Location: Florida
Submitted 08/11/11 08:23 AM

Q. on august 17,2010 i bought an apartment/townhouse and now i having problem with water coming into my bedroom. i think the owner/realtor knew about it because the home inspector wrote a note in his report stated that there is a stain in the corner of the wall that is compatible with water intrussion, but the seller/realtor told him the problem was fixed. whos responsible?

 

Answer #1
Submitted 05/23/12 07:11 PM
Kevin B Tolbert PA GRI CDPE CIPS RSPS Port Saint Lucie Short Sales Specialist (Keller Williams Realty of Port Saint Lucie): Agent in Saint Lucie West, FL Kevin B Tolbert PA GRI CDPE CIPS RSPS Port Saint Lucie Short Sales Specialist (Keller Williams Realty of Port Saint Lucie)
Agent
Saint Lucie West, FL

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A.

Unfortunately, this is why you paid for and received a home inspection report.  If you didn't like or understand something in the report it was in your contract that you had the right to walk at that point.  Not a year later. 

The home inspection report was the required disclosure and if you still purchased the home after receiving the report, then you have now accepted responsibility. 

A realtor is not a certified home inspector and this is why we always recommend you get an independent home inspection.  A realtor cannot disclose what they suspect but only what they know.  This would be misrepresentation.  And under a recent FL Supreme Court Appeal Case from the 4th district Court of Appeals in 2007, the court ruled that a Realtor only has the responsibility to disclose what they know as FACTS within the 4 points of the survey of the property in which they are selling.

This was a landmark case M/I Schottenstein Homes, Inc. v. Azam, 813 So. 2d 91 (Fla. 2002).where a homebuyer sued because the realtor failed to disclose a prison being built close to the neighborhood and the court ruled that the realtor has no responsibility to disclose anything outside the 4 points boundary of the property.
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