Lizard King
Junior Member
What is the name of your state (only U.S. law)? Florida
Does a Florida Realtor have a duty to disclose to a potential Lessee that the Lessor is 3.5 years behind in their property taxes? The listing agent was the transaction broker for both the Lessee and Lessor, and the listing agent for the Lessor's property.
When a potential Lessee makes an offer on a property, does the Realtor (he's a Transaction Broker for both sides) have a duty (Florida) to disclose to the potential Lessee that the Lessor is 3.5 years behind in their property taxes? In Florida, a tax deed sale can occur after two years of non-payment of taxes, and these people were 3.5 behind in taxes which guaranteed that the property would be sold at a tax deed sale if past taxes weren't paid very soon.
For example, if a Broker sells a home in FL, he is obligated to disclose to the seller if there are liens on the property, regardless of what the owner tells him. He has a duty to find out that information as it pertains to the property. **According to FS 475.278, a licensee has a duty to disclose any known fact that materially affects the value of a property.** (Which extends beyond physical defects to liens, special assessments, judgments, code violations, etc). However, the Statute doesn't differentiate between sales and leases. Isn't there a value to a lease?
There's such a thing in the law as a "duty" to know or should have known. Depending on the Statute, a defendant can't claim ignorance if he had a duty to know and/or disclose. Problem is finding the definition as it pertains to FL Statutes.
I rented a condo and six months into my lease, it was sold (without my knowledge) at a tax deed sale, and the owners kept my security deposit and pre-paid rents. I'm trying to recover my monies and I feel that the Realtor had an obligation to disclose material facts that affected the value of my lease. I would have never entered into a lease if I knew that they were 3.5 years behind in property taxes.
Thank you in advance.
Does a Florida Realtor have a duty to disclose to a potential Lessee that the Lessor is 3.5 years behind in their property taxes? The listing agent was the transaction broker for both the Lessee and Lessor, and the listing agent for the Lessor's property.
When a potential Lessee makes an offer on a property, does the Realtor (he's a Transaction Broker for both sides) have a duty (Florida) to disclose to the potential Lessee that the Lessor is 3.5 years behind in their property taxes? In Florida, a tax deed sale can occur after two years of non-payment of taxes, and these people were 3.5 behind in taxes which guaranteed that the property would be sold at a tax deed sale if past taxes weren't paid very soon.
For example, if a Broker sells a home in FL, he is obligated to disclose to the seller if there are liens on the property, regardless of what the owner tells him. He has a duty to find out that information as it pertains to the property. **According to FS 475.278, a licensee has a duty to disclose any known fact that materially affects the value of a property.** (Which extends beyond physical defects to liens, special assessments, judgments, code violations, etc). However, the Statute doesn't differentiate between sales and leases. Isn't there a value to a lease?
There's such a thing in the law as a "duty" to know or should have known. Depending on the Statute, a defendant can't claim ignorance if he had a duty to know and/or disclose. Problem is finding the definition as it pertains to FL Statutes.
I rented a condo and six months into my lease, it was sold (without my knowledge) at a tax deed sale, and the owners kept my security deposit and pre-paid rents. I'm trying to recover my monies and I feel that the Realtor had an obligation to disclose material facts that affected the value of my lease. I would have never entered into a lease if I knew that they were 3.5 years behind in property taxes.
Thank you in advance.
