Legal Question in Real Estate Law in Florida
I am a realtor who represents the owner and rented out his condo which the owner did disclose to me that it would be going into foreclosure.
Another realtor found the tenants and they moved into the property with only First month and Last month deposit as he explained the Security deposit would not be necessary as the owner would eventually go into foreclosure but there lease would not be threatened.
The realtor had the tenants sign a TRANSACTION BROKER NOTICE and added to the bottom:
ABC Realty and it's associates will not be held responsible for any legal issues that arise in the future, in regards to the Landlord, Tenant or Rental Property.
Which the tenants initialed and signed.
Well 4 months later the notice came to the tenant that the property is going into foreclosure, but there lease would not be threatened.
Now this tenant is claiming that noboby told her.. And she wants to sue the realtors. What are my legal rights as the realtor, it was diclosed verbally (yeah I know this means nothing) and the above transaction was signed and initialed.
Do I have a leg to stand on?
1 Answer from Attorneys
The question might come down to -How was this tenant damaged by the foeclosure? What are the terms of the lease?Did you have a duty to inform the tenant about this or did you learn it later?I would suggest you e-mail me your phone # to discuss further.