1 Elements and Case Citations
“(1) The seller of a home must have knowledge of a defect in the property;
(2) The defect must materially affect the value of the property;
(3) The defect must be not readily observable and must be unknown to the buyer; and
(4) The buyer must establish that the seller failed to disclose the defect to the buyer.”
Sage v. Pahlavi, 358 So. 3d 434, 436 (Fla. 4th DCA 2023).
Very few courts outline the elements of a cause of action for Fraudulent Nondisclosure with Real Estate Transactions. As a result, below you will find those cases that do and those cases that provide a robust discussion of the claim.
Subscribers To The Florida Litigation Guide Can See:
- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.