03/04/2021
181 Atlantis blvd in common areas has rotted trusses , mold , multiple roof damage, termite damage and Late occupant Rod Regan was diagnosed and infected with human immunodeficiency virus after prolonged living in mold infected residence after HOA refused to fix roof. ongoing law suit
All of which need to be disclosed by a seller seams certain people are tring to hide this which is against Florida Law
Florida Statute 689.25 states:
(1)(a) The fact that an occupant of real property is infected or has been infected with human immunodeficiency virus or diagnosed with acquired immune deficiency syndrome is not a material fact that must be disclosed in a real estate transaction.
(b) The fact that a property was, or was at any time suspected to have been, the site of a homicide, su***de, or death is not a material fact that must be disclosed in a real estate transaction.
(2) A cause of action shall not arise against an owner of real property, his or her agent, an agent of a transferee of real property, or a person licensed under chapter 475 for the failure to disclose to the transferee that the property was or was suspected to have been the site of a homicide, su***de, or death or that an occupant of that property was infected with human immunodeficiency virus or diagnosed with acquired immune deficiency syndrome.
As explained by the Florida Supreme Court in Johnson v. Davis:
One should not be able to stand behind the impervious shield of caveat emptor and take advantage of another’s ignorance. Our courts have taken great strides since the days when the judicial emphasis was on rigid rules and ancient precedents. Modern concepts of justice and fair dealing have given our courts the opportunity and latitude to change legal precepts in order to conform to society’s needs. Thus, the tendency of the more recent cases has been to restrict rather than extend the doctrine of caveat emptor. The law appears to be working toward the ultimate conclusion that full disclosure of all material facts must be made whenever elementary fair conduct demands it.
Bottom line, in Florida, sellers of residential real estate have a duty to disclose most material information about the condition of the property (past and present) as well as repairs that have been done and repairs that need to be done (including things like termite damage, mold, Chinese drywall, leaky roofs, plumbing and electrical issues, structural damage, code violations, illegal additions, etc.). (Commercial real estate buyers traditionally do not get the same level of protection under Florida law. See the application of “caveat emptor” in Solorzano v. First Union Mortg. Corp.).
