Legal Question in Real Estate Law in Florida
Termites and Condos
I recently purchased a condo conversion in St. Petersburg, Fla.
Upon moving in and starting some home improvements I have found I am invested with termites. I have contacted the developer who sent me to the HOA who says that they have tested the termites and are deciding between the developer and termite company the best way to handle the problem ..there is only myself and 1 other unit sold in our building. According to Florida Statute 718.616 this building should have been inspected and treated prior to our closing and moving in. What if any is my recourse to the builder and how do I pursue this with the State of Florida. I know none of these units have been inspected and I do believe someone should be held responsible and accountable for the fact that I cannot put dishes or food in my kitchen and cannot live normally until these are treated and someone here is passing the buck and we cannot get answers as to what they will do...if they intend to inspect the structure..walls etc for damage or when this will be taken care of...It has been 3 weeks with no concrete answers...what can I do and who can I go to to get help.
I cannot afford an attorney..is there an office at the State of Florida that I can call for help
Thank you
1 Answer from Attorneys
Re: Termites and Condos
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Since you own your property, you probably will not qualify for legal aid or some other free legal service. There is no state agency that will act as your attorney and sue the parties you named. You may wish to speak to the local governmental officials and see if this violates any health or building codes which they might enforce.
If not, you are left with filing a civil action. You may be surprised to find that an attorney would consider this case on a contingency basis, however. If so, the fee would be taken from whatever monies they can get from the other party(ies). I would speak with commerical litigators who might give this some thought.
Scott R. Jay, Esq.
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