Legal Question in Real Estate Law in Florida

I purchased a home in Melbourne, FL where I was absent while Realtor representing me during the Home Inspection. The report indicated the "shower valve" was lose. When I arrived here in Florida and met with the Realtor for the 'Final Walk through inspection', there was a problem with the shower valve and face plate pulling away from the shower wall by 21/2 to 3 inches. My Realtor was there and watched me inspect the problem and then stated. " this was not on the Inspection Report". This in fact was a problem with both shower valves since the valves were not anchored or secured inside the wall. The house was re plumbed with PEX piping and was not secured in the wall. This is an expensive repair requiring PEX Plumber with special tools.

When reaching out to the Home Inspector after my return in moving in, he stated all I had to do is to insert a plate inside the wall preventing the valve from pulling away from the wall.

Please tell me, are both Home Inspector and Realtor responsible for repairs?


Asked on 8/01/21, 10:55 am

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

That cannot be answered without more information. Time to hire an attorney if the cost of repair is significant. You will need the contract with the Home Inspector and any written agreement with the realtor on what was to be done at the Home Inspection. I am confused though. If you had a final walk through and saw the problems, why did you not make sure they were taken care of at closing? Closing despite what you knew about the problems may create a waiver by you. Your contract for purchase needs to be reviewed as well. You really needed an attorney for the closing. You definitely need one now.

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Answered on 8/01/21, 11:16 am

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