The Seller Never Told Me About Problems With the Property: Can I Sue?

The “failure to disclose” is a common issue for buyers of real estate in Florida. If the person who sold you a property never told you about serious problems, you might regret your purchase. But can this really lead to a lawsuit? You should know that Florida has strict laws about these violations, and you may be able to hold the seller accountable for failing to disclose issues. Can a New Port Richey real estate lawyer help?

What Is a Failure to Disclose in Florida Real Estate? 

When you purchase a property, the seller must make disclosures about their knowledge of that property. They must fill out these disclosure statements honestly and accurately. If they lie or omit certain facts, they could face serious consequences.

Disclosure statements should include any potential issues with the property. These might include mold, pests, problems with the foundation, environmental hazards, soil toxins, and many others. Specific disclosures may depend on the nature or type of property. For example, you might want to determine whether a property near a bog or marsh is sinking due to the surrounding area.

Examples of Failure to Disclose 

You might experience this type of misconduct in various ways. One situation might involve the discovery of a rat or insect infestation in your home. You might also discover several leaks throughout the property that the seller never told you about. While these issues can be expensive to fix, they are arguably less serious than a structural issue with the home.

Structural issues may be unresolvable, and the only real solution might be to demolish the entire property and build a new one. This obviously makes the real estate investment much more costly, and sometimes this just isn’t possible for new homebuyers.

Roof defects are particularly common in Florida, where adverse weather often causes the gradual degradation of roofs. While inspections can determine the overall quality and lifespan of roofs, things sometimes slip under the radar.

What Is the Legal Concept of “Caveat Emptor” in Real Estate? 

“Caveat emptor” is Latin for “buyer beware.” This legal concept states that if you purchase something, you are responsible for your own due diligence. You must take reasonable steps to determine the quality of the property you wish to buy. If you do not take these steps, legal action may be difficult if you later discover a serious issue with the property.

This is a common defense strategy for sellers facing such lawsuits. However, you should not give up as soon as you hear this phrase. Speak with a lawyer, and you may discover that legal action is still possible.

Find a New Port Richey Failure to Disclose Lawyer 

If you have been affected by the failure to disclose, don’t hesitate to contact a Pasco County real estate lawyer. Although online research is a positive first step, it’s difficult to determine your next steps without taking your unique circumstances into account. You can discuss your situation in more detail with Athanaselos & Associates, P.A., so schedule your first consultation today.

Sources: 

nvestopedia.com/terms/c/caveatemptor.asp

myrasm.com/blog/2024/04/17/elevate-magazine/residential-disclosure-requirements-under-florida-law/