Legal Question in Real Estate Law in Florida

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?

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

2 Answers from Attorneys

David Slater David P. Slater, Esq.

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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Answered on 6/11/13, 3:56 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

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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Answered on 6/11/13, 8:25 pm

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