Legal Question in Real Estate Law in Florida
Surprise after closing
I bought a single family home in a gated community in April 97, in which my wife was the real estate buying agent . At the time of the walk-through before closing, my backyard faced to the main street leading to the entrance gate, with the gate house located in front of my neighbor's backyard. Two days after closing, they demolished the gate house and built up a much bigger one just in front of my backyard. From then on I started to suffer all related noises derived from the security people's conversations with visitors that stop by the gatehouse for identification, vistors'cars stereos,etc.,besides the lack of privacy as I see their faces from my swimming pool. The most important thing is that all this affected the value of my property. I didn't do anything till now but fighting with the gate people.
Is there something I can do now? What are the community association and real estate listing agent responsabilities?
Thanks in advance.
2 Answers from Attorneys
Re: Surprise after closing
Attorney Reder's reply is accurate. I would add that since your wife was a co-broker on the purchase, she may also have failed to do the necessary homework which may have revealed the problem. Therefore if suit were brought your wife could be not only the Plaintiff, but a defendant as well. My phone # is 305-940-8080
Alexander M. Rosenfeld
Rosenfeld & Stein, P.A.
18260 NE 19 Ave
Re: Surprise after closing
I don't believe the association has any responsibility.
However, the seller and his agent could possibly be
liable if you could convince the court that they
knew or should have known about the new gate going in
and that the installation of the new gate is a naterial
defect substantially impairing the value of the property.
Unfortunately, it is the type of case that could cost
you more to pursue than you would get back. Suggest you consult
with an attornety in your area.
Randall Reder
Randall O. Reder, P.A.
1319 W. Fletcher Ave.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
