Legal Question in Real Estate Law in Florida
We were looking for a property in Florida. I had an agent show us a property and it was nice. I asked him if there was a community pool and he said yes and so did the seller of the property.
Me and my husband drove around wanting to see the pool but were unable to find it. We figured that with the community being so large maybe we missed it. So we flew home to NJ and electronically signed the contract and agreed to rent the property to two families. .. (we have an inlaw suite ). And a lease agreement was signed.
I emailed the HOA asking about the pool and was told that there was no pool.
We would have continued to look at houses if we had known this.... I immediately text our agent who told me that he was sorry. .. he might have mixed up that property with another but had no idea why the property owner said yes also....
He also said "just put a pool in, Or go to another community pool" it's really not a big deal. Maybe not to him, but we have 2 young children and it's a big deal to them.
Here's the thing, we need to be out of our property because of the lease agreement we have with 2 other families. No we have no choice but to purchase a property that we really do not want because of the realtor lying to sell the property.
Is there anything that can be done?
1 Answer from Attorneys
The contract for purchase and sale controls. If no mention in that document about community assets than you are likely stuck. The oral hype by the realtor and owner are not actionable in most circumstances. If there was some written documentation provided about a community pool which they knew did not exist, you could potentially escape the contract on a fraud allegation. On the facts as given you will have a difficult time doing that.
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