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  #1  
Old 02-05-2005, 04:05 PM
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Join Date: Feb 2005
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Adjacent property problems not disclosed


What is the name of your state? FL

On the sellers disclosure statement the question:

"Are you aware of any past or present settling, soil movement, or sink hole problems on the property or on adjacent properties?" The checked the box marked NO.

After we closed and moved in, we talked to the neighbors next door to us and was shocked to find out that the house directly across the street from us had issues with a large void or sink hole and had MAJOR repairs done which took a 4 weeks to complete. The work was clearly visible to everyone in the neighborhood, especially the sellers of this house that we bought.

My question is: Is the house across the street considered as being "adjacent"? And if it is what is our course of legel action?
  #2  
Old 02-05-2005, 04:21 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by msmartha
What is the name of your state? FL

On the sellers disclosure statement the question:

"Are you aware of any past or present settling, soil movement, or sink hole problems on the property or on adjacent properties?" The checked the box marked NO.

After we closed and moved in, we talked to the neighbors next door to us and was shocked to find out that the house directly across the street from us had issues with a large void or sink hole and had MAJOR repairs done which took a 4 weeks to complete. The work was clearly visible to everyone in the neighborhood, especially the sellers of this house that we bought.

My question is: Is the house across the street considered as being "adjacent"? And if it is what is our course of legel action?
**A: what is the common definition of the word?
  #3  
Old 02-05-2005, 04:37 PM
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You replied: **A: what is the common definition of the word?

This is EXACTLY what I am trying to find out !!
According to a common Dictionary the word "adjacent" means one thing but according to different State Property Laws (I found while surfing the Web) "adjacent" has various interpretations and meanings. Unfortunately it is the weekend and Florida Law Offices are closed. Perhaps on Monday, when I call a few, I can get the correct answer. According to our Realtor and his Manager they think "adjacent properties" includes "across the street" and the information on the Seller's signed disclosure given to us is fraudulant.
  #4  
Old 02-05-2005, 04:41 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by msmartha
You replied: **A: what is the common definition of the word?

This is EXACTLY what I am trying to find out !!
According to a common Dictionary the word "adjacent" means one thing but according to different State Property Laws (I found while surfing the Web) "adjacent" has various interpretations and meanings. Unfortunately it is the weekend and Florida Law Offices are closed. Perhaps on Monday, when I call a few, I can get the correct answer. According to our Realtor and his Manager they think "adjacent properties" includes "across the street" and the information on the Seller's signed disclosure given to us is fraudulant.

**A: I agree with your Realtor and his/her manager. Statutory and case law also support this same position.
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