Legal Question in Real Estate Law in Florida

Seller and Agent did not disclose easements
I recently purchased a new home in a new subdivision. The sales agent working for the developer showed me a corner lot and she highlighted that this lot was one of the best ones in the area, but I had to pay an extra $6,000 for it. After the house was built and I did the closing I went to the local county office to get a permit to build a wood fence when they told me that I have an easement on the property. The developer nor the closing agent never disclosed that I have an easement on the property, they said that I was getting a clean title with no easements and no encrochments or any clouds on it, so based on those facts I purchased and closed on the property, now I am afraid to built the wood fence or do any other improvents because I am afraid of braking the power and phone lines underground. What should I do? I feel I should get at least those $6,000 back since they never disclose that information. Aren't they in violation of the florida status about seller disclosing latent defects or facts that directly affect the value of the real property. Please, advise.

Asked on 10/25/03, 12:52 pm

David Slater David P. Slater, Esq.

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Re: Seller and Agent did not disclose easements

If they knew of the easement, they are. Your title insurance policy should have picked this up.

Answered on 10/25/03, 3:22 pm

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