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Disclosure of construction defects in condominium sales in Florida

In recent posts, we’ve been looking at the issue of condominium construction defects, specifically the warranties condo owners and associations enjoy under Florida law. These warranties allow owners and associations to take legal action when there has been a breach of warranty by a developer.

Dealing with condo construction defects is something different people will do differently. Some are going to be inclined to address the defects themselves, as far as they are able, and then seek compensation for the costs. Others, depending on the defect, may seek to have the developer address the issue, and will pursue litigation if necessary, whether individually or vis-à-vis the condo owners association. Still others will just want out of the situation, and will attempt to sell the unit and move on. One of the questions that can come up in this context is whether the seller of a condo is required to disclose pending lawsuits when listing a condo for sale. 

Florida law requires condominium seller to make a variety of disclosures to buyers. These disclosures differ depending on whether a developer or a non-developer is selling. Non-developers are required to disclose, among other things, a current copy of the declaration of condominium, the association’s articles of incorporation, bylaws and rules of the association, financial information, as well as information about association governance.

In addition, condominium sellers are required to make a variety of other disclosures to buyers concerning the condition of the property. We’ll take a look at this issue in our next post. 

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