Home & Property Purchases

Real Estate Closing Lawyer in Tampa

When Problems Surface After a Tampa Home Purchase

Hidden defects, inaccurate disclosures, and unresolved ownership concerns can turn a completed home purchase into a serious legal dispute. At Burnett Law, we represent Tampa homebuyers confronting real estate fraud and disagreements involving property ownership or purchase contracts.

Our real estate litigation record includes a documented $750,000 result. A real estate closing attorney in Tampa can review what was represented before closing, what the buyer later discovered, and which parties or agreements may be involved.

Call (813) 491-8272 to discuss a post-purchase property dispute and the legal options that may apply.

Hidden Defects & Broken Purchase Commitments

We represent buyers in disputes involving innocent or affirmative misrepresentation. Innocent misrepresentation generally involves a material statement made without knowing it’s false. Affirmative misrepresentation involves knowingly presenting a false statement as fact, with intent and the surrounding evidence among the issues that may affect a claim.

Conditions that may be concealed during a residential transaction include:

Water intrusion or flooding
Plumbing problems
Roofing defects
Foundation issues
Mold
Electrical issues
Fire or smoke damage
Termite damage

An ownership problem may emerge when recorded documents, prior interests, or boundary information conflict with the buyer’s understanding of the property. A contract dispute may arise when a party fails to perform an obligation in the purchase agreement. Since 1998, we have represented property owners in Tampa and the surrounding region in real estate litigation involving ownership and contracts.

Florida Seller Disclosure Duties for Residential Property

Under the Florida Supreme Court decision in Johnson v. Davis, a seller generally must disclose known facts that materially affect a residential property’s value when those facts aren’t readily observable to the buyer. Whether information was known, material, and observable depends on the evidence surrounding the transaction.

Latent & Patent Defects
A latent defect is a hidden condition that isn’t reasonably discoverable through ordinary observation. A patent defect is one that a standard inspection can discover. Inspection findings, prior repair records, photographs, and statements made during the sale may help determine which type of condition was present.

Disclosure Duties in an “As Is” Sale
An “as is” provision generally doesn’t eliminate a seller’s duty to disclose known material facts that aren’t readily observable. The provision and the complete purchase contract still require careful review because their language may affect other rights and obligations.

Licensed Real Estate Agent Disclosures
Florida Statute §475.278 requires licensed real estate agents to disclose known facts that materially affect the value of residential real property and aren’t readily observable. Under §689.25 of the Florida Statutes, however, the law doesn’t require disclosure that a property was the site of a homicide, suicide, or other death, or that a prior occupant had human immunodeficiency virus or acquired immune deficiency syndrome.

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

Documents to Organize for a Purchase Dispute

A legal evaluation begins with records showing what the parties agreed to, what information was available before closing, and when the problem became apparent. Thorough inspections, public-record review, and close scrutiny of the seller disclosure form are particularly relevant to disclosure-fraud concerns.

Buyers can preserve and organize:

The purchase contract and all amendments
Inspection reports and seller disclosure forms
Closing records and relevant public records
Photographs of the property condition
Repair estimates, invoices, and receipts
Emails, text messages, and other correspondence
A chronology showing when each defect was discovered

Keep original documents and communications rather than editing, annotating, or discarding them. No single record automatically establishes liability, but the combined materials can help an attorney assess the transaction and sequence of events.

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How We Evaluate Tampa Home Purchase Disputes

We begin by reviewing the transaction documents, property-condition information, and communications connected to the disagreement. The available options depend on the facts, parties, contract language, and applicable filing deadlines.

Our attorneys work directly with clients to explain their legal options and understand their goals. We then develop a strategy tailored to the circumstances, drawing on our experience handling complex litigation. This hands-on approach gives buyers a clear understanding of the issues that may shape their dispute.

Discuss Your Tampa Property Dispute

We offer free in-person and virtual consultations, and contingency fees are available in qualifying cases. Our contact form accepts initial information about the dispute, and we explain the applicable fee arrangement before representation begins.

Call (813) 491-8272 to speak with our real estate litigation attorneys about your next steps.

Potential Claims, Remedies & Filing Deadlines

Depending on the evidence and applicable law, a Florida purchase dispute may involve one or more of the following:

Fraud
Negligent misrepresentation
Breach of contract
The Florida Deceptive and Unfair Trade Practices Act

Whether a claim is viable depends on the statements made, the seller’s knowledge, the buyer’s reliance, contractual duties, and documented losses.

Depending on the governing claim or contract, potential remedies may include:

Repair-related damages
Other recoverable damages
Rescission of the transaction
Attorney’s fees when authorized

Rescission means unwinding a transaction and attempting to return the parties to their pre-contract positions. These remedies aren’t automatic.

Deadlines also require fact-specific analysis. Under Florida Statute §95.11(3)(j), a fraud claim based on failure to disclose generally must be filed within four years of when the buyer knew or should have known of the alleged fraud. Section 95.11(2)(b) provides a five-year limitations period for breach of a written contract. Other claims, events, and legal rules may affect which deadline applies and when it begins to run.

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777 S. Harbour Island Blvd
Suite 240
Tampa, FL 33602

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