Legal Question in Real Estate Law in Florida
Non-disclosure question
I purchased a condo which had two leaks on the first day I moved in. After the water came through the ceiling from the laundry area, there is evidence the seller patched the ceiling from a previous leak and used improper fittings and pipe which is not up to code. This was a seller who did not live on the property and only fixed up to turn a profit.
Is it possible to void a contract if the seller did not disclose previous plumbing leaks and repairs to the structure? I was told that I need a mold evaluation to determine if the house is habitable. This is secondary to the seller misrepresenting his property was free from defects. Why do I need to even be concerned about hiring a mold specialist when the seller breached the contract?
1 Answer from Attorneys
Re: Non-disclosure question
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 [residential] 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). Good luck!!
Randall Gilbert
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
