Q: We purchased a home 24 years ago in West Boca Raton FL with no sinkhole disclosure. There is a pool and deck which was added 4 yrs after home was built(1980). It appears that they may have had sinkhole repair done prior to our purchasing. Now it appears that there may be sinkhole activity damages occurring. Do we have any leg to stand on with insurance regarding this since it was never disclosed when we purchased the home? Do we have capability to sue the original owners for non disclosure?
?Anonymous, Boca Raton, FL
A: Dear Sinkhole Homeowner,
This is a difficult question, mostly because 24 years have gone by with no problem, which may indicate that the repairs were done in a workmanlike manner (since they held up for 24 years). I absolutely advise you to contact your insurance company to discuss whether or not they will cover the damage and necessary repairs.
Does your state REQUIRE a special sinkhole disclosure?
My first thought is to contact the agent who represented you when you bought the house. I realize it?s a long shot since it?s been 24 years, but it?s worth looking him or her up on Florida?s department of real estate website to see if the person is still an active agent and if so, you will see how to reach him/her. The broker (firm) of your agent may be a good resource for you too. Most companies carry Errors & Omissions Insurance to cover mistakes made by real estate agents.
I don?t know if there is a statute of limitations in Florida for a matter like you described. Furthermore, did the sellers or the real estate agents involved when you purchased your home KNOW about the previous sink hole repair?
Real estate disclosure laws vary significantly from state to state. I?m a California Realtor and do not have a license in Florida, so I?m not familiar with the laws. But I do know that some states are default ?as-is? states meaning that if something is open and discoverable by a reasonable inspection, then the burden was on you to have a geology report.
I was recently involved in real estate litigation in Ohio where the buyer purchased a home in 2007 and a year later the home started suffering significant settling, cracking, and slippage. The burden was on the buyer to PROVE that the sellers INTENTIONALLY hid the defects by making cosmetic repairs that would make them undetectable. In our case, the buyer did prove that the sellers and their agent committed fraud and negligently hid known defects. The jury ruled in favor of the buyer in 2012 for $200,000 in damages plus $125,000 in attorney fees.
Unfortunately, it took lots of time and a fantastic attorney to get the matter resolved. It may be worth it to you to pay a couple hundred dollars to meet with an attorney who SPECIALIZES in real estate construction defects to see what your rights are.
Another resource may be the local Florida Association of Realtors. You may want to call them and ask them if your agent was a Realtor and if so, how can you file a complaint and what do they suggest you do.
I hope this information is helpful.
DeniseTheRealtor
Denise Shur is a Realtor? with 1:1 Realty in San Jose, CA.
A: In all honesty this is a ?legal? and ?insurance? question, best answered by one of the two, not a Realtor.
Lana Lavenbarg is a Realtor? with RE/MAX Ideal Brokers, Inc. in Grants Pass, OR.
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