Legal Question in Real Estate Law in Florida

Re: Fraudulant Seller Disclosure?

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.

RESPONSE: You should be aware that: An �Action For Non-Disclosure,� is a judicially created cause of action from the seminal case of Johnson v. Davis, 480 So.2d 625 (Fla. 1985). The Supreme Court of Florida, in Johnson stated that �we hold that where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer. This duty is equally applicable to all forms of real property, new and used.� Moreover, �An �as is� clause in a contract for the sale of residential real property does not waive the duty imposed by Johnson v. Davis to disclose hidden defects in the property. E.g., Syvrud v. Today Real Estate, Inc., 858 So.2d 1125, 1130 (Fla. 2nd DCA 2003) citing, Levy v. Creative Constr. Servs. of Broward, Inc., 566 So.2d 347 (Fla. 3d DCA 1990); Rayner v. Wise Realty Co. of Tallahassee, 504 So.2d 1361, 1364 (Fla. 1st DCA 1987). Therefore, I strongly caution you to consult with a local attorney and discuss all the facts. Good luck!!

Re: Fraudulant Seller Disclosure?

You fail to indicate whether you had house inspected before purchase.

Re: Fraudulant Seller Disclosure?

Yes, the seller may be liable for any known defects in the property at the time he sold the property if he knowingly withheld this information when selling the home and you are able to prove this.

Best Regards,

Tonia Troutwine, Esquire

305-670-0373