How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ely Your Own Question

Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 87229
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
7286322
Type Your Real Estate Law Question Here...
Ely is online now
A new question is answered every 9 seconds

bought a condo in FL; the buyer wouldnt sell unless the furniture

Resolved Question:

bought a condo in FL; the buyer wouldn't sell unless the furniture was included; had inspection done and no major issues; moved in and found the place was infested. Since then started throwing out mattresses and other furniture left. My problem is that the listing said "move in ready" do I have any recourse for either the seller or the realty for misrepresentation?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Ely replied 10 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation.

do I have any recourse for either the seller or the realty for misrepresentation?

I am afraid that while you may not have a case against the seller, you may have a case against the inspector. Allow me to explain.

1) In Florida, a seller is obligated to disclose to buyer all known facts that materially affect the value of the property and that are not readily observable.

2) To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.

3) Let us say that the seller was sued. The closest action would be FRAUD. The elements for actionable fraud are (1) a false statement concerning a material fact; (2) knowledge by the person making the statement that the representation is false; (3) the intent by the person making the statement that the representation will induce another to act on it; and (4) reliance on the representation to the injury of the other party. Lance v. Wade, 457 So. 2d 1008 - Fla: Supreme Court 1984.

4) The issue is that the Seller can argue that (1) you did do an inspection and had the opportunity to find the infestation, (2) the infestation does not materially affect the value, and/or (3) the infestation occurred after they sold. In short, the claim may for FRAUD here may be very weak against the seller. In addition, the same applies to the realty office.

5) However, one may have a case against the INSPECTOR used. The four elements of negligence are (1) a legal duty owed by defendant to plaintiff, (2) breach of that duty by defendant, (3) an injury to plaintiff legally caused by defendant's breach, and (4) damages as a result of the injury. Paterson v. Deeb, 472 So. 2d 1210 - Fla: Dist. Court of Appeals, 1st Dist. 1985 It could be argued that the INSPECTOR here had a duty per the contract to properly inspect the property for you, and failed to notice these issues, and you suffered as a result.

6) In summary, the case here may be stronger against the inspector than the seller/realty office.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 10 months ago.

ok, say I want to go further with legal action. Can you direct me to an org that will take up theses cases for pro bono. I am on disability and cannot even afford the money I am paying for extermination.. thank you

Expert:  Ely replied 10 months ago.
C,

Thank you for your follow up. While I cannot make any promises, I can recommend three resources. First, here is a list of all pro bono work in the state...

http://www.abanet.org/legalservices/probono/directory/florida.html

…and another list:

http://www.lawhelp.org

Finally, you may call your local law school and see if they have a legal clinic place available. The legal clinic is a free service the school(s) provide to the community. While they are often overbooked, they have openings sometimes. Here is the list law schools in your state:

http://www.hg.org/law-schools-florida.asp

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 10 months ago.

can you give me some general info on the process of a lawsuit plese in the state of FL?

Expert:  Ely replied 10 months ago.
Sure, I would be happy to do so. Please tell me:

1) What county is this in, and
2) How much is the cost to get rid of infestation and loss in chattel (furniture) due to what had to be thrown out?
Customer: replied 10 months ago.


Saint Lucie County


 


$600 so far with the infestation company


 


paid $9000 for all of the furnishings. at least $4500 (Beds, mattresses, couch, chairs etc) have been thrown away.

Expert:  Ely replied 10 months ago.
Thank you.

This may be a matter for small claims court in FL. For a step by step guide on this matter, see here. For a very thorough explanation of the process, see here (although from Pinnelas, the description generally applicable state-wide). For a flow chart, see here.

Again, the case here may be for "negligence."

The case is begun by one filing a complaint with the court, which is then served unto the other party and there is a trial hearing later on. The Court should have blank pleadings for this.

To contact the small claims court in your county, please see below.

250 N.W. Country Club Drive, RoomXXXXXLucie, Florida 34986

Phone:(NNN) NNN-NNNN
Fax:(NNN) NNN-NNNN

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 10 months ago.


thank you


 


and you believe the best case would be with the inspector? can I also file against the seller? and can this be done at the same time.


 


I appreciate the information.

Expert:  Ely replied 10 months ago.
You are very welcome.

and you believe the best case would be with the inspector?

You mean against the inspector? And if so, yes.

can I also file against the seller?

If you'd like, although it is my belief that the case against the seller may be weaker.

and can this be done at the same time.

Technically yes. One can have more than one Defendant, and if so, the Court will apportion the blame as it sees fit.

I appreciate the information.

My sincere pleasure.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 10 months ago.


ok thanks


 


will I get a transcript of this info or just rely on my emails

Expert:  Ely replied 10 months ago.
C,

I am afraid that JustAnswer does not allow me to email you a copy of the transcript; my apologies. I simply do not have that ability. However, you may copy and paste the conversation and/or print it out if you'd like.

Apologies, but the site simply limits me to this medium only.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 87229
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Ely and 8 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.
 
 
 

Related Real Estate Law Questions