Talk of The Villages Florida

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-   -   Looking for Attorney to handle undisclosed problems with the purchase of a home (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/looking-attorney-handle-undisclosed-problems-purchase-home-117503/)

janetgilk@gmail.com 06-12-2014 09:17 AM

Looking for Attorney to handle undisclosed problems with the purchase of a home
 
Does any one know of a great attorney pertaining to a purchase of a home with many problems not disclosed in contract in TV? Have lots of problems with house inside & out / had inspection but they say 'too bad / real estate agent says: too bad.

Need advice.

Bonanza 06-12-2014 01:51 PM

Quote:

Originally Posted by janetgilk@gmail.com (Post 891792)
Does any one know of a great attorney pertaining to a purchase of a home with many problems not disclosed in contract in TV? Have lots of problems with house inside & out / had inspection but they say 'too bad / real estate agent says: too bad.

Need advice.

If it's something regarding what the real estate agent did not disclose, call that agent's office and speak to the broker of record in that office. If your agent was a Villages agent, that is probably too bad because Villages agents are not Realtors and do not have to abide by the Code of Ethics of a local board of Realtors or the National Assn. of Realtors.

Also, if you believe something was not legal with the agent -- any agent or Realtor, you can notify the real estate division of Florida's Department of Business & Professional Regulation and file a compiant. If the agent is a Realtor, you can also file a complaint with (both) the local board of Realtors and the Natl. Assn. of Relators.

The law states that a homerowner MUST disclose any issues/defects with the property (not cosmetic, however) in what is called a Sellers Disclosure. You should have received a copy of that before you signed a contract and you should have signed one, indicating that you read it and understood it. If the home is new, a Sellers Disclosure would not apply.

As far as an attorney is concerned, I'm not able to help you there. My opinion is that the developer has a corner on the market here in The Villages and other attorneys may not be so quick to fight for you. If you do need an attorney, a seasoned real estate attorney is the only one you should speak with.

Good luck!

graciegirl 06-12-2014 02:00 PM

Quote:

Originally Posted by Bonanza (Post 891893)
If it's something regarding what the real estate agent did not disclose, call that agent's office and speak to the broker of record in that office. If your agent was a Villages agent, that is probably too bad because Villages agents are not Realtors and do not have to abide by the Code of Ethics of a local board of Realtors or the National Assn. of Realtors.

Also, if you believe something was not legal with the agent -- any agent or Realtor, you can notify the real estate division of Florida's Department of Business & Professional Regulation and file a compiant. If the agent is a Realtor, you can also file a complaint with (both) the local board of Realtors and the Natl. Assn. of Relators.

The law states that a homerowner MUST disclose any issues/defects with the property (not cosmetic, however) in what is called a Sellers Disclosure. You should have received a copy of that before you signed a contract and you should have signed one, indicating that you read it and understood it. If the home is new, a Sellers Disclosure would not apply.

As far as an attorney is concerned, I'm not able to help you there. My opinion is that the developer has a corner on the market here in The Villages and other attorneys may not be so quick to fight for you. If you do need an attorney, a seasoned real estate attorney is the only one you should speak with.

Good luck!


Your post seems to say that agents for The Villages do not abide by ethical standards which most people here who have dealt with them would not agree with. Disclosure is based on law.


I wish the OP would clarify if the listing was with The Villages or an undisclosed MLS realtor.

buggyone 06-12-2014 02:37 PM

Quote:

Originally Posted by janetgilk@gmail.com (Post 891792)
Does any one know of a great attorney pertaining to a purchase of a home with many problems not disclosed in contract in TV? Have lots of problems with house inside & out / had inspection but they say 'too bad / real estate agent says: too bad.

Need advice.

Can you be more specific about what the problems are and how long ago you bought the house?

CFrance 06-12-2014 03:40 PM

Quote:

Originally Posted by buggyone (Post 891910)
Can you be more specific about what the problems are and how long ago you bought the house?

Yes, more info. please. Was it a new house or pre-owned. If pre-owned, don't the sellers have to fill out a full disclosure statement listing any problems with the house (wet basement, sink hole, roof leaking, etc.) regardless of what a home inspection uncovers?

It doesn't sound like you are going to get much help here on TOTV. Perhaps few have experience with this issue. Why not call a law firm and ask for a real estate attorney recommendation? If you have an attorney of your own, ask him or her for a rec.

casita37 06-12-2014 04:09 PM

It's all well and good for your home inspector to say "too bad", but that doesn't make it so. Inspectors have to uncover defects for you and are bound to that. I would explore more into the inspectors liability.

Dr Winston O Boogie jr 06-12-2014 05:11 PM

Quote:

Originally Posted by graciegirl (Post 891900)
Your post seems to say that agents for The Villages do not abide by ethical standards which most people here who have dealt with them would not agree with. Disclosure is based on law.


I wish the OP would clarify if the listing was with The Villages or an undisclosed MLS realtor.

And I would add to that, if the agent is not a licensed realtor, then he or she is working for a licensed realtor or broker under whose name the sale is made.

If I'm not mistaken not anyone can run around selling houses, other than their own.

justjim 06-12-2014 05:24 PM

Inspection report
 
Quote:

Originally Posted by casita37 (Post 891959)
It's all well and good for your home inspector to say "too bad", but that doesn't make it so. Inspectors have to uncover defects for you and are bound to that. I would explore more into the inspectors liability.

Read carefully the home inspector report to see what is and is not covered in his report. OP ask for attorney suggestions. You might call Morgan & Morgan they say that they "for the people". They will likely tell you if you have a case worth pursusing.

If the home was sold "as is" it will be difficult to win.

ilovetv 06-12-2014 06:08 PM

If the listing is with The Villages, new or resale, the law firm of McLin & Burnsed is "the closing department". Their attorneys and paralegals deal with all aspects of closing and they are going to make sure the contract is legally carried out.

Also, to me, it is way off base to say that TV listing depends on "non-realtors" who are supposedly unlicensed. THAT is not the case either, because many of the TV sales reps AND assistants are licensed and TV dba Properties of The Villages (necessarily) holds their licenses. I know sales reps and assistants who are constantly renewing their licenses and doing coursework to prepare for the tests.

Bogie Shooter 06-12-2014 07:05 PM

OP asked for info on an attorney.
Not a solution to a problem, that was not presented.

bimmertl 06-12-2014 08:29 PM

Quote:

Originally Posted by Bogie Shooter (Post 892033)
OP asked for info on an attorney.
Not a solution to a problem, that was not presented.


:clap2:

gerryann 06-12-2014 08:41 PM

Quote:

Originally Posted by ilovetv (Post 892011)
Also, to me, it is way off base to say that TV listing depends on "non-realtors" who are supposedly unlicensed. THAT is not the case either, because many of the TV sales reps AND assistants are licensed and TV dba Properties of The Villages (necessarily) holds their licenses. I know sales reps and assistants who are constantly renewing their licenses and doing coursework to prepare for the tests.

It's been my understanding that TV sales people are NOT lisenced realtors. Am I wrong with this info?

JB in TV 06-12-2014 08:56 PM

Quote:

Originally Posted by gerryann (Post 892074)
It's been my understanding that TV sales people are NOT lisenced realtors. Am I wrong with this info?

There is a difference between "Licensed real estate agent" (licensed by the state) , and Realtor. Realtor refers to a licensed real estate agent that is part of the group of agents called Realtors... The group is called The Association of Realtors. It is a paid membership group amd may have additional fees and associated higher level of rules they may need to adhear to. A normal MLS (Multiple listing service) is generally only available to Realtors. The name Realtor is a trade mark, by the way. Any person selling property for The Villages needs to be licensed by the state to sell real estate, but does not need to be a Realtor. Many people (in error) refer to all real estate agents as Realtors.

Fom Wikipedia : The National Association of Realtors (NAR), whose members are known as Realtors, is the largest trade association and one of the most powerful lobbying groups in North America, having spent more than $99 million between 1999 and 2012. It has over 1.2 million members (as reported November 2008), including NAR's institutes, societies, and councils, involved in all aspects of the residential and commercial real estate industries

ilovetv 06-12-2014 09:14 PM

Quote:

Originally Posted by JB in TV (Post 892081)
There is a difference between "Licensed real estate agent" (licensed by the state) , and Realtor. Realtor refers to a licensed real estate agent that is part of the group of agents called Realtors... The group is called The Association of Realtors. It is a paid membership group amd may have additional fees and associated higher level of rules they may need to adhear to. A normal MLS (Multiple listing service) is generally only available to Realtors. The name Realtor is a trade mark, by the way. Any person selling property for The Villages needs to be licensed by the state to sell real estate, but does not need to be a Realtor. Many people (in error) refer to all real estate agents as Realtors.

Fom Wikipedia : The National Association of Realtors (NAR), whose members are known as Realtors, [COLOR="rgb(244, 164, 96)"]is the largest trade association and one of the most powerful lobbying groups in North America[/COLOR], having spent more than $99 million between 1999 and 2012. It has over 1.2 million members (as reported November 2008), including NAR's institutes, societies, and councils, involved in all aspects of the residential and commercial real estate industries

The point: Sales reps selling real estate for The Villages are licensed by the state to sell real estate. But they might not be "Realtors" who are members of the largest trade association and lobbying group in N. America.

EnglishJW 06-12-2014 09:23 PM

Quote:

Originally Posted by gerryann (Post 892074)
It's been my understanding that TV sales people are NOT lisenced realtors. Am I wrong with this info?

I believe that TV Sales people do not have to be licensed realtors but many of them are licensed. We will be closing on a resale home through TV in just under two weeks. Everything that was described above happened just as was described (e.g., disclosure statement, document to sign verifying that we had received and read the disclosure statement, home inspection with written report, etc.). Our primary sales person is a licensed realtor.


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