Legal Question in Real Estate Law in Florida

Civil Fraud

we purchased a home for $1.5mil, 9 months later we discovered that the house sat 6' into the set back, and that also there was a special assessment for dredging the waterway at the rear of the property, the disclosures in the contract said no to every question, we later discovered that the seller, realtor, title agent were aware of the problems, by way of letters from county, it also turned out that the title agent was the sellers personal attorney, is this civil fraud? Do we have a case? I am trying to sue, but need a good attorney, the seller said that because I held a real estate license, but have not practiced for 3 years that I can't sue him. We are from the UK and don't know the laws here.

Asked on 2/15/08, 10:22 am

2 Answers from Attorneys

Michael Stewart Michael D. Stewart
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Re: Civil Fraud

It sounds like you have a case and can sue.

Very truly yours,

Michael D. Stewart, Esq.

Law Offices of Michael D. Stewart

The Courvoisier Centre

501 Brickell Key Drive, Suite 102

Miami, Florida 33131

michael@michaelstewartlaw.com

Website: www.michaelstewartlaw.com

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2/15/08, 10:31 am
Robert Roemer Robert Brian Roemer LLC
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0 attorneys agreed

Re: Civil Fraud

From the facts provided, it sounds like you have a good claim against the parties who had actual notice of the hidden problems. In Florida there is case law that creates liability for sellers and those who knew undisclosed defects that are not obvious.

To further evaluate the matter and possible claims, I would need to see coordinate a telephonic consultation to determine how you might proceed to protect your rights in this matter. If you wish any further assistance, please e-mail me your phone number so I can schedule a conference to discuss in more detail(appropriate time given time difference).

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2/15/08, 11:40 am

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