Legal Question in Real Estate Law in Florida

Re: Liability of buying home

Assuming that you do not have a home warranty, the sellor(s) maybe liable if they knew, or should have known of the problems. Is there any indication that the sellor(s) covered up the problems?

Seeking redress against the home inspector is probably not going to be a wining proposition. Most home inspection contracts specifically preclude such liability. You might have a chance if the home inspector was in cahoots with the seller and/or realtor.

You should never use a home inspection service recommended by the seller and/or realtor. Think about it, they have no interest in recommending an

inspection service that would do a thorough job. This is analogous to using a mechanic recommended by a used car lot to inspect one of their cars that you are considering purchasing. Hopefully you can see the logic in this argument. If not, you should promptly and permanently hand over your wallet to your wife.

You should schedule a formal consultation with a lawyer. A good means of obtaining an attorney referral is by contacting your State's bar association, or your local county bar association. They probably have a web-site and

charge a nominal fee for the referral. Most attorneys either provide a free initial consultation, or charge a nominal fee.

Good Luck.-Elliot Goldstein

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts. Do not rely on this

information. Seek a formal consultation with an attorney.

Re: Liability of buying home

You failed to detail what the problem was. If a problem was known to the Seller and he/she failed to disclose this to you, then there may be liability under the case of Johnson v. Davis which changed the status of the law in Florida from "let the Buyer beware" to a requirement to disclose all known defects or defects which should have been known to the Seller.

If the inspector knew of the problem but failed to disclose the same, there may also be liability on his/her part. Even the inspector may have been paid by the Seller (which is NEVER a good idea), there is a duty to honestly report the condition of the property and may even be a warranty or implied warranty.

I heartfully suggest that you take the time to discuss this matter with a competent real estate attorney who can review all of the pertinent facts and give you the proper advice. Time is of the essence so do not delay in pursuing your options.

Scott R. Jay, Esq., 305-249-8000