Legal Question in Real Estate Law in Florida

Re: Open permits not disclosed - part 2

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 nformation, 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.

Your right to require the Sellers to close the permits may have died at the closing pursuant to the terms of the Contract for Sale and Purchase. An attorney would have to review it carefully and advise you of any rights you might have to seek compensation from the Sellers. If they knew of the open permits, it is possible that damages could accrue based on the holdings in Johnson v. Davis and other cases decided since then which require a Seller to disclose all known defects which might materially affect the value of the property.

Scott R. Jay, Esq.