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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118750
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I purchased a home in January of 2014 in Seminole, FL.

Customer Question

I purchased a home in January of 2014 in Seminole, FL. During one of our visits to view the home, we noticed water stains on the carpeting, especially in one of the bedrooms, and inquired of the agent about them. She said the previous owner (who had died about a year before) "must have had a plant there that leaked water on the carpet." The agent was related to the seller. After we purchased the home, we didn't move in right away, but had new flooring put in throughout and new windows. We moved in a couple of months after the closing. Within a few weeks, we noticed that the carpet in the bedroom was wet in the area where the water stain had been. We have called plumbers at least twice to see if there was some kind of leak, but they were unable to determine the cause of the problem. Now the floor is wet almost all the time and we are afraid there is a big problem. We think the seller and/or realtor should pay to fix this defect that they either knew about or should have known about, and did not disclose. Do we have a case? Thank you,
***** *****ghtfoot
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the seller did not disclose a known defect such as a water leak, then the seller is liable to you for the damages. Furthermore, if you questioned the water and it was intentionally misrepresented to you, the seller/agent could be liable to you for that misrepresentation. If you purchased a home warranty with your purchase your first step is filing a claim with them. If you did not have a home warranty, you must get someone out there to discover the source of the water in order to know what type of case to file against the seller (their agent or even their estate if they are deceased) for the repairs required for damages that are sustained and for repairs.

You would need a local real estate litigation attorney to pursue this case in court against the seller once you get the determination made as to where the water is coming from.