Southgate, MI asked in Real Estate Law for Florida

Q: Purchased a condo in Pinellas Park, the brokers listing lied about hurricane windows. do i have a case?

listing " All windows has been upgrade to double panel, insulated and hurricane proof vinyl windows." After the purchase I researched the windows and they are indeed not what is listed. Talked to the original installer. thanks Frank

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James L. Arrasmith
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A: In Florida, if you purchased a condo based on a broker's listing that claimed the windows were upgraded to hurricane-proof, and later discovered this to be untrue, you might have grounds for legal action. The key issue here is whether the broker's representation about the windows was a material misrepresentation, meaning it significantly affected your decision to purchase the condo.

The first step is to gather evidence supporting your claim. This includes the original listing statement, any communications you had with the broker or seller about the windows, and information from the original installer confirming that the windows do not meet the described standards.

With this evidence, you may consider a claim for misrepresentation against the broker and possibly the seller. Misrepresentation in real estate transactions can be a basis for legal action if it can be proven that the false information was provided and relied upon in making the purchase decision.

Before proceeding with a lawsuit, it's advisable to seek legal counsel. An attorney can evaluate the strength of your case, advise you on the likelihood of success, and guide you through the legal process. They can also help negotiate a settlement outside of court, which can be a quicker and less costly resolution.

It's important to act promptly, as there are time limits (statutes of limitations) for filing such claims. Delays in taking action can negatively impact your ability to seek remedies.

In summary, you may have a case for misrepresentation, but success depends on the specific facts of your situation and the evidence available. Professional legal advice will be crucial in determining the best course of action.

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