Legal Question in Real Estate Law in Florida

House not up to code?

My husband and I bought a house about a year ago. The owner of the house is also the lender and the mortgage broker. We were promised many things when we moved in nothing of which we got on paper. I know we can not do anything about those promises without proof. Now that we have been here a year we are finding this house wasn't up to code compliance and is costing us a tremendace amout to repair. When we moved in the water pump didn't work(we are on well water) the roof was illegal(no vents and double layered) we had to replace the whole roof. The sideing is wood rotted and there is mold in the walls, the doors are all jimmy rigged in and backwards and our electrical is very much against code. anything we plug in it sparks and our bedroom, bathroom, washer and dryer and water pump is all on one breaker switch. Is there anything we can do? My husband doesn't think so because some things were up to code 10 years ago but not now. Is he right?


Asked on 8/14/06, 8:20 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: House not up to code?

IF they were up to code when it was built then I don't think there is anything to complain about. However, The supreme court of Florida created a cause of action in Johnson v. Davis.

Providing that it is material to a transaction, a knowing withholding of a fact or suppression of the truth may constitute fraud as much as a false statement.

Where the seller of a home, or his or her broker, knows of facts materially affecting the value of the property that are not readily observable and are not known to the buyer, the seller or broker is under a duty to disclose them to the buyer, and this duty is equally applicable to all forms of real property, new and used; the failure to disclose under this duty may subject the seller or broker to liability for fraudulent concealment. Johnson v. Davis, 480 So. 2d 625 (Fla. 1985); Syvrud v. Today Real Estate, Inc., 858 So. 2d 1125 (Fla. Dist. Ct. App. 2d Dist. 2003).

Even though the situation between the parties is such that the seller does not owe a duty to disclose facts in his or her knowledge, the seller may be guilty of misrepresentation amounting to fraud in undertaking to disclose the truth but in revealing only part of it.

Read more
Answered on 8/14/06, 8:47 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida