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Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 33086
Experience:  30 years of real estate practice experience.
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On August 12 2016 I purchased a home located in Deltona, FL

Customer Question

Hello, On August 12 2016 I purchased a home located in Deltona, FL that was a flip and was advertised as completely renovated everything is new in this home roof, AC, electrical , plumbing, floors, kitchen, bath ect…. I did have an inspection and there were a few things that needed repair including the AC didn't seem to be working properly they agreed to fixed everything on the report. The day of closing final walk through not only was there no key but when we entered 2 hours later pushing back the closing to find out the air conditioning not working at all. I had the seller sign an addendum that she was responsible for having the" brand new system" in proper working condition and I wanted the warranties for the units as they are new and the company that installed it should warranty it. The day of closing she sent a licensed AC man to do repairs but he would not fix it as she had not authorized to pay him so he left and she sent another unlicensed guy ( whom I believed installed the unit") to do repairs and as I asked for his license number he said it was his boss who originally put in the unit. Long story short I've had constant AC problems since. So after many visits for the AC I was told the AC handler is used not new and all the serial numbers have been scratched off and that the unit is missing the drain pan on the interior of the air handler and will never work properly without it !! I also had electrical problems that I have since paid and been fixed. I have had huge plumbing problems, so far $3500. for the main drain re-piped and the other side of the house still has problems…. This home was suppose to be all new but only superficial and cosmetic things in reality are new, the new electric….plugs and switch plates are their new eclectic and new toilets and drain covers are the new plumbing and I still have no AC as I'm sure the person who installed it was unlicensed, and they have never produced a the warranty. I have asked them to just repair the problems to no avail. This home was sold as-is but was falsely advertised (which I have all of their brochures)as all new, so my question is, do I have any legal recourse to hold them responsible for some or all of this ??Teri Panisset
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Deltona Florida
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think thats it
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Loren replied 9 months ago.

Good afternoon. I am Loren, a Florida licensed attorney, and I look forward to assisting you.

You may be able to assert a claim for fraud or misrepresentation. The seller made a false statement regarding a material fact for the purpose of inducing you to purchase the property.

At the very least, you should be able to leverage a settlement so that you receive some compensation for the cost of what was promised.

If the claim does not exceed $5000, you can sue in small claims court. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

If small claims court is not an option then it is strongly recommended you retain local counsel to pursue the claim.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

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