Home Buying in 33629>Question Details

Ellisa, Home Buyer in 33629

What recourse do I have if the seller disclosed a leak and claimed it was fixed, but it was not?

Asked by Ellisa, 33629 Fri Aug 14, 2009

I purchased a house a week ago. The house has been empty for close to a year. The sellers disclosure said there had been a leak in the finished basement early in the spring (the leak came from outside due to an unusually high amount of rain), but that it had been fixed. Yesterday, I went in and began tearing out carpet and paneling, because although it said the leak had been fixed, there was a little visible water damage that had not been repaired (and I really wanted to change what was there anyway). Upon pulling up the carpet and the bit of paneling that showed water damage, I found that there was mold (lots and lots - black and white), the wood had rotted, much was still wet (even a wall that did not show any visible damage), one row of foundation blocks has moved over 1/4 inch and it is clear that nothing was done to fix the leak.

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Answers

3
See a Real Estate Attorney.

Florida has strong court cases (Johnson v. Davis and Raynor v. Wise Realty) that address Latent Defects and a Seller's obligation to disclose them. A Lawyer can advise you on what if any recourse you may have.

May I suggest that you cease any further repairs, carpet removal, renovations, etc. until you see the Lawyer.

Also, take some digital photos now while it is wet and moldy. Show the Photos to your Attorney.

Best wishes,
Fred
2 votes Thank Flag Link Fri Aug 14, 2009
excuse me Ellisa, while I greet a fellow Trulian:

Hi, Dunes

Nice to see you this afternoon!

Best wishes and TYVM

Fred
0 votes Thank Flag Link Fri Aug 14, 2009
Ellisa,

Fred has given some good advice in my opinion and I wish you the best in resolving your problem.

Fred with the newest changes at Trulia the Thumbs up doesn't seem to have much value but you deserve one and I'm considering creating a few new profiles to give you a couple extra. ; ).

Thanks for your contributions.

That Dunes guy......
0 votes Thank Flag Link Fri Aug 14, 2009
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