Florida  |  Real Estate Law

Legal Question

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

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?

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