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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 40103
Experience:  Texas Attorney for 30 years dealing in real estate
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I purchased a home in florida and the sellers disclosure was

Customer Question

i purchased a home in florida and the sellers disclosure was fague and misleading the home when we did a final inspection couldnt see damage to all walls and ceilings due to them having applied commercial knockdown finish and popcorn ceilings the night we purchased the home we saw all the sins of repair due to water damage. my wife went to bath and turned on the jets for the spa and the ceiling below was leaking terribly i told my wife to turn off the jets a put a broomstick hold in the ceiling and the next day you couldnt notice any damage other than my broom stick hole there was taping done on the same line prior showing there wer leakks and the owner had to have known. my inspector found none of the problems i had after the closing i had a roof inspectors telling me there was water under the roof shingles that is causing a leak or potential leak the drains on the flat part of the roof where all done wrong I then proceeded to hire a mold inspector (my inspector said i never asked for a mold inspection and yet he never told me to do one as he saw the damage) the mold inspector shows black mold and various other mold in the home. the air quality was 800 where the inspector said it should be at 9000 min up to 24000, the humidity level was at 61% normal is 45 to 55 and 60 is the max it should be. the a/c people were there as well telling me and the mold inspector that its pushing out only 300 instead of 500 (I have 2 x 3 ton units on the roof. I have in excess of 50K in damages due to the sellers none disclosure being wrong and incorrect. He slipped and said he didn't live in the home for 3 months and said he resides there. His real estate broker had the a/c blasting that we were chilly when we looked at the home (of course to freeze the mold and smell) The Realtor never told the seller that he should do a mold inspection since he was his buddy and knew of all the leaks he had in the home. If he did he couldn't sell the home unless it was remeditated properly this is Florida law from what i was told. Please let me know if I can sue the original inspector the seallers realtor or the seller. Please help I dont know what to do. Also my wife got Pnemonia and has an auto immune disease and my daughter is hacking. Both were taken to Dr.s this all occured when the mold inspector frilled wholes in the walls too air samples and exposed all the other mold through the house.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

I am so sorry that you have had to go through all of this.You can sue here for breach of sales contract and material nondisclosure of these facts.

Your lawyer would send demand letters to everybody here, seller , inspector, realtor and seek recovery from all.The inspector and realtor usually have errors and omissions coverage.You may get partial offers of settlement from some or all of the parties.You would then file suit against the ones that remain.

You can certainly argue that there was not full disclosure and that you were lied to along the way.You can seek damages here for your costs to remediate, inconvenience, etc as well as legal fess and costs.

You can find a real estate litigation lawyer here.

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You have 5 years here to bring such a suit.

I appreciate the chance to help you tonight.I wish you the best.Please let me know if you have more follow up.Thanks again.

http://miamilawadvisor.com/florida-statute-of-limitations-for-breach-of-contract/

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