Can You Make a Claim for Defects Discovered After Closing?

There are few things more frustrating than moving into your new house and then discovering defects you felt you should have caught before closing, or that the previous owner or builder should have disclosed to you.

Under Florida law, a seller must disclose any defects in the home to the buyer prior to close. However, a seller is only required to disclose defects they know about, or should have reasonably known existed.

Of course, not every home is perfect and you can expect to find some cosmetic issues after move-in. However, there are some common problems Florida homebuyers have discovered after closing that could be considered major issues, including:

• Non-permitted additions or conversions
• Drywall problems (Chinese drywall, etc.)
• Foundation cracks
• Electrical wiring not up to code
• Damage from prior water leaks
• Mold

As a Florida homebuyer, you are typically protected by the standard contract documents that are used by real estate agents and attorneys, and that have been vetted by the Florida Bar Association. Buyers have the right to inspect a home for a certain period of time prior to closing. If problems are discovered, the buyer can then negotiate a satisfactory resolution with the seller.

However, if a significant problem is discovered after closing and the seller is not interested in finding a resolution, there are legal remedies for buyers. You can file a legal claim against the seller for both property claims and personal injury damages if you or a member of your family was harmed by the defect.

If this has happened to you, you will want to consult with a Florida real estate attorney, who can advise you on whether or not you have a valid claim against the seller, builder, real estate agent, inspector or other parties.