Pensacola, FL asked in Real Estate Law for Florida

Q: What type of legal counsel do I need for undisclosed issues and multiple things missed by home inspectors in a home?

Rotten support beam in roof, rusted in half drainpipe drywalled over, toilets installed incorrectly, large rotten area on wall under kitchen sink (water damage), things that were required to be fixed during first inspection that were not fixed and then ignored or just not inspected again even though another inspection was paid for, spray foam as only floor support under dishwasher, hard start mechanism on HVAC unit (went out within 3 days of closing), house sold while title was in probate. Etc etc.

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2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: An attorney who does real estate litigation should be able to help you.

Jane Kim agrees with this answer

Jane Kim
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Answered
  • Naples, FL
  • Licensed in Florida

A: Inspection agreements usually have disclaimers that they are not responsible for anything. However, these disclaimers do not hold up in court and there are other causes of action you can assert without suing them under the agreement.

Some known home defects or issues must be disclosed by the Seller, some may be visible with a naked eye, some an inspection should have discovered, and some is just tough luck. You'd need a lawyer to review each issue to determine if there is liability and by whom.

Good luck.

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