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I purchased a home in Florida listed with impact windows,

don't believe this to be...
I purchased a home in Florida listed with impact windows, don't believe this to be true. If after verifying that it's not so, can I sue the seller to replace with impact windows, as advertised? I bought the house 2 years ago.Thank you for your help.Maureen
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Answered in 44 minutes by:
9/22/2017
Lane
Lane, JD, CFP, MBA, CRPS
Category: Finance
Satisfied Customers: 14,668
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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HI, MY NAME’S LANE - I hold a law degree (J.D.), with concentration in Tax Law, Estate law & Corporate law, an MBA in finance, a BBA, and CFP & CRPS (Chartered Retirement Plans Specialist) designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice 1986.

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Florida Code § 501.203 and § 501.204: Prohibits unfair or deceptive advertising of any good or service.

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Some of the penalties that fraudulent or deceptive advertisers may suffer in Florida include: Up to $10,000 for each willful violation of the law against unfair or deceptive advertising (Florida Code §(###) ###-####

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Given the current issues and current sentiment about contractors taking advantage of others' hardships from weather, your timing is likely good.

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You ALSO may have a case for negligence, if you can show that the seller had a duty to you and that duty was breached.

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ANd finally, you may have a strict product liability case if the window company itself advertised as being able to withstand something that they could not withstand.

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Customer reply replied 10 months ago
Thanks Lane.Is there a statue of limitation for suing the house seller for deceptive advertising? Would sue for them to install the impact windows or the amount to install same. The house was listed as having impact windows. Sept 29, 2015 is when house was purchased.Regards, Maureen's

OK, I thought you bought the windows separately.

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The primary source of regulation regarding advertising residential property emanates from the Fair Housing Act as well as the Fair Housing Advertising guidelines promulgated by the United States Department of Housing and Urban Development

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And as mentioned, in addition to federal laws, Florida has its own advertising laws, regulations, and guidelines. The Florida laws prohibit false and misleading advertising. ( Florida’s statute of limitations for analogous state law claims - state law claim made at the same time as a claim under the fair housing act is four years)

Lane
Lane, JD, CFP, MBA, CRPS
Category: Finance
Satisfied Customers: 14,668
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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Category: Finance
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