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P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 33073
Experience:  12+ yrs. of experience including real estate law.
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I purchased a listed short sale last year to rehab. The

Customer Question

I purchased a listed short sale last year to rehab.
The seller and listing broker who is also an attorney who processed the short sale did not disclose mold and water damage to the property. There were also rook leaks that were not disclosed either.
The day before closing I found out about a leaky pipe in the Kitchen only because I turned the water on for my inspection which was going to happen after closing. The water was turned off by the broker.
I then heard the seller of the house has since bought/built a brand new house. What recourse can I pursue against both parties. I can email you the contract/ inspection report and affidavit signed by the buyer at closing.
I have included the purchase contract showing their were no disclosures, the home inspection report showing the damages NOT disclosed and then the Closing Affidavit signed by the seller.
Please let me know what my options are to pursue legal actions against both parties.
Thank you.
Regards,
Tim Safransky *****
Tampa, FL 33626 (###) ###-####
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  P. Simmons replied 6 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Can you tell me, did the seller know of the mold? Or do you know?

Customer: replied 6 months ago.
The had vacated the property for about 1 year before selling it. The bank had some sort of management company checking on the property. I was told they stole the fridge and helped caused the leak and water damage.
Customer: replied 6 months ago.
I did not know the call was more
Customer: replied 6 months ago.
we will email for now
Customer: replied 6 months ago.
I know you have your license other than FL - maybe the laws are different
Expert:  P. Simmons replied 6 months ago.

Can you tell me, did you have a home inspection done prior to the purchase?

If so, did that inspection uncover any of these problems? If not, why not?

Customer: replied 6 months ago.
No I did not.It was a financial issue. All the monies I had were coming in after the closing to do the work/ etc.
Customer: replied 6 months ago.
Can I file a complaint with the realtor board?
Expert:  P. Simmons replied 6 months ago.

Thanks

FL law is clear, the seller is required to disclose the existence if the property contains any environmental hazards such as asbestos, lead, mold, Chinese drywall, etc.

So IF they had knowledge of the mold and did not disclose??

That would be a basis to void the contract (you could sue to have the contract voided, you get your money back and return the home to the seller)

But you have to prove it...you have the burden to prove they knew about the mold.

Can you report to the realtor board?

Sure...but the standard is the same...you have to prove they knew of the mold and did not disclose (which violates the law).

As for the leaking roof or leaky pipe?

That is not a "required disclosure"...and this is one of the reasons why you have the home inspected prior to purchase. So this would not likely be a basis to sue or complain.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 6 months ago.
I know that.What your experience when people file complaint with the board of realtors?
Customer: replied 6 months ago.
in situations like this?
Expert:  P. Simmons replied 6 months ago.

The board will investigate the complaint. If there is evidence that the broker/agent did not act ethically (for example, evidence that the broker/agent misled you)? The board will sanction the broker/agent

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