Legal Question in Real Estate Law in Florida

Re: Property damage found after closing

If you can prove owner knew about it.

Re: Property damage found after closing

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.

If you can prove that the Seller knew of the defect, then you may have a claim under Johnson v. Davis, the leading case which established the Seller's obligation to disclose all known defects which might materially affect the purchase price. If not, then you may be out of luck. Frankly, you should have checked prior to closing.

Scott R. Jay, Esq.