statutory limitations on non-disclosure of extreme water damage

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statutory limitations on non-disclosure of extreme water damage

Purchased house 4/06. Were informed that there had been some water damage that affected garage. Recently found out that the entire first floor of the home was flooded. Do we have any recourse for non-disclosure at time of sale.

Asked on May 16, 2009 under Real Estate Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Not sure on this one.  You were notified of some water damage - didn't that spark your curiosity? Did you get a full inspection prior to purchase? If not, the burden is on you.  If you did, and there is no damage (i.e., damage fixed/repaired/replaced so no longer will be an issue), you are out of luck.

However, if there is now extensive damage to the first floor and it is not fixed and you still had an inspection and the damage was so hidden, no one would know but the owners who experienced it, then perhaps.  Question: was it material to the sale of this property? In other words, would you have purchased it anyway and would the price have been lower?

Where was the disclosure made? Verbally or in seller disclosures? Did the realtors or brokers for either side know?

 

Consult with your real estate attorney.  Try www.attorneypages.com.


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