Quote:
Originally Posted by SEMLOR
Strange. I thought in Florida they are required to disclose such things. In fact, the house I lived in, when we tried to sell it I mentioned someone's death to the real estate agent, and he said he will have to disclose to a buyer. But ONLY if the buyer asks  |
To be honest, sometimes the agents just don't know. I know there is one real estate instructer here in my town who teaches that disclosure is mandatory in Idaho, which is absolutely false. We have reported it several times to the real estate commission, to have him correct the class. They agree he is teaching it wrong, but haven't made him change it. He's been teaching it wrong for years.
So if you asked agents in my town whether it was a required disclosure, I bet 90% of them would say that it is, even though it very definitely is NOT.
I just looked up for Florida, and found 689.25 says:
Quote:
689.25 Failure to disclose homicide, suicide, deaths, or diagnosis of HIV or AIDS infection in an occupant of real property.—
(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, suicide, 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, suicide, or death or that an occupant of that property was infected with human immunodeficiency virus or diagnosed with acquired immune deficiency syndrome.
|
I think 1b and 2 pretty much answer this question. If the home was in Florida, it didn't have to be disclosed, and the friend has no grounds to sue the agent or the owner.