Like many states in the United States, Florida home sellers are required to disclose any issues with a home before selling to the new home buyer. Florida home sellers must disclose any issues with the home that may affect the value or desirability of the house for home buyers. Topics include fixes and repairs that the home buyer is not aware of.
But, what happens when there are repairs needed after closing your home? Are you liable, and if so, for how long?
What is a Florida Home Seller Obligated to Disclose?
There are certain things that a home seller in Florida must disclose.
Appliances: If you sell your home with appliances, you will have to disclose what is in working order and what needs to be fixed. Appliances can include refrigerators, dishwashers, pools, saunas, and bathroom mirrors. The home seller will also disclose if they use gas or electricity, as well.
Legal Action: The seller must disclose whether any legal actions, assessments, or claims have been made on the property. Legal action also includes any legal action pending on common areas surrounding the property.
Restrictions: The seller is obligated to let the home buyer know about any HOA fees and regulations.
Hazardous Substance: The seller must disclose to the home buyer any harmful substances in the environment in and around the home. Dangerous substances can include radon gas, asbestos, and propane.
Remodeling: The seller will need to disclose any remodeling, additions, or insurance claims made to the property.
Roof: Florida sellers are obligated to disclose any damages, age, and repairs on their roof. If the seller has a roof warranty, this must be disclosed, too.
A/C: The seller of the home is required to disclose whether their air condition unit is central air and heating or solar. The age of the A/C unit and any issues they have had with the unit must be disclosed, as well.
Sinkholes: The seller is responsible for disclosing any sinkholes, along with settling and soil movement.
Windows: The seller is obligated to disclose any problems with windows, doors, or locks in the home.
Plumbing Issues: The seller must disclose any problems with the plumbing or sewage. If the seller has a septic tank, they must reveal its age.
Of course, these are the main things that a seller is obligated to disclose.
How Long Are You Liable?
If you are a responsible home seller and disclose all the information you are obligated to disclose, you should not have any problems in the future. If you do not, then it can constitute fraud, and you will have to pay for the damages to be repaired to the home.
Suppose a home buyer decides that you did not provide essential information about damages to a home. In that case, you can be liable for damages from anywhere from two to ten years after the closing date, based on statutes of limitations. The home buyer will have to provide proof that you purposefully did not disclose damages to the home. You and the home buyer will have to go through a legal process, which includes mediation.
As a home seller, it is essential to disclose damages to your Florida cash home to avoid any problems in the future.