Legal Question in Real Estate Law in Florida

Real Estate Mis representation

When we built our home in 2005, the salesman said that the rear entrance to the neighborhood was only a temporary construction entrance and wold not be permanent. The roads were not complete when we signed our contract, so it was hard to tell. Of course the entrance is in fact permanent and we live on it. The traffic is heavy and dangerous for our children. Several other neighbors had the same information given to them. o we have a case against the builder?


Asked on 6/07/07, 6:47 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Real Estate Misrepresentation

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.

Maybe yes or maybe no as it depends. When it comes to real estate, all agreements and understandings must be in writing. A developer of a planned unit development (PUD) is required to give you all pertinent documents at the time of the execution of the Contract. It was your obligation to read those documents which would set forth all pertinent information regarding your development including roads and entrances.

If something was told to you but not put into your contract or the documents given to you at time of the execution. You need to review your pertinent documents and see what was actually disclosed to you. If you are unsure, then you need to consult an attorney who can review this information and advise you of your legal rights.

Scott R. Jay, Esq.

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Answered on 6/07/07, 11:29 am


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