Negligence Realtor (Naples: real estate, insurance, brokers)

[Jester1]

Recently purchased a new construction home and did not learn until after closing that there is a lift station directly adjacent to my property .
The realtor was asked 3 times what that camoflaged area was. The first time was verbally, she told me it was "a utility access point".
The second time it was in writing. She answered other questions, ignored that one.
The third time, verbally again, she told me she would try to follow up and get me an answer on that. She never did. I trusted the realtor who was acting as a buyer's agent (plenty of evidence for that). The realtor received 100% of the commission from the builder.
The builder did not provide the land survey or the appraisal until after closing. These are the only documents that correctly identify the structure as a lift station.
The realtor now claims she did not know what that was.
JEA documents that this lift station had an incident due to equipment failure one month before I closed on this house. The incident resulted in 1500 gallons being spilled.
1. I plan to pursue action against the realtor for negligence, do you think it is also deliberate on her part?
2. What amount of claim seems reasonable considering the problems I will face to sell this house in the future? I believe this has seriously compromised my financial planning and the appreciation of this property is significantly compromised.
3. Take into account there does not appear to be any insurance that can adequately protect me from damage due to lift station failure. Insurance only covers property for maximum of $10K
4. Certainly the builder is guilty of failure to disclose the previous lift station incident. There is no way I can afford the kind of lengthy court battle that would entail. The builder would know that the average citizen cannot afford to go up ahgainst them in court.

I appreciate your feedback!

[JPrzybylski07]

Originally Posted by Jester1

Recently purchased a new construction home and did not learn until after closing that there is a lift station directly adjacent to my property .
The realtor was asked 3 times what that camoflaged area was. The first time was verbally, she told me it was "a utility access point".
The second time it was in writing. She answered other questions, ignored that one.
The third time, verbally again, she told me she would try to follow up and get me an answer on that. She never did. I trusted the realtor who was acting as a buyer's agent (plenty of evidence for that). The realtor received 100% of the commission from the builder.
The builder did not provide the land survey or the appraisal until after closing. These are the only documents that correctly identify the structure as a lift station.
The realtor now claims she did not know what that was.
JEA documents that this lift station had an incident due to equipment failure one month before I closed on this house. The incident resulted in 1500 gallons being spilled.
1. I plan to pursue action against the realtor for negligence, do you think it is also deliberate on her part?
2. What amount of claim seems reasonable considering the problems I will face to sell this house in the future? I believe this has seriously compromised my financial planning and the appreciation of this property is significantly compromised.
3. Take into account there does not appear to be any insurance that can adequately protect me from damage due to lift station failure. Insurance only covers property for maximum of $10K
4. Certainly the builder is guilty of failure to disclose the previous lift station incident. There is no way I can afford the kind of lengthy court battle that would entail. The builder would know that the average citizen cannot afford to go up ahgainst them in court.

I appreciate your feedback!

What part of Naples? The Estates?

[JPrzybylski07]

Originally Posted by Jester1

Recently purchased a new construction home and did not learn until after closing that there is a lift station directly adjacent to my property .
The realtor was asked 3 times what that camoflaged area was. The first time was verbally, she told me it was "a utility access point".
The second time it was in writing. She answered other questions, ignored that one.
The third time, verbally again, she told me she would try to follow up and get me an answer on that. She never did. I trusted the realtor who was acting as a buyer's agent (plenty of evidence for that). The realtor received 100% of the commission from the builder.
The builder did not provide the land survey or the appraisal until after closing. These are the only documents that correctly identify the structure as a lift station.
The realtor now claims she did not know what that was.
JEA documents that this lift station had an incident due to equipment failure one month before I closed on this house. The incident resulted in 1500 gallons being spilled.
1. I plan to pursue action against the realtor for negligence, do you think it is also deliberate on her part?
2. What amount of claim seems reasonable considering the problems I will face to sell this house in the future? I believe this has seriously compromised my financial planning and the appreciation of this property is significantly compromised.
3. Take into account there does not appear to be any insurance that can adequately protect me from damage due to lift station failure. Insurance only covers property for maximum of $10K
4. Certainly the builder is guilty of failure to disclose the previous lift station incident. There is no way I can afford the kind of lengthy court battle that would entail. The builder would know that the average citizen cannot afford to go up ahgainst them in court.

I appreciate your feedback!

Sounds like you need a lawyer, not city data. But who buys a new construction without getting a survey done? Sounds like this was a cash deal, but still.

[Monello]

Realtor, the 2nd oldest profession.

[Jester1]

Not in Naples, not planning to post specifics for all the obvious reasons!

[JPrzybylski07]

Originally Posted by Jester1

Not in Naples, not planning to post specifics for all the obvious reasons!

Sounds like the obvious thing to do is not engage city data then and talk with a lawyer!

[Jester1]

I was hoping someone on here might have experience with this type of situation but thanks for critiquing the situation. The only documents (as previously stated) that correctly label the lift station were withheld so I was unable to see them until after closing. The realtor did not insist on getting these documents prior to closing (again, negligence) and did not comment on either document at that time. The realtor indicated that the delay was ok, there was no problem.
Florida has a lot of lift stations, not all other states do. I am not from Florida and therefore not familiar at all with lift stations. Presumably some people on here have much more experience (whether good or bad) with lift stations and the possible impact on a homeowner. It seems that the impact can be significant and I am not sure where someone would look for relevant information on Florida lift stations and their impact on property values.
If you have any light to shed on this, I would certainly appreciate that feedback. TIA

[markjames68]

New construction and you didn’t read the plat? Didn’t ask the BUILDER what was shown on it?

Agents are frequently useless and they aren’t accountable for something near the property. And they can conveniently avoid the issue or forget details.

If documents were withheld until after closing then I’d consult an attorney. I’m assuming you didn’t use one for your closing.

[JPrzybylski07]

Originally Posted by Jester1

I was hoping someone on here might have experience with this type of situation but thanks for critiquing the situation. The only documents (as previously stated) that correctly label the lift station were withheld so I was unable to see them until after closing. The realtor did not insist on getting these documents prior to closing (again, negligence) and did not comment on either document at that time. The realtor indicated that the delay was ok, there was no problem.
Florida has a lot of lift stations, not all other states do. I am not from Florida and therefore not familiar at all with lift stations. Presumably some people on here have much more experience (whether good or bad) with lift stations and the possible impact on a homeowner. It seems that the impact can be significant and I am not sure where someone would look for relevant information on Florida lift stations and their impact on property values.
If you have any light to shed on this, I would certainly appreciate that feedback. TIA

That’s absorb that a realtor would not insist on getting a survey before closing. Pathetic really.

I’ll be honest, I never heard of a lift station before you started this thread, or if I did I didn’t grasp the literal definition of what one was until I read an article on line about them just now, and after Hurricane Irma (2017) knocked power out to multiple counties how the life stations run on electricity so there’s were problems of course.

As far as property values and how they are impacted, I have no clue, but if I was buying a house it wouldn’t hurt to know ahead of time if there was one close by or on the actual property if that’s even possible through an easement.

Depending on the contract you used, assuming it was a standard Florida contract there is a provision in there titled SURVEY. Buyer may elect at buyer’s expense to have one done of the real property.

That’s sounds simple and obvious but there must be a reason Florida attorneys elected to put that small little provision in there. So wether or not the agent insisted would be irrelevant because you Mr. buyer should have read the contract.

Now assuming you used the builder’s contract who knows what’s provisions were in there. You can see how there is a lot of grey area to this matter and getting with a real estate attorney is your best bet.

[NEPats6SB]

I hope you have a contract with the realtor or buyer's agent, stating that they are indeed a "buyer's agent" and not a realtor. I looked into this and Florida presumes that agents are "transactions brokers" unless specified in the contract.

We did not use a buyer's agent, but carefully read all documents and googled everything. More importantly, we are building with a builder who has a sterling reputation. In any case, if this is indeed a "buyer's agent" under Florida law, you want to get an attorney and sue on the commission earned by this realtor or agent or whatever that agent is. If you asked a question of this person and they gave you an answer that you relied on, then I disagree with the above statement that all of this is on you. This agent earned a commission based on bad information he or she gave to you. Does this reach detrimental reliance? You'll find out.