[RPPTL LandTen] Real Estate Question

[Leonard Cabral]

You are a blessing, Thanks.
Leonard P. Cabral, Esq.
Leonardcabral at lenslaw.com



From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at 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 at taplinlaw.net<mailto:jtaplin at taplinlaw.net>

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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at 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 at lenslaw.com<mailto:Leonardcabral at lenslaw.com>
212 N. Park Ave. Ste. 14
Sanford, FL  32771



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