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Failure to Disclose

Tampa Failure to Disclose Attorneys 

Representation for Home Buyers in Hillsborough, Pinellas, Pasco & Sarasota Counties

Buying a home is one of the most significant investments you’ll make, both financially and emotionally. But what happens when that dream is shattered by hidden defects?

Uncovering hidden issues with your home after buying it can be a nightmare — and sadly, it's a reality for many. Up to 60 percent of sellers admit to concealing known property defects during the sales process, underscoring how frequently buyers are left in the dark.

In Florida’s booming real estate market, the risks for undisclosed issues can be even greater. Local factors such as frequent flooding and skyrocketing demand for housing increase the chances of hidden defects going unnoticed by buyers. Laws like the requirement for sellers and agents to disclose flood risks, which went into effect in October 2024, add another layer of responsibility for buyers to navigate.

If you've discovered that critical information was withheld during a property transaction, don’t wait to seek legal guidance. Our Tampa failure to disclose lawyers can help you address the situation, resolve disputes, and protect your property rights.

At Burnett Law, we advocate for home buyers who have been wronged by deceptive practices. Call (813) 491-8272 or contact us online for a free consultation.

Seller’s Disclosure Obligation for Property Defects Under Florida Laws 

When it comes to real estate transactions, sellers are required by Florida law to disclose known material defects. But what counts as a “material defect,” and how are sellers held liable? 

Florida’s Disclosure Standards 

Under the precedent set by Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), Florida law requires sellers to disclose property defects that are not obvious to buyers if they materially affect the value of the property. This landmark case solidified that sellers bear a duty of full disclosure, ensuring that buyers go into their purchase with the information they need. 

Key details sellers must disclose include, but are not limited to: 

  • Structural defects (e.g., foundation cracks, roof damage) 
  • Plumbing issues 
  • Mold, termites, or wood rot 
  • Environmental hazards (e.g., contamination, asbestos) 
  • Flood damage or high flood risk 

Are Brokers & Agents Liable? 

Brokers and agents have a professional responsibility to disclose material facts they know about a property. If they fail to supply this information, they could also face liability alongside the seller. For instance, if an agent knowingly omits information about prior water damage or permits for renovations, they can be held accountable for misrepresentation. 

Visit our page on Realtor Fraud to learn more.

What About Unknown Defects? 

One of the most pressing questions buyers have is whether sellers are responsible for defects they were unaware of. Florida law only holds sellers accountable for issues they knew about but did not disclose. For this reason, proving "knowledge" is crucial in non-disclosure cases.

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What Sets Us Apart

  • Experienced Attorneys Dedicated to Your Success
    We guide clients through the complexities of their legal challenges, offering direct communication and hands-on support every step of the way.
  • Free Consultations
    We offer free consultations to evaluate your case, answer your questions, and help you understand your legal options.
  • Proven Trial Success
    We’re not afraid to take your case to court and have a strong track record of achieving favorable verdicts and settlements.
  • Personalized Service and Genuine Care
    We believe in doing the best job possible for every client, taking a meticulous and client-focused approach to uncover every advantage for your case.

Our Clients Come First

Real Stories, Real Results

At Burnett Law, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    “Burnett Law is truly the best!”
    “Mr. Josh Burnett is an amazing attorney who cares about his clients and getting them the justice they deserve.”
    Jennifer Z.

Buyer’s Duty: Is It My Responsibility to Investigate? 

The short answer is yes, but with limitations. While sellers are obligated to disclose known defects, buyers are also expected to perform reasonable due diligence. This includes having the property inspected by a professional and reviewing all disclosures provided. 
That said, as established in the Florida Supreme Court case Gilchrist Timber Co. v. ITT Rayonier, Inc., 696 So. 2d 334 (Fla. 1997), buyers are not expected to investigate every possible detail. They only need to look for information that a reasonable person would see as necessary in the situation.

For example, if a seller discloses “roof issues,” the buyer may need to hire a specialist to determine the extent of the problem. But if nothing about the roof is mentioned, the buyer is not expected to uncover omitted damage through guesswork.

Discovering House Defects and Damages After the Sale 

If you discover significant defects after closing on your home, there are legal avenues available.

  • Canceling the Purchase Agreement. If fraud can be proven, buyers may have grounds to rescind the transaction. 
  • Filing a Lawsuit for Financial Damages. Buyers can pursue compensation for repair costs, diminished property value, and other related expenses. 
  • Seeking Mediation or Arbitration. Some disputes can be resolved without stepping into court, saving time and costs for both parties involved. 

Our attorneys will help you determine the appropriate course of action based on the specifics of your case. 

Why Choose Burnett Law?

Attorneys Fighting for Home Buyers in the Greater Tampa-Fort Lauderdale Region 

We understand the sense of betrayal that comes with discovering hidden problems in what should have been your dream home. Our goal is to provide not just legal solutions but also peace of mind. 

  • Free Consultation. We offer a no-cost consultation to discuss the details of your case, answer your questions, and map out potential legal strategies. 
  • Proven Trial Success. We’re fully prepared to take your case to court. Our track record demonstrates our commitment to achieving favorable verdicts and settlements for our clients. 
  • Dedicated, Personalized Service. Every client matters to us. We provide direct communication, hands-on support, and tailored strategies to meet your unique challenges. 

Take the first step toward recovering your investment and holding dishonest sellers responsible. Contact us at (813) 491-8272 or reach out online for a free consultation.

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Our Location
777 S. Harbour Island Blvd, Suite 240
Tampa, FL 33602
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Call Us Today! 813-491-8272