Legal Question in Real Estate Law in Florida

Seller disclosure who didn't live in home
Seller, a relocation company in the NE, claims they did not live in home so they do not have to answer discl. form ?'s. They merely signed and initialed the form. Seller (a relocation corp.) ordered inspections 4/08/03 prior to puchasing home from corporate client employee and have had work done by the listing real estate agent's husband who is a contractor. The real estate agent claims no inspections were performed by relo company or their agent. I have proof they were done. Must I accept this signed and initialed form which gives no info whatsoever. Or can I insist on disclosure of the questions that they have knowledge of as of result of performed inspections?
06/01/03

Asked on 6/01/03, 5:08 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

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Re: Seller disclosure who didn't live in home

From the limited information provided and without knowing further specifics, I believe that you have the right to a complete disclosure and alternatively, a copy of the inspection report. Florida's caselaw requires the Seller to disclose any known defects which are not readily observable pursuant to Johnson v. Davis.

The Realtor has further obligations to disclose any known problems and is playing with fire by not providing requested information.

The purchase of a home or other real property is a major investment. I strongly suggest you consult with an attorney of your choosing to review the specifics of your case.

Scott R. Jay, Esq., 305-249-8000

Answered on 6/01/03, 5:23 pm

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