Legal Question in Real Estate Law in Florida

Property Advertised as No Wetlands

I purchased a piece of property that was advertised as high and dry with no wetlands issues. When I applied for the permits to have the property developed, the Department of Environmental Protection informed me that I have wetlands on the property. I needed to hire an environmental consultant to mark the location of the area to be impacted, and a surveyor to re-draw the impacted area. Additionally, the time delay (4 months) combined with the hurricanes caused material prices to increase.

Total costs thus far have been 1900 to the Environmental consultant, 750 to the surveyor, 1320 to the DEP, and an additional 3200 to the builder. I informed the listing agent at the time I learned of the issues, but they refuse to offer any compensation for the mis-advertising.

Do I have any legal rights or recourse (Consumer Affairs, Florida Real Estate Commission Board) against the listing/ selling real estate agent to try to recover my out-of-pocket expenses?

Thank you


Asked on 11/16/05, 11:45 am

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Property Advertised as No Wetlands

You may have claims against the seller and seller's listing broker, but based on the amount of damages described in your question, it may or may not be worth the potential downside of pursuing such claims. There is no guarantee that you will prevail or recover the fees and costs incurred on the matter. You should meet with a real estate litigation attorney who can review all of the pertinent documents and provide you with viable options so that can make an informed decision. At a minimum, it appears that you should prepare a demand letter to the seller and listing broker outlining the basis for your claims, their liability, your damages and set a deadline for a response, after which you may take additional legal action, including but not limited to, the filing of a lawsuit and the making of a complaint with the Florida Real Estate Commission (FREC). Good luck.

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Answered on 11/16/05, 12:33 pm


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