Florida  |  Real Estate Law

Legal Question

Asked on: 6/11/13, 12:08 pm

Just bought a home in St. Johns County. Inspection was done and passed with flying colors. Now have a big leak in the house. Roofer says it's because the chimney is in need of replacing. It's stucco, says the cracks are all around it causing the leak, not flashing around chimney. Stucco specialists says it was never repaired correctly, lots of patches and the entire chimney needs to be replaced now. Inspection report says chimney is fine with no leaks. Do I have any recourse towards the inspector? Or the Realtor that chose him?

2 Answers


Answered on: 6/11/13, 3:56 pm by David Slater

You fail to indicate whose realtor you are referring to. Did the seller know of the leak? If so, it should have been disclosed.


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David P. Slater, Esq. 5154 Windsor Parke Dr. Boca Raton, FL 33496

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Answered on: 6/11/13, 8:25 pm by Barry Stein

Your inspection company likely has a contract with you and that limits their responsibility. Have it reviewed. The realtor who chose the inspection company? I don't see a viable claim for their choosing a company who maybe missed the chimney assuming that was even within the scope of the review.


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De Cardenas, Freixas, Stein & Zachary 25 SE 2nd Avenue Suite 425 Miami, FL 33131

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