Legal Question in Real Estate Law in Florida

I closed on a home in FL last Friday and discovered a couple days later that the heater for the spa/pool is broken and needs significant repairs or possible replacement, which is a big expense. This was not disclosed to us before closing, although the sellers may not have been aware of it. A home inspection was ordered by our RE agent (a big real estate company in this area) but I later learned that a pool inspection is separate from the home inspection and has to be ordered separately and never was. I have never owned a pool and didnt know this. Shouldn't my RE agent have ordered this for me? Isn't that part of her responsibility? I have owned 4 other homes in CT and have always had a closing attorney and was told that FL does not require a closing attorney so I didnt have one as I was trusting in the guidance of my realtor. Had we done a pool inspection, we may have been able to get the sellers to pay for the repairs or worked something else out before closing. Was the realtor negligent and, if so, do we have a case?

Asked on 10/26/13, 6:00 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary
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The paperwork with the both the seller and the realtor controls. Have it reviewed by an attorney. You should have had an attorney assist with closing and this issue would have been caught before closing. There are no specific duties that the realtor has to you to get a pool inspection, so no clear cut legal right of action against the realtor unless your paperwork creates such a duty.

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Answered on 10/26/13, 9:49 am


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