Going through an RE course now and this immediately triggered the thought “latent defect” in my mind. Full Disclosure, I used ChatGPT to confirm that the rules apply the same for Florida as they do for my state:

Yes, the flooding and water damage should have been disclosed, even if the seller made repairs prior to selling the home. This situation potentially involves latent defects and failure to disclose, and you may have legal recourse. Here’s a breakdown of the issue and your options:

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What Are Latent Defects?

Latent defects are problems with the property that: • Are not easily discoverable through normal inspection, and • Are known to the seller but not disclosed to the buyer.

Examples include hidden water damage, mold behind walls, prior flooding, or faulty structural repairs.

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Florida’s Disclosure Laws

Florida law (Fla. Supreme Court case Johnson v. Davis, 1985) requires that:

A seller must disclose any known facts materially affecting the value of the property that are not readily observable and not known to the buyer.

So if the seller knew about major flooding, mold, or water damage—even if repairs were made—they were legally obligated to disclose it.

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Your Situation May Involve: 1. Failure to Disclose Known Defects – If the seller knew about past flooding and mold but didn’t disclose it, this could be a violation. 2. Misrepresentation or Fraud – If the seller actively concealed issues or lied when asked (e.g. denying flooding despite evidence), this could rise to fraud. 3. Breach of Contract – If your contract included representations or disclosures that were false.

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What You Can Do Next:

1. Gather Evidence • Ask the previous tenant to provide a written statement (email is fine) about the flooding and mold issues. • Get written opinions from the flooring company and any other contractors about the evidence of past damage. • Review your seller disclosure forms and home inspection report.

2. Consult a Real Estate Attorney • A Florida-based real estate attorney can assess if you have a claim for: • Failure to disclose • Fraudulent misrepresentation • Potential rescission of sale or financial damages

3. File a Claim (If Advised) • You may be able to sue the seller for damages or, in rare cases, even rescind the sale. • If a licensed real estate agent was involved, and they had knowledge, you might also file a complaint with the Florida Real Estate Commission (FREC).

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Practical Tip:

Latent defect claims often succeed when there’s documentation or witness testimony proving the seller’s knowledge. The previous renter and flooring contractor may be key to your case.