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Failure to Disclose Defects

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When you are in the process of buying a home, the last thing you want is to be met with unexpected “surprises” about the condition of your house. In Florida, a seller is obligated to disclose known defects that materially affect the value of residential property that are not readily observable by a potential buyer. Although sellers in Florida are bound by the law to disclose known defects, they often neglect to do so. If you feel that the seller of your home violated the duty to disclose known defects, you may be able to take legal action.

What happens if a seller doesn’t properly disclose?

If a buyer discovers defects that the seller has failed to disclose prior to the closing, the buyer may be able to renegotiate the contract terms to obtain a lower purchase price or to require the seller to make repairs to the undisclosed defects. However, if the undisclosed defects are not discovered until after closing the sale, it is likely that the buyer will need to sue the seller for the cost of the repairs or diminution in the value of the property caused by the defect.

Take Action with a Sarasota Real Estate Litigation Lawyer

In Florida, each case is very specific to the underlying facts. If you feel that you have been the victim of a seller’s failure to disclose known defects, you should to call us today to schedule a consultation to evaluate the circumstances of your case.

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  1. Sheryl A. Edwards is a Board Certified Specialist in Real Estate Law
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