Florida Seller Disclosure Violations: What Buyers Can Do When a Seller Is Less Than Honest

Buying a home in South Florida is a major investment, and you have the right to expect the seller to be truthful about problems that could affect the property’s value or use. When they’re not, it can cost you significant time and money.

In most cases, residential sellers in Florida have a legal duty to disclose known facts that materially impact the property’s value and are not readily observable to the buyer. This means you can hold them liable if they knew about an issue and were less than honest about it. Our experienced Boca Raton real estate litigation lawyer explains common types of seller disclosure violations and how to protect your rights in a claim.

Common Types of Florida Seller Disclosure Violations

Florida does not require residential property sellers to disclose every single defect about a property. However, in the landmark 1985 case of Johnson v. Davis, the Florida Supreme Court ruled that disclosure is required when a defect impacts the property’s value and could not reasonably be detected by the seller. Common examples may include:

• Roof problems, such as leaks or other significant damage;
• Water intrusion, including recurring leaks, flooding, and moisture problems;
• Serious foundation or structural problems;
• Plumbing or electrical problems;
• Past damage due to storms, fires, or other events.

When a seller fails to disclose these or other serious defects, the buyer has the right to hold them liable.

What Can Boca Raton Property Buyers Do After Discovering a Hidden Defect?

Discovering a major problem after closing is among the worst nightmares for property owners. When it’s something the seller should have disclosed, you can hold them accountable.

Sellers can be held liable for fraudulent concealment if they knowingly hid a major defect, negligent misrepresentation if they gave false or incomplete information, and breach of contract. To protect your rights in a claim, take these steps:

• Take photos and videos documenting the condition.
• Keep the seller’s disclosures, inspection report, purchase agreement, emails, texts, and other transaction records.
• Get a professional evaluation to document the defect’s nature and cost.
• Keep any previous communications, repair invoices, contractor records, or other documents, which can help establish what the seller knew.

Compensation in a South Florida seller disclosure violation claim may include coverage of all repairs or the costs to cancel the contract, as well as your legal fees.

Seller Disclosure Problems? Contact Our Experienced Boca Raton Real Estate Lawyer

Finding a serious defect after buying a South Florida home is one thing. Suspecting the seller knew about it in advance and failed to disclose it is another. At Neuman Law, P.A., our experienced Boca Raton real estate litigation lawyer provides the trusted legal guidance needed in these cases.

We can review the circumstances surrounding your purchase, assess the available evidence, and explain your legal options. Our office serves clients in Boca Raton, Palm Beach County, Martin County, Broward County, Miami-Dade County, Monroe County, and Hillsborough County. Request a consultation today.

Sources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0475/Sections/0475.278.html

casebriefs.com/blog/law/property/property-law-keyed-to-dukeminier/the-land-transaction/johnson-v-davis/