Legal Question in Civil Litigation in Florida
Can I sue my builder for non disclosure?
We purchased a new home in December 2007. The builder failed to tell us that a local power company was planning to erect 250 foot power lines 1/2 mile from my house. There are already existing lines there from another utility company and we were fine with those lines when we purchased the home. Now we find out that more lines are going to go up from another electric company and homes are going to be torn down from our subdivison to make room for these things. We found out that the builder was notified of this possibility in 2005 but they didn't disclose anything to us when we bought the home. Can we sue the builder? These power lines are going to be a HUGE eyesore not to mention it will indefinately change the view I see from my front porch.
3 Answers from Attorneys
Re: Can I sue my builder for non disclosure?
YOu may have a claim against the builder for non disclosure. Feel free to call or e-mail me if you want to pursue legal rights against the builder. Thanks.
Scott Behren
Re: Can I sue my builder for non disclosure?
It depends on the terms of the contract, but generally speaking, you can sue the seller of real estate for non-disclosure of known defects.
Re: Can I sue my builder for non disclosure?
the question would then be whether the erection of power lines not on your property is a defect. Sadly, your view being changed is not actionable.
You would likely need to offer some proof that had you known of the defect (if it is a defect) then you would not have purchased the property.
I would say that regardless of the contract language you will have a difficult and costly fight on your hands.
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