Legal Question in Real Estate Law in Florida

I sold a home a year ago, can the person who I sold the home to sue me a year later for a new roof? He states we did not disclose roof leaks and that is not true. His inspector never reported any problems with the roof. What do I do now?


Asked on 2/11/12, 4:10 pm

1 Answer from Attorneys
Richard Kaplan

If you knew or reasonably should have known, and didn't disclose it, they can sue for rescission. Florida is a minority state that holds that that failure to disclose is a fraudulent misrepresentation.

The classic example is that you purposely attempted to repair something not to fix it, but just to cover it up.

However, rescission is presently the only remedy, not damages for repair, and if there was no way you knew about it or could have known about it you should OK. But you may have to go through some grief about it.

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Answered on 2/11/12, 4:18 pm


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