QUESTION

Bought a home in Florida

Asked on Dec 06th, 2023 on Real Estate - Florida
More details to this question:
Bought a home in FL. My family was getting sick and found out there was mold. It's $20k in replacement of ducts, unit, etc. it will be 90 days since purchased of the preowned house. Who's responsible for these coats? The realtor has gone MIA once she found out it was mold. How did the house inspector not find this? Claims he has limited liability and refunded the inspection amount. How did this house even get through underwriting?! What can I do?
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1 ANSWER

The legal standard is that the seller knew or should have known of the defects and he/she didn't tell you about it. The defects must be latent; in other words, not visible to the common eye. I am afraid what the inspector said is correct. They normally have a very tight contract with limited liability. It got through underwriting 'cause it passed the inspection. File a complaint against the realtor at myfloridalicense.com The real estate commission is who regulates realtors. Obvioulsy, the realtor must have done something wrong. So far you have not said so. Proving it was a latent defect and that the seller knew or should have known can be more than $20K if the other side fights it. Even if he does not fight it, you have no guarantee you'll ever see the money. With due respect, you will have to eat this expense. Get a loan from the equity on the home. Still go ahead and complain against the realtor anyhow if he/she did something wrong. You would probably get attorney's fees from the other side if you win the case but you will have to pay your lawyer in advance. Once he wins the case, then he can go after the attorney's fees. By the way, you may not be able to get attorney's fees for litigating the issue of attorney's fees. Even if you win the attorney's fees on top of the damage caused to you by the defective house there is no guarantee that you will ever see any money. Now, do you see all the minefields you are facing? 
Answered on Dec 13th, 2023 at 7:23 AM

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