disclosure and other fl questions

[roscarol30]

What is the name of your state (only U.S. law)? FLA

I have reason to believe my seller did not "disclose" some problems to me on the Fl Disclosure form. What is the statue of limitations on this? I purchsed the house in May 2009.

What is the difference between the real estate disclosure statement and the "AS IS buyer seller contract". Does one override the other?

No, I did not get a home inspection done prior to purchase of home...STUPID First time homebuyer msitake. How does this affect the disclosure statement?What is the name of your state (only U.S. law)?

 

[fmccarthy]

Hate to say it but you need a real estate attorney.

In FL there are certain "warrantable" items in a standard real estate contract which MUST be addressed. These would be major structural and system (heat/air) items, usually near the bottom of the first page. It depends how those were filled out. The as-is portion near the end addresses the usual junk such as poor windows, etc. which makes them your responsibility.

Disclosures address those items of a material nature which would have affected your decision to buy had they been known. Since you don't say, it sounds like some physical issues with the house. A major area of contention sometimes comes out of "surroundings" issues which people can get away with not disclosing because they are matters of public record and you "could have known".

You need an attorney to look at the original contract as well as the disclosure statement to see what action is possible. As usual, as they say "The devil is in the details."

 

[nextwife]

Certain properties are generally sold as-is for good reason: the party selling has no personal knowledge of condition. The buyer is free to get an inspection report, and the property is often discounted due to the fact that there are unknowns being accepted. Examples would be estate sales and foreclosure sales. I have bought both types myself and always presume there will be some unknowns that I will face. These are sold as is BECAUSE the party selling has never lived in the house.

What was the nature of the purchase? Was it sold "as-is" because the party who was selling had no personal knowledge of condition? Such as a guardianship, in which the owner might be in a nursing home, a probate sale, in which the owner was deceased, or a foreclosure, in which the lender had taken back the property by foreclosure?