Tampa Real Estate Fraud Attorneys
Defending Home Buyers Against Fraud in Hillsborough, Pinellas, Pasco & Sarasota Counties
You found a home. It has everything you want. It’s the right size and square footage. It has the right number of bedrooms and bathrooms. It has the right size yard and is in the right neighborhood and school district. It’s just right — or so you think.
Everything looks good on paper and in person. You have seen and read the written Seller’s Property Disclosure regarding the home. The sellers didn’t disclose any noteworthy problems or issues. All looks good — or so you think.
All you see prior to moving in has been the anticipated bliss of home ownership. What about what you don’t know? What about what you can’t see?
Did the sellers tell you everything they know about the house? Did they tell you about the hidden damage and defects? What’s hidden behind the walls or beneath the house? Did they cover up anything? Is that fresh coat of paint hiding odors or stains? What’s under that new carpet or flooring?
Has your dream home turned into a nightmare? At Burnett Law, our goal is to protect your rights and demand accountability. Call us at (813) 491-8272 or reach out online to schedule a free consultation.
Innocent Misrepresentation vs. Affirmative Misrepresentation Regarding Property Conditions/History
Understanding the distinction between innocent misrepresentation and affirmative misrepresentation is vital when addressing real estate disputes. For buyers aiming to recover damages, this nuance can influence negotiation strategies and the outcome of legal disputes.
- Innocent misrepresentation: Occurs when a seller provides false information about a property without knowing it is untrue. For instance, a seller might state that a home’s plumbing is in good condition based on a prior inspection, even though the plumbing has since deteriorated. While this misrepresentation can harm buyers, it stems from a lack of knowledge rather than intent.
- Affirmative misrepresentation: Involves intentional deceit. This happens when a seller knowingly provides false information or conceals material facts about a property’s condition or history. For example, a seller painting over mold to hide its presence or lying about past foundation repairs. This type of misrepresentation is deliberate and driven by money and greed.
Both types of misrepresentation can lead to serious consequences for sellers, but the available remedies differ. Affirmative misrepresentation typically incurs more severe penalties due to its intentional nature, while innocent misrepresentation may still result in liability but without the implication of malice.
Fraud Fallout: What Sellers Risk & Defrauded Buyers Can Gain
Potential Impact for Sellers
When it comes to information that might materially affect the value of a home for sale, full disclosure is the correct disclosure. The law mandates that sellers disclose all issues that could materially impact the home's value. Choosing to conceal such problems is not just morally wrong but legally actionable.
Under Chapter 475 Section 25 of the Florida Statutes, the Florida Real Estate Commission can take disciplinary action against any real estate licensee guilty of fraud or misrepresentation. Penalties include probation, suspension of up to 10 years, revocation of a license, or administrative fines that may reach up to $5,000 per offense.
Sellers who commit real estate fraud can face criminal repercussions in addition to administrative penalties. Chapter 817 Section 535 of the Florida Statutes specifies that filing false documents with intent to defraud is a felony. A first offense constitutes a third-degree felony, while subsequent violations elevate to a second-degree felony. Depending on the severity of the fraud, those convicted may face imprisonment, fines, or both.
Potential Impact on Buyers
For home buyers who have been defrauded, Florida statutes enable buyers to seek actual damages, which cover direct financial losses caused by the fraud, such as repair costs for unreported structural issues or diminished property value. Punitive damages may also be awarded when the court determines that the seller acted with deliberate intent to deceive. Furthermore, buyers can recover legal fees and court costs associated with their lawsuits.
These statutes serve as a reminder to Tampa homeowners to act when navigating suspicions of dishonest practices. Buyers suffering from seller fraud have legal avenues to pursue justice and financial restitution. Whether through civil suits or criminal charges, the law stands to protect buyers and correct deception in property transactions.
Were you misled during your home purchase? Fight back now. Give us a call at (813) 491-8272 or contact us online for a free consultation.
What Sets Us Apart
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Experienced Attorneys Dedicated to Your SuccessWe guide clients through the complexities of their legal challenges, offering direct communication and hands-on support every step of the way.
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Free ConsultationsWe offer free consultations to evaluate your case, answer your questions, and help you understand your legal options.
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Proven Trial SuccessWe’re not afraid to take your case to court and have a strong track record of achieving favorable verdicts and settlements.
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Personalized Service and Genuine CareWe 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.
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“Mr. Josh Burnett is an amazing attorney who cares about his clients and getting them the justice they deserve.”Jennifer Z.
Seller’s Disclosure Laws in Tampa, FL
The Florida Supreme Court established a clear standard regarding home seller disclosure obligations in Johnson v. Davis, 480 So. 2d 625, 629 (Fla. 1985). The court ruled that if a seller knows of any facts that materially affect the value of a property—facts that are not apparent or known to the buyer—the seller has a legal duty to disclose them. This applies to all types of real estate, whether new or previously owned.
This precedent is often reflected in Seller’s Property Disclosure forms, which explicitly reference Johnson v. Davis. Here is an example of guidance that can appear on a form:
Notice to Seller: Florida law [citing Johnson v. Davis] requires a seller of a home to disclose to the buyer all known facts that materially affect the value of the property being sold and that are not readily observable or known by the buyer. This disclosure form is designed to help you comply with the law. However, this disclosure form may not address every significant issue unique to the Property. You should think about what you would want to know if you were buying the Property today; and if you need more space for additional information, comments or explanations, check the Paragraph 10 checkbox and attach an addendum.
Despite the clarity of such notices and their intent to guide sellers in complying with Florida disclosure laws, many sellers still fail to disclose significant problems with their properties. Instead, they sell these homes to unsuspecting buyers, leaving new homeowners to deal with costly repairs and emotional distress.
Some sellers attempt to avoid accountability by claiming innocence or blaming buyers. They argue that buyers had the chance to inspect the property and that it is their fault if they did not uncover hidden problems. However, sellers are liable for intentionally or negligently failing to disclose known problems that could affect a home’s value.
What “As-Is” Really Means in Real Estate Deals
An “as-is” contract is a type of real estate sales agreement in which the seller offers the property in its current condition, with no obligation to make repairs or improvements.
While this might seem straightforward, it doesn’t mean the seller can hide defects or withhold crucial information about the property. A common misconception among sellers is that “as-is” contracts shield them from disclosure obligations.
However, this is not the case. Even when a home sale contract includes an "as-is" clause, sellers are still bound by the legal duty outlined in Johnson v. Davis. The Florida courts have reaffirmed this principle in cases such as Syvrud v. Today Real Estate, Inc., 858 So. 2d 1125, 1130 (Fla. 2d DCA 2003), which stated that an "as-is" clause in a residential real estate contract does not waive this duty.
Take the first step towards holding fraudulent sellers accountable and seeking the relief you need. Call us at (813) 491-8272 or contact us online for a free consultation.
