Summary
In Florida, sellers are legally required to disclose known defects that materially affect property value, such as termite infestations. If a seller fails to disclose such issues, you can draft a demand letter citing Florida Statute § 689.25 and the case Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), requesting the seller to cover treatment costs. Include a deadline for response and consider legal action if unresolved.Full Conversation
draft demand letter
Here's a draft demand letter you can use:
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[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Date]
[Seller's Name]
[Seller's Address]
[City, State, Zip Code]
Dear [Seller's Name],
Subject: Demand for Remedy Due to Non-Disclosure of Termite Issue
I am writing to formally address the issue regarding your failure to disclose a known termite problem in the property located at [Property Address], which I recently purchased from you. Under Florida law, sellers are obligated to disclose any material defects that impact the property's value, including termite infestations.
During the purchase, you provided a Seller's Disclosure that failed to mention any prior issues with termites. However, upon inspection, it was discovered that there is significant termite activity that requires immediate attention.
To resolve this matter amicably, I am requesting that you cover the costs associated with tenting and treating the home for termites. I have obtained an estimate for the required treatment, which amounts to [$Amount].
Please respond to this letter by [Deadline Date] to discuss your proposed resolution. If I do not receive a satisfactory response by this date, I will have no choice but to explore further legal remedies.
Thank you for your prompt attention to this serious matter.
Sincerely,
[Your Name]
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Feel free to customize it further based on your specific situation.
draft with legal statute and case law stated
To enhance your demand letter with legal statutes and case law, you can include the following:
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[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Date]
[Seller's Name]
[Seller's Address]
[City, State, Zip Code]
Dear [Seller's Name],
Subject: Demand for Remedy Due to Non-Disclosure of Termite Issue
I am writing to formally address the issue regarding your failure to disclose a known termite problem in the property located at [Property Address], which I recently purchased from you.
Under Florida law, specifically Johnson v. Davis, * So. 2d * (Fla. *), sellers are required to disclose known facts that materially affect the value of the property and are not readily observable. Additionally, Florida Statute § *.* mandates the disclosure of material defects.
During the purchase, you provided a Seller's Disclosure that failed to mention any prior issues with termites. However, upon inspection, it was discovered that there is significant termite activity requiring immediate attention.
To resolve this matter amicably, I am requesting that you cover the costs associated with tenting and treating the home for termites. I have obtained an estimate for the required treatment, which amounts to [$Amount].
Please respond to this letter by [Deadline Date] to discuss your proposed resolution. If I do not receive a satisfactory response by this date, I will have no choice but to explore further legal remedies.
Thank you for your prompt attention to this serious matter.
Sincerely,
[Your Name]
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Feel free to adjust the content to better fit your specific case details.