How To Prove A Florida Breach of Duty to Disclose – Residential Claim
In Florida, a claim of Breach of Duty to Disclose – Residential is defined as:
A breach of duty to disclose occurs when a seller of property does not disclose facts he or she knows about the property to the buyer.
It simply means:
A seller of a house does not tell the buyer the things that are known to be wrong with the house.
There are 3 elements of the claim:
- Element 1. There was a condition in the property that materially and adversely affected the value of the property. A serious problem with the property, like hidden water damage or structural issues, significantly lowered its value, which the seller failed to reveal, leading to a legal claim for not disclosing important information during the sale.
Facts that might support this element look like:
* The property had significant water damage that was not disclosed, leading to mold growth and health hazards.
* The foundation of the home showed visible cracks, indicating structural issues that would require costly repairs.
* The roof was found to have multiple leaks, which could result in extensive damage to the interior and decreased property value.
* There were unresolved zoning violations that limited the use of the property, negatively impacting its marketability.
* The presence of hazardous materials, such as asbestos, was discovered during an inspection, posing safety risks and reducing the property’s appeal. - Element 2. The condition was not readily observable and not otherwise known to the plaintiff. This means that the problem with the property was hidden and not something the buyer could easily see or discover on their own, and the seller did not inform the buyer about it, which could be a reason for a legal claim.
Facts that might support this element look like:
* The plaintiff conducted a visual inspection of the property but did not notice any signs of water damage or mold.
* The seller had recently painted over the affected areas, concealing any visible evidence of the underlying issue.
* The plaintiff was not informed of any prior repairs or issues related to the condition by the seller or their agent.
* The condition was located in a hard-to-reach area, making it difficult for the plaintiff to discover during a standard walkthrough.
* The seller had no prior knowledge of the condition, as it developed after their ownership began. - Element 3. The defendant knew of the condition and did not disclose it to the plaintiff. The defendant was aware of a problem with the property but chose not to tell the buyer, which means they failed to fulfill their responsibility to share important information that could affect the buyer’s decision.
Facts that might support this element look like:
* The defendant had previously experienced similar issues with the property and discussed them with neighbors.
* The defendant received multiple repair estimates for the condition but chose not to share this information with the plaintiff.
* The defendant was aware of complaints from previous tenants regarding the same condition but failed to disclose this history.
* The defendant conducted inspections that revealed the condition but did not inform the plaintiff of the findings.
* The defendant had documented communications with contractors about the condition but withheld this documentation from the plaintiff.
(See Johnson v. Davis, 480 So. 2d 625, 629 (FL Supreme Court 1985). Pressman v. Wolf, 732 So. 2d 356 – Fla: Dist. Court of Appeals, 3rd Dist. 1999.)
If you’re in court without a lawyer and plan to assert a claim of Breach of Duty to Disclose – Residential, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively navigate your legal journey.
Prove Your FL Breach of Duty to Disclose – Residential Claim
U.S. Civil Cases Only