Sebastian, FL asked in Real Estate Law for Florida

Q: If MLS says hurricane shutters, but home inspection discovered only partially covered

On MLS listing appears "hurricane shutters", on Zillow even says "full hurricane shutters". Now , after home inspection, found out that not all house has shutters, hence no homeowner insurance discount. That is putting me at plus $500.00 per year more to pay?.

Can I ask to renegotiate the price? Or can I back up from the deal?

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1 Lawyer Answer
Richard Paul Zaretsky
Richard Paul Zaretsky
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: Good question and a simple answer.

If (big IF) you are still in your inspection period, then you can reject the contract by terminating it using the procedure in the property inspection clause. Be aware you must timely and completely follow the termination language in that paragraph.

If you are not still in the cancellation clause time limit, you can attempt to reject the contract based on misrepresentation. The problem is you discovered the misrepresentation and could have cancelled then - but delayed. This delay could be deemed a waiver of your right to protest the partial shutter coverage even though there was a misrepresentation.

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