Legal Question in Real Estate Law in Florida

FHA Question

My husband and I were buying a condominium from a family member through FHA. An appraiser appraised the dwelling and a FHA inspector came out. FHA said the home needed a new roof, because of age (18 yrs), it did not leak. My spouse and I signed all the RESPA papers with the Mortgage Co., and he, the broker told us, �all we are waiting on is the roof, so when that gets done, it�s done.�

We immediately paid $3,000.00 for the roof to be replaced. After a week of being replaced then we were informed from the broker that the Condominium Dev. the structure resides in is not approved by FHA because of a lawsuit filed in 1990. We had no prior knowledge of this.

The deal of course fell through and we just purchased a roof for a home we rent, but do not own. Shouldn�t the mortgage or finance company have check to see if the development was FHA approved before RESPA and a new roof at our cost?

Do we have any recourse?

Thank you


Asked on 4/10/02, 2:24 pm

2 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: FHA Question

To seek relief, would cost more in atty fees than you would recover. Discusss the matter with your relative. Seek counsel first.

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Answered on 4/15/02, 7:36 pm
David Slater David P. Slater, Esq.

Re: FHA Question

Without a written commitment they have no legal responsibility to you. Your family member was responsible to have the roof fixed. You were very nice to have paid for it. I suggest you contact your landlord for reimbursement or a deduction in rent. Next time speak with a lawyer first.

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Answered on 4/11/02, 8:38 am


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