Tampa Failure to Disclose Property Issue Lawyer

As a Buyer of Real Estate in Florida, you are entitled to have all material facts not observable by you that may impact value disclosed. As a buyer's attorney, I strive to ensure my clients understand every aspect of their purchase. From explaining title insurance to reviewing surveys, my buyer representation is aimed at putting them at ease. Purchasing real estate, whether commercial or residential, is one of the biggest investments a buyer can enter into. Protecting that investment is the key to a solid foundation going forward. The proper information could lessen risk or simply help you feel at ease during the transaction. You can do everything right in purchasing your home - ordering inspections, confirming surveys, doing your walk-through inspections- but if the seller isn’t telling you all of the facts, you can be buying into a nightmare. In one study, up to 60% of home sellers admit to concealing property defects from people that are buying their home.

The Seller’s Disclosures are key to A Failure to Disclose case.

This is the starting document. The seller disclosures are a standard form used in residential real estate transactions in Florida. This is typically prepared by the Seller when the property is first listed; however, it may change over time. Again, the Seller has a continuing duty to disclose facts that they know but are not readily observable by you that may impact the value of the home.

If you rely on a representation from them that the property has had no water intrusion issues, but find out later that a prior flood causes a significant mold issue, this can be a clear instance where the seller failed to disclose an issue. Another could be improper additions or changes to the home’s structure for which no permits were pulled. Generally, the seller’s disclosures will have a box to check about work at the home being “up to code” or that the necessary permits were pulled. These can also form the basis of a failure-to-disclose lawsuit.

This focuses on the knowledge of the seller

That is the one aspect of this case that you have to put proof on for - the fact that the seller knew. This is easier said than done sometimes. If the seller lived in the proeprty for the last decade and there was a recent flood, this may be easier to prove then say a room addition that was done by a contractor improperly. An experienced real estate attorney will know what to look for in helping you build your case. 

When does a failure to disclose become Real Estate Fraud?

In a failure to disclose case, you may have a variety of damages you can recover, including actual damages and potentially attorney’s fees.  These increase if the lack of disclosure is more egregious. The damages can get even higher if you can establish real estate fraud - an intentional misrepresentation of something that the seller knew about. In this instance, its possible even the selling agent and his or her brokerage were in on it as well. 

At Dunivan Law, PA, we focus on representing clients who have been harmed by a seller’s failure to disclose or outright real estate fraud. We do this throughout the Tampa Bay Area - Hillsborough, Pasco, and Pinellas counties. If you have been harmed by seller’s fraud in a real estate transaction, or you weren’t told about issues you think they should have known about - let’s talk.