Legal Question in Real Estate Law in Florida

I am business owner in central Florida, I do home renovations. I recently was called out to complete a job in a community with an HOA. While completing that job, I discovered several major code violations in the home that were hidden within the walls. Very serious violations, the kind that could get someone killed. The homeowner and I tried to pin down who was responsible, the builder, developer, inspector, but of course everyone passes the blame, and since the community is around five years old, I'm not sure it is legally feasible to track down and prosecute the responsible parties.

Anyway, the home owner's insurance agreed to pay for fixing the violations. My question is this: since all the houses in this neighborhood were built by the same developer, it stands to reason that there are more houses with these same violations. As a business owner, I see an opportunity, but I am not sure how to go about this. What I would like to do is post flyers on the doors of the homes in the neighborhood, informing residents of the hazard, and offer a free inspection.

Is this legal, since I am not selling anything, just offering a free service? Would I have to inform/get permission from the HOA?


Asked on 8/15/10, 2:31 pm

1 Answer from Attorneys

Philip Duvalsaint Philip A. Duvalsaint, PLLC

You probably do. You should consult with an attorney on your options.

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Answered on 8/22/10, 6:33 pm


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