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legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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I purchased a house in January 2017, after I moved many

Customer Question

I purchased a house in January 2017, after I moved many issues are surfacing every week and they were not disclosed during the purchase of the house. what legal remedies are available to me?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Odessa, FL
JA: Has any paperwork been filed?
Customer: what paperwork?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Few a samples of the issues:
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  legalgems replied 4 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 4 months ago.

I am sorry to hear this; was the house sold as is? Was a property inspection done? was a realtor involved?
Are these obvious, or hidden, defects?

Customer: replied 4 months ago.
Purchased with a full inspection, realtor was involved, defect were hidden and surfacing one after another none of which are mentioned on the inspection.
Expert:  legalgems replied 4 months ago.

Thank you - I am sorry you are having to deal with this after making such a large purchase.

So basically the seller must disclose all known defects, even if the sale is as is. Before the concept of caveat emptor applied, with the buyer having to have a home inspection to reveal any defects; but the law has changed and now requires the seller to have an affirmative duty to disclose any and all defects.

This is pursuant to case law; for example: Johnson v. Davis, 480 So.2d 625 (Fla. 1985)

As such the buyer can sue the seller to remedy the situation which includes the cost of repairs; if the defects are serious and deemed "material" (ie they cannot be rectified; or they are so significant the contract should be voided because the plaintiff did not get what s/he bargained for).

The realtor can be liable if the realtor, through the exercise of due diligence should have known of the defects-that is usually not applicable for latent defects.

If the inspector failed to locate the defects, they can be liable based on a negligence theory: Negligence is defined as a failure to perform with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but may consist of omissions when there is some duty to act. This cause of action has 5 elements: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; harm caused by the negligent conduct; physical harm of actual damages; and proximate cause (reasonably foreseeable damages).

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Expert:  legalgems replied 4 months ago.

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