Legal Question in Real Estate Law in Florida

hello, we bought this house a year ago and now we found out defects in the plumbing. we had slab leaks (2x) and we have to have it repiped.And now we just discovered that the kitchen walls have termite damage due to the infestations that occurred even before we moved in this house. our termite bond won't even cover it because according to them it occured before they did the treatment. Do you think we have a case here. To whom should we pass this complaint to?


Asked on 6/15/10, 5:23 am

2 Answers from Attorneys

Leon Ferraez Ferraez, LLC

One critical question is whether you had a house inspection and/or a termite inspection done prior to purchasing the home. One would also have to take a look at all the inspection reports and the house purchase/sale agreement before reasonably answering the question.

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Answered on 6/15/10, 8:40 am

if the plumbing leaks are related to defects that constitute building code violations then you may have claim against the responsible party (General Contractor or Plumber) per statute. Re the termites, Florida allows a claim under Johnson v. Davis for negligent nondisclosure. You would need to demonstrate that the prior owners knew, or should have known, of the termite damages and failed to disclose them to you. This claim is a tort, indipendent of the PSA. You may want to check with the owner's prior termite company to see if the prior owners reported infestations or outbreaks (if subteranian)

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Answered on 6/15/10, 8:46 am


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