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Residential Real Estate Non-Disclosure

Residential real estate non-disclosure cases in Florida refer to instances where a property seller fails to disclose known defects or issues with a property to a buyer. Such cases can result in legal action being taken against the seller, and their real estate agent(s), for any damages or losses incurred by the buyer as a result of the non-disclosure.

Prominent Cases of Residential Real Estate Non-Disclosure

One prominent case in Florida involving residential real estate non-disclosure is the case of Johnson v Davis. In this case, the sellers failed to disclose known defects in the roof of the property to the buyers. The buyers discovered the defects after they had already purchased the property and subsequently filed a lawsuit against the sellers for non-disclosure. The court found in favor of the buyers, stating that the sellers had a duty to disclose known defects in the property and that their failure to do so constituted a breach of that duty.

Another example is a case where the sellers failed to disclose known structural issues with the property to the buyers. The buyers discovered the issues after they had already purchased the property and filed a lawsuit against the sellers for non-disclosure. The court found in favor of the buyers, stating that the sellers had a duty to disclose known defects in the property and that their failure to do so constituted a breach of that duty.

Claims for Real Estate Non-Disclosure

However, in order for a buyer to claim for non-disclosure, the defect need to be material and affect the value of the property and should have been known to the seller. For example, courts have held that a seller was not liable for non-disclosure of a defect in the property’s foundation when the seller had no knowledge of the defect, and it was not material enough to affect the value of the property.

It is important to note that Florida law requires sellers to disclose known defects in a property to potential buyers. This also applied to real estate agents. Florida Statute §475.278(1) states that a real estate agent must disclose any known defects in the property that may materially affect the value of the property or that the seller has knowledge of, and the buyer does not know. This duty is extremely helpful in non-disclosure cases in Florida because real estate agents typically have insurance to cover this type of claim.

Non-disclosure cases in Florida can result in legal action being taken for any damages or losses incurred by the buyer as a result of the non-disclosure. However, it is important to note that in order for a buyer to claim for non-disclosure, the defect need to be material, it must affect the value of the property and it must be known by the seller.

Contact Us for Nondisclosure Claims

While note every defect related to the sale of a property is actionable, the Seller can take active steps to conceal materials defects “affecting the value of the property which are not readily observable and are not known to the buyer.” If you believe you are the victim of fraudulent nondisclosure or fraudulent concealment claim, please contact us for a free consultation.

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