QUESTION
Johnson v Davis Law - non-disclosed real estate defects
Asked on May 13th, 2025 on Real Estate - Florida
More details to this question:
Purchased a condo in Naples Florida in 09/24. Less than 24 hours after closing, HOA notified us that we have a balcony water leak that leaks into the garage that needs repaired. The leak was never disclosed prior to this notification. The HOA & prior owner(s) had communication about the leak. It was obviously a pre-existing leak based on the eroded epoxy paint and concrete damage on the garage floor & ceiling. Neighbors have also stated the elak has been going on for years. We had a contractor on site that made the same statements about it being on-going for years. After months of going back & forth, HOA replaced two balcony floor drains and a hand railing which were all suspected of being the leak source, the leak remains. We are now being told by the HOA that its our responsibility to make the repairs at our cost. Estimated cost exceeds $225K. Are we protected by the Johnson v Davis Law?
1 ANSWER
OK, so if a seller fails to disclose a material defect that he knows or should know about the home and the buyer is not expected to know of this defect upon a reasonable inspection, then the buyer can sue the seller for the damages that were caused by the material omission. Additionally, you could also sue the sellers broker if the sellers broker knew or should've known of the condition, but failed to report it to you. Finally, you may also be able to sue the home inspector that you hired prior to closing. You should consult with an attorney here in the state of Florida About possible representation. Keep in mind that there is a statute of limitations that you need to comply with or else you will be forever barred from seeking and relief in court
Answered on Aug 08th, 2025 at 11:01 AM