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I purchased a mobile home of 2-7-18 and found mold behind…

Customer Question
I purchased a mobile...

I purchased a mobile home of 2-7-18 and found mold behind the wall in the bathroom. The seller knew this as they papered over it. The contract was an as is contract, but this was not disclosed

Lawyer's Assistant: What state is this in? And how old is the mobile home?

Florida, and it is a double wide that is 28 years old

Lawyer's Assistant: Has anything been filed or reported?

No just found last night, pull down the wall paper yesterday and the dry wall was rotted

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, thank you

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 51 minutes by:
3/12/2018
Real Estate Lawyer: Damien Bosco, Attorney replied 1 month ago
Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 4,162
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Real Estate Lawyer: Damien Bosco, Attorney replied 1 month ago

Have you approached the seller about this yet?

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Customer reply replied 1 month ago
Doing that in twenty mlinuutes
Real Estate Lawyer: Damien Bosco, Attorney replied 1 month ago

Okay. Hold, please.

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Real Estate Lawyer: Damien Bosco, Attorney replied 1 month ago

In Florida, sellers of residential real estate have a duty to disclose most material information about the condition of the property (past and present) as well as repairs that have been done and repairs that need to be done (including things like termite damage, mold, Chinese drywall, leaky roofs, plumbing and electrical issues, structural damage, code violations, illegal additions, etc.).

The buyer may have the right to rescind the deal and/or sue for money damages resulting from the failure to disclose (however, most standard form contracts now require most disputes to be mediated before litigation may commence – check your contract).

http://aboutfloridalaw.com/2013/10/22/duty-to-disclose-for-sellers-in-florida-residential-real-estate-transactions-florida-real-estate-buyers-are-protected-by-florida-law/

It does not matter that it says "as is." An "As is" clause does not negate the duty of the seller to disclose.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Real Estate Lawyer: Damien Bosco, Attorney replied 1 month ago

Hello again:

I am checking in with you to see how things are going. If you need more, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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