Legal Question in Real Estate Law in Florida
when selling property are you required to disclose a chimney leak that was repaired 2 years earlier with no reoccurance? The property was sold 3 (2006)years ago and they are coming back now and trying to get payment for a new chimney.(2009)
1 Answer from Attorneys
you were required to disclose latent defects, or those defects which you had knowledge of but which would not be readily observable to a person with reasonable effort. If there were no further problems and you believed the matter to be resolved, it probably would not have been a defect that you were required to disclose. However, what you need to be concerned about is what you put on the property disclosure statement - you should review that to see if your statements were accurate concerning the repairs that were made. If you accurately reported the matter, you should not have any problems.