Failure to Disclose
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Failure to Disclose Attorneys
The purchase of a house is more than a simple transaction. It involves major decisions. What happens when a dream becomes a nightmare due to the seller’s failure to disclose problems? Hidden defects are far more common than most buyers think. According to studies, up to 60% of sellers conceal known defects during the sale process. Florida’s real estate market is dynamic, with high demand, frequent flooding, and fierce competition. These types of oversights or omissions may leave buyers with significant financial obligations. Bonardi & Uzdavinis, Attorneys-at-Law, can help.
Trusted Legal Help for Real Estate Buyers
We represent Florida real estate buyers who have been deceived or misled in their real estate transactions. You may have legal rights if you purchased a property in the Tampa Bay region and found out that the seller did not disclose serious issues. We can help you explore your options.
Contact us today for a complimentary consultation. Call 813-540-2019 to learn more about how we can protect your investment.
Florida’s Seller Disclosure Laws: What Buyers Need to Know
You have the right to expect honesty when you purchase a house. Florida law requires sellers to disclose material defects that could affect the value or safety of a property. What does this mean exactly?
What is a "Material Flaw"?
Material defects are any issues that have a significant impact on the value, functionality or habitability of a property. They are often not visible on a walkthrough or standard inspection.
Common examples include:
- Problems with the structure, such as foundation cracks and roof leaks
- Water damage or mold infestation
- Pest or termite issues
- Electrical or plumbing failures
- Flood zones or flood history
- Environmental hazards
The Florida Supreme Court’s case Johnson v. Davis, (1985), established the precedent that sellers are required to disclose any defects that they know of that are not easily observable but that affect the value or the house.
Can Real Estate Agents or Brokers Be Held Liable?
Yes. Florida real estate agents and brokers must disclose known material defects to the buyer. They may be liable for fraud or misrepresentation, otherwise.
We invite you to call our attorneys to speak with you regarding your rights if you believe that your agent has breached their obligation of disclosure. You might have a claim against the seller, as well as potentially others.
What if the seller says they didn't know?
Florida’s disclosure statutes only pertain to known defects. So, the seller can’t be held accountable for something they didn’t know existed. It can be hard to establish what the seller did or didn’t know.
How Can You Prove That the Seller Knew?
You’ll need proof that the seller knew about the defect but chose not to disclose it. You could use:
- Emails or text messages referencing the problem
- Inspection reports or repair invoices from before the sale
- Testimony from neighbors, contractors, or past owners
- Evidence of attempted concealment, like painting over mold or caulking foundation cracks
Our attorneys conduct thorough investigations to uncover this kind of documentation and testimony. We know where to look—and how to build a compelling case that holds sellers accountable.
Why Choose Bonardi & Uzdavinis?
Our law firm is founded upon local knowledge and decades of aggregate legal expertise. With its offices in Tampa, Bonardi & Uzdavinis recognizes Florida homebuyers’ distinct problems—from flood zone notices to rapidly transacted real estate where shortcomings may easily go undetected or concealed.
Personalized Results-Oriented Approach
We use a personalized, results-oriented approach to every case. You’ll never be treated like a file number. We stand with you every step of the way, explaining your rights, developing your case, and fighting hard for the compensation you deserve.
We’ve helped buyers in Florida. We can help you too.
Do I Have a Failure to Disclose Case?
To file a valid non-disclosure lawsuit in Florida, you must prove four elements:
- The seller knew about the defect. There must be clear evidence the seller was aware of the issue before the sale.
- The defect was material. And, the issue must significantly affect the value or livability of the home.
- The defect was not readily visible or known to the buyer. It must be something a reasonable buyer wouldn’t have discovered through ordinary inspection.
- You suffered damages. This may include repair costs, lost property value, or financial strain caused by unlivable conditions.
If all these conditions apply, you may be entitled to compensation for your losses—and possibly more.
What Damages Can I Recover in a Florida Failure to Disclose Claim?
When sellers mislead or fail to disclose, the financial burden often falls unfairly on the buyer. At Bonardi & Uzdavinis, we help clients recover damages that may include:
- The cost of repairs
- Loss in property value
- Temporary housing or relocation expenses
- Emotional distress
- Attorney’s fees and legal costs
In rare cases, you may also be entitled to punitive damages, especially if the seller’s behavior was intentional or fraudulent.
Schedule Your Free Consultation Today
If you feel a seller didn’t tell you about serious property flaws, you have a right to know—and you may be able to seek justice.
Reach out to Bonardi & Uzdavinis, Attorneys-at-Law for a no-cost, no-obligation case consultation. Let our committed Tampa real estate lawyers work with you to defend your investment, hold sellers accountable, and restore peace of mind.
Call 813-540-2019 or contact us online to start.
We’re here to stand up for Florida homebuyers—because you deserve honesty, transparency, and a safe home to call your own.
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