Legal Question in Civil Litigation in Florida

Re: previous owners failed to disclose major problems

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The Seller and the Realtors have a duty to disclose any known defects. Frankly, you would have been smarter to have the inspection prior to the closing rather than after. If you can prove that either the Seller or the Realtors had knowledge, you can hold them responsible for all damages pursuant to the leading case of Johnson v. Davis which requires the parties to disclose all known defects which materially affect(s) the value of the property.

Scott R. Jay, Esq.

Re: previous owners failed to disclose major problems

(This is not legal advice)

It sounds like you have a cause of action for fraudulent misrepresentation against whoever sold the home to you. You need to wait until you receive your estimates to take action, however, if your damages are $5,000 or less than you should file an action in small claims court. You can do this yourself by going to your clerks office and filling out a statement of claim. However, if your damages are over $5,000 based upon the estimates you receive, I would suggest retaining an attorney to prosecute the case on your behalf in either county or circuit court, as may be appropriate.

Re: previous owners failed to disclose major problems

Could be inspection company or seller or sellers realtor if someone knew and failed to disclose, you need to show an attorney the relevant documents especially the Sellers Real Property Disclosure Form. Contact my office if you want to discuss further.

Re: previous owners failed to disclose major problems

NOTE: This communication is not intended as and should not be interpreted as professional advice.

You likely have a suit for Fraudulent Misrepresentation and other causes of action against the seller and possibly the realtor. The Disclosure Statement, Purchase Agreement, and other facts are the key to whether you have a case. Check to make sure your contract provides for attorney fees and costs. Then, contact a competent attorney. If your fees and costs are not covered, you may want to reconsider bringing a suit based on $5,000 in damages. I would NOT suggest pursuing the matter without professional representation.