[RPPTL LandTen] Real Estate Question
Group:
If a house is sold "as is" are known defects or violations of a HOA required to be disclosed before closing?
Any case law would be helpful.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL 32771
Leonard, Sellers of residential property have a duty to disclose any facts known to them that materially affect the value of the property if those facts are not readily observable by buyer. I do not have any cases offhand other than Johnson v Davis and its progeny, while noting that the FlaBar As IS Residential Contract, contains the "Johnson V. Davis Warranties" as to disclosures of non readily observable defects. For your convenience I scanned a copy of pages 40-42 and 37 of The Florida Bar's FasTrain, Purchase and Sale of Residential Property, 5th edition, 2008, which contains numerous cites and a good discussion. While zoning and building codes are mentioned as examples of material facts in the cases cited attached, in this publication HOA violations not specifically but...
Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
Suite 1510
1555 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
(561) 684-8399 (ph)
(561) 471-8055 (fax)
jtaplin@taplinlaw.netmailto:jtaplin@taplinlaw.net
This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the listed email address. Thank you.
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Monday, February 02, 2015 6:09 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Real Estate Question
Group:
If a house is sold "as is" are known defects or violations of a HOA required to be disclosed before closing?
Any case law would be helpful.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL 32771
You are a blessing, Thanks.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jay Taplin
Sent: Monday, February 02, 2015 7:00 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Real Estate Question
Leonard, Sellers of residential property have a duty to disclose any facts known to them that materially affect the value of the property if those facts are not readily observable by buyer. I do not have any cases offhand other than Johnson v Davis and its progeny, while noting that the FlaBar As IS Residential Contract, contains the "Johnson V. Davis Warranties" as to disclosures of non readily observable defects. For your convenience I scanned a copy of pages 40-42 and 37 of The Florida Bar's FasTrain, Purchase and Sale of Residential Property, 5th edition, 2008, which contains numerous cites and a good discussion. While zoning and building codes are mentioned as examples of material facts in the cases cited attached, in this publication HOA violations not specifically but...
Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
Suite 1510
1555 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
(561) 684-8399 (ph)
(561) 471-8055 (fax)
jtaplin@taplinlaw.netmailto:jtaplin@taplinlaw.net
This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the listed email address. Thank you.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Monday, February 02, 2015 6:09 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Real Estate Question
Group:
If a house is sold "as is" are known defects or violations of a HOA required to be disclosed before closing?
Any case law would be helpful.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL 32771
My pleasure.
Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
1555 Palm Beach Lakes Boulevard
Suite 1510
West Palm Beach, Florida 33401
(561) 684-8399 (ph)
(561) 471-8055 (fax)
jtaplin@taplinlaw.netmailto:jtaplin@taplinlaw.net
On Feb 2, 2015, at 10:33 PM, "Leonard Cabral" <leonardcabral@lenslaw.commailto:leonardcabral@lenslaw.com> wrote:
You are a blessing, Thanks.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Jay Taplin
Sent: Monday, February 02, 2015 7:00 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Real Estate Question
Leonard, Sellers of residential property have a duty to disclose any facts known to them that materially affect the value of the property if those facts are not readily observable by buyer. I do not have any cases offhand other than Johnson v Davis and its progeny, while noting that the FlaBar As IS Residential Contract, contains the “Johnson V. Davis Warranties” as to disclosures of non readily observable defects. For your convenience I scanned a copy of pages 40-42 and 37 of The Florida Bar’s FasTrain, Purchase and Sale of Residential Property, 5th edition, 2008, which contains numerous cites and a good discussion. While zoning and building codes are mentioned as examples of material facts in the cases cited attached, in this publication HOA violations not specifically but…
Jay A. Taplin
Florida Bar Board Certified Real Estate Law
Taplin & Associates
Suite 1510
1555 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
(561) 684-8399 (ph)
(561) 471-8055 (fax)
jtaplin@taplinlaw.netmailto:jtaplin@taplinlaw.net
This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from dislosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the listed email address. Thank you.
From: landten-bounces@lists.flabarrpptl.orgmailto:landten-bounces@lists.flabarrpptl.org [mailto:landten-bounces@lists.flabarrpptl.org] On Behalf Of Leonard Cabral
Sent: Monday, February 02, 2015 6:09 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Real Estate Question
Group:
If a house is sold “as is” are known defects or violations of a HOA required to be disclosed before closing?
Any case law would be helpful.
Leonard P. Cabral, Esq.
Leonardcabral@lenslaw.commailto:Leonardcabral@lenslaw.com
212 N. Park Ave. Ste. 14
Sanford, FL 32771
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