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