Legal Question in Real Estate Law in Florida

Re: Seller disclosure of code violation

It appears the seller has already disclosed the problem with the fence. The seller is not obligated to cure that issue before closing, unless the seller is required to do so under your written contract for sale and purchase of the real property. If the issue is not resolved prior to closing, the buyer will take title to the property, subject to all the ramifications associated with not having the required fence (probably with a self-closing door) around the pool. Try to have the seller install the fence prior to closing, even if you must pay for it.

If you cannot obtain homeowner's insurance, the lender will not fund the loan and, consequently, you will not be able to close. If you advise the seller of your predicament, perhaps the seller will agree to install the fence and pay for such installation. Seek the advice of counsel and good luck.

Re: Seller disclosure of code violation

Just an additional thought to the prior reply. If the violation results in funding being denied, and the contract is subject to funding, you maybe able to get out of the deal with your money being returned. The seller will face the problem again and again. A negotiated resolution should be possible.