What Are The Obligations Of A Florida Seller?
When discussing real estate transactions, many people tend to focus solely on the buyer. In reality, both parties to a contract have differing rights and responsibilities, and without both of them doing their due diligence, a contract of sale is likely to fall through. A seller has the ability to make a buyer’s new home a difficult place to live if they do not obey the state’s disclosure requirements.
Must Disclose Known Defects
Unlike many other U.S. states, Florida does not require specific disclosure forms that a seller must complete before a sale, though they can be advantageous to have. Rather, it relies on a patchwork of rules and court decisions, with the most far-reaching being Johnson v. Davis (1985). In Johnson, the Florida Supreme Court held that a seller is required to disclose all material defects that they are aware of, but are not “readily observable to buyers.” Failure to do so runs the risk of invalidating a contract of sale.
While Johnson did not go into detail about what exactly constitutes a defect “not readily observable to buyers,” later case decisions have clarified at least some examples. They include:
- Environmental hazards, such as the presence of radon gas or lead paint;
- Legal issues, such as title defects or property disputes;
- Structural issues, such as a leaking roof or cracked foundation;
- Infestations of bugs or rodents; and
- Any work done or additions put onto the home without the proper permits and/or code compliance.
Any of these issues, plus several others, must be disclosed to a prospective buyer before a sale can be concluded.
Know Your Disclosures
While a seller is required to disclose many potential problems with a property before they may legally sell it, there are certain things a seller is not required to disclose, most often to avoid potential societal stigma. For example, Florida law explicitly states that a seller is not required to inform a buyer that a homicide, suicide, or other type of death has occurred on the property. Such a thing being public knowledge may result in the seller being unable to dispose of the property through no fault of their own.
It is important to keep in mind, as a seller, that one has no duty to disclose defects of which they were not aware. However, it is possible for a court to determine that the seller should have known – in other words, to argue that the seller was not sufficiently dedicated in having the information required of them. Engaging the right attorney can help to show a court that you, as a seller, are serious about seeing the contract of sale through to its conclusion.
Contact A Tampa Real Estate Attorney
A contract to sell a residential property is a collaborative effort between the buyer and the seller (and their legal representation). A Tampa real estate attorney from the Seward Law Office can help ensure that all obligations are met, and that the real estate transaction is concluded to everyone’s satisfaction. Contact our office today at 813-252-6789 to schedule a consultation.
Source:
law.justia.com/cases/florida/supreme-court/1985/65330-0.html
