Legal Question in Real Estate Law in Florida
I purchased a home in Florida that has a broken heating/AC system, mold under sink and throughout the refrigerator making it unusable, clogged septic system and garbage all over the property. I bought the property AS-IS, without inspection assuming that the seller and/or the agent would disclose such faults. Do I have legal recourse?
2 Answers from Attorneys
Known defects that are not reasonably discoverable by you affecting the material value of the premises are to be disclosed, even in an AS IS contract. However, proving it is difficult, and the relief is recession of the sale. So it has to be something big.
Now if they lied about in specific inquiry from you that is another story.
If they didn't know about it, or if in fact they disclosed it but you didn't catch it, it is your problem. This is common when sales are from an estate. Also, a simple inspection by you would have discovered most of the items, which also may negates your defense to these items. That is why it is AS IS.
As you now know, your assumption can not to be relied upon, . An inspection is always a good idea.
If you can prove they knew of these defects,you may.