121. Law Office of David Steinfeld, P.L. What you need to know before buying a home in Florida In 1985 the Florida Supreme Court decided that buyer beware does not apply to residential real estate. From then, Florida law placed an affirmative duty on sellers to disclose to buyers all material defects that they actually know about and that are unobservable to the buyers. As a consequence, buyers can rely on a seller’s representations about the house. But whether a particular representation is material under Florida law depends upon the circumstances of the transaction.
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