Legal Question in Real Estate Law in Florida
Liability of Real Estate Agent when making recommendations
The real estate agent I had to help me find a house recommended a home inspection company to inspect the house that I put a contract on because he uses them all the time and they are good.About two months after I closed I had several leaks in my roof.Come to find out the inspector did a very poor job inspecting my roof.I also found out that the inspection company was not licensed to do business in my county so actually performed the service ilegally.My roof needs to be replaced and should not have passed the inspection according to the state roof inspector that I called out later.I am in the process of suing the inspection company but they have no assets to pay for my roof.My main question is since the real estate agent is representing the real estate company and there is the professional trust that their recommendation is good, is the agent and the company somehow liable for the disservice performed by the inspection company that the agent recommended.This was a professional recommendation and I feel had because they were not licensed and I am know stuck paying for a roof that would have been replaced prior to closing had I known about the damage.The seller inherited the house and claims no knowledge of the roof problems.
1 Answer from Attorneys
Re: Liability of Real Estate Agent when making recommendations
You have presented several legal issues worthy of concern. First and foremost, you should include the inspection company in any litigation. It does not cost any extra to add another defendant. Second, you should check with neighbors to see if the Seller actually knew about the leak. Neighbors will often have more knowledge than you might expect. Under Johnson v. Davis, an important case in this area of the law, the prevailing law which stated more or less, "let the buyer beware" was struck down and the owner of a house was charged with liability for not disclosing known defects to the Buyer. You may wish to see if any permits were pulled for repairs to the roof prior to the sale.
Be sure to review the inspection report carefully. Generally, the inspectors are not roofers and they employ another entity to conduct the roof inspection. They would then share in the liability for the failure to detect problems with the roof. All roof inspections and reports should only be conducted by a licensed roofer.
This is a serious legal matter and you should consult with a qualified real estate attorney in your area to discuss the exact specifics of your problem. Any answer on the internet is insufficient to address your direct problems.
Scott R. Jay, Esq. (305) 249-8000
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