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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36366
Experience:  Texas Attorney for 30 years dealing in real estate
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I put a deposit down on a home in Fl. I had the home

Customer Question

I put a deposit down on a home in Fl. I had the home inspected an very few items were needed fixed. I was on my way to FL to close on home an Realtor called an said the owner had to call a plumber in to fix a water leak under concrete in garage. I then arrived at home to look at where the plumbing company had repaired leak. It looked ok an had been repaired. I then was walking around the huge garage an on other end I found 2 more spots in garage concrete wheRe water had leaked. Is there anything I can do to get a warranty on this home? Or just stop contract without losing my deposit?
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.

I would write the buyer or the realtor here describing what you observed.You would argue that this was not disclosed to you and is readily observable.You can tell the seller here that you are going to complete the sale based on this serious undisclosed condition.Tell them if your deposit is not refunded here you intend to file small claims for it.

This sounds major here I think walking away is in your best interest even if you have to sue for your earnest money deposit.Make sure you take pics here and send them with the letter to support your terminating the sales contract.Long term this appears to be your best decision.There could be real big problems and big money to repair it.

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

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