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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36325
Experience:  Texas Attorney for 30 years dealing in real estate
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I purchased a duplex on 3-11-2016 had a home inspection

Customer Question

I purchased a duplex on 3-11-2016 had a home inspection prior to purchas. The home inspector was highly recommended by the listing agent. After home inspected spoke to inspector he stated the roof still had a good 5-8 yrs. left. On 27-2016 we had some terra tubal rains with hail there was a major leak in the laundry room to the point the sealing was sagging. Got ahold of realtor and inspector. Inspector suggested it was caused from the hail. Had my homeowners ins. Adjuster check this out he said the roof needed replacing no hail caused this that there was a lot of wear of the roof with granulosis lost from shingles. He also commented he was suprised the roof passed inspection, as well as several roofing companies I called out for estimates.Not only did the roof pass inspection, he did not inform me that the wall outlet for dryer had no current, he did find a few things that needed repair or replacing, garbage disposal, widow panes in front and 3rd bedrooms, Woodrow on outside, electric panel cover on outside. After contacting real estate broker he got the owners to say they would fix the above items. The only items repaired was some wood rot, and 2 Windows one which was not the front bedroom but gave a $100 at closing for repair. After trying to talk to listing agent and broker nothing else has been repaired or replaced I have paid out of pocket all repairs and for a new roof. I realize it is not Fl. Law to disclose of a death in a home but should I of not been made aware that the badly decomposing body as well as dog lied in the home for several months before they were found and he's at was called in. First time buyer so distraught I had to get medication from my Dr. From the stress have not enjoyed home for 1 day. The home inspector sent me a check for $300 which I have not cashed since I was so unhappy with the inspection. Should I be able to recover the monies I have had to pay for repairs do I have a case or enough damage and mental distraught that would warrant a lawyer.q
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Ray replied 3 months ago.

Hi and welcome to JA. Ray here to help you today.

Yes you would sue here for material breach of sales contract failure to disclose.Your lawyer sends demand letters to all three parties here, realtor, seller, and inspector.All have liability.The inspector here and realtor have errors an omissions insurance.You may get partial offers from all and sue the rest here.

You will need a local lawyer and a good estimate of all the repairs and/or diminished value.I would not cash the check here but have lawyer send demand letters returning the check and asking for cost of repairs.You have great facts to recover these amounts as these were long term problems that predate the sale.

Expert:  Ray replied 3 months ago.

The Florida Statute of Limitations for a Breach of Contract is 5 years for written contracts and 4 years for oral contracts. Florida Limitations Statute 95.11 (2012).

Expert:  Ray replied 3 months ago.

Lawyer for you here

Call(###) ###-#### ***** will place you in direct contact with The Florida Bar Lawyer Referral Service maintained as a public service by The Florida Bar. Your call will be answered by a lawyer referral staff member who will take your name, address and telephone number. You will be asked to state your problem briefly

I hope you will pursue this, you have plenty of time left to sue and seek recovery for the costs of repair and remediation.

I appreciate the chance to help you today.Thanks again.

Customer: replied 3 months ago.
Thank you for the info. iIn Fl should they have disclosed that he's at was in the home for cleanup.
Expert:  Ray replied 3 months ago.

Yes these were pre existing problems, the roof probably leaked before this as well as the others.The inspector should also have caught this.All have potential liability and you can sue them if they do not resolve.I think you will get some offers here to do so off the demand letters.Sorry you have had this happen here.

Customer: replied 3 months ago.
Sorry I was wondering in Fl should I been made aware that hazmat had to be called in to clean up the decomposing body and decomposing dog
Expert:  Ray replied 3 months ago.

Florida law requires a Seller and her Realtor to disclose significant defects that may not be readily visible to a buyer.And yes this should have been disclosed by all.Just one of many items they failed to mention, and that they expressly knew about.

Expert:  Ray replied 3 months ago.

It is not the death here but the fact that there may be health hazards from it.Florida law provides that, with some exceptions, you (as a home seller) must disclose any facts or conditions about your property that have a substantial impact on its value or desirability, and that others cannot easily see for themselves (This comes from the court case of Johnson v. Davis, 480 So.2d 625 (Fla. 1985)).

Thanks again and the best here.If you can positive rate it is always much appreciated.

Customer: replied 3 months ago.
Your answers have given me the leverage I needed Thank you very much.
P.S. I am aware that the state of Fl. Law does not require the real estate co. To disclose of a death. But was not sure about the hazmat issue again Thank you. LaJuan
Expert:  Ray replied 3 months ago.

LaJaun it was my pleasure to help you today.I hope you can get some justice here.