laniganpl.com/2014/07/18/inclu... (Winter Park FL) real estate attorney Eric Lanigan who has practiced Florida real estate law since 1976, talks about what sellers must include in the Florida real estate sellers disclosure form.
Many sellers fee that it's unfair to be responsible for problems in a home that they sell or property that they sell which they were completely unaware of.
Is a seller required to disclosed with what they actually know or are you charged with knowledge of what you reasonably should have known?
Actual knowledge of a defect is actually required. The leading case in Florida is a case called Jensen vs. Bailey and in this case renovations on a house were done by a contractor and they were not done to code. The buyer ended up suing the seller when they found out several different rooms had been renovated and there were several building code violations and the repairs were going to be extensive.
And although the seller claimed to have had no actual knowledge, the trial court held that they either should have known of these defects or that they had constructive knowledge of the defects. Now constructive knowledge in the law is where the law charges you with knowing something even though you don't actually know it.
Real estate law is confusing and complex. You may spend more by being sued, than if you disclose a problem or repair it from the start before selling a property.
Find out what to do in your particular situation by speaking with an experienced real estate attorney.
Eric Lanigan of Lanigan and Lanigan is located in (Winter Park Florida)
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