Duty to Disclose – 2 CEs

• Duty to disclose is the leading cause of lawsuits against realtors® in Florida. We review the duty to disclose doctrine embedded in (1) the residential purchase and sales contract (“Contract”); (2) the listing agreement; (3) Seller’s property disclosure-residential, as well as (4) the Florida case law (lawsuits).
• In addition to disclosures required in the Contract (Permits, Mold, Flood zone, Radon, Energy, Lead-based paint, HOA/Community disclosure, Condo Rider including Milestone Inspection/SIRS, Property tax, FIRPTA and Seller disclosure), we also cover disclosures required by Florida law but not present in the Contract, which are Sewer lines, Sinkholes, Subsurface rights, Coastal construction control line, and Construction recovery fund.
• Finally, we discuss Johnson v. Davis, and many other lawsuits to illustrate how realtors® can protect themselves against duty to disclose liability and increase their value to the clients by becoming experts in duty to disclose matters.