By Karla Ray
Central Florida’s family faces foreclosure because the home they believed would be forever was a lemon.
The lawsuit claimed that the roof was uninsurable and had rotted wood frames.
The plaintiffs are suing both the buyer and seller. They also want to sue the real estate agent that worked with the sellers, as well as the appraiser, who inspected the house before it was sold.
The house cannot be sold because the debt is greater than its appraised value. This home used to be an assisted living center in Maitland.
Lori Cerceo is worried that the locks on her home, which she thought would be forever, will soon be replaced.
Cerceo: “The bank has told us we are in default.” We moved into an apartment. So, we have an uninsurable and uninhabitable house that’s just sitting there.
The kitchen cabinetry is ripped off and it looks musty inside. The family had not even unpacked the home when they discovered that an inspection said it was concrete blocks. Instead, the wood frames were rotting, and Cerceo claims her children became sick.
A lawsuit claims that the house was “represented as concrete block” and the seller hid defects such as leaks, termite damages, HVAC problems, window leaks and failure to disclose required information prior to the closing.
Barry Miller, a real estate lawyer said: “There are a number of red flags.” First of all, the transactional agent is expected to be able to act for both parties. He had to tell the buyer if he knew about these conditions.
Miller said this case was an example that it is important to get an independent inspection done and do your own research.
In court documents, the defendants claim that this was a ‘as is’ transaction. They state that the family accepted to only rely on representations made by the seller, and on an inspection that did reveal rot on all windows and doors but just on the outside.
Due to ongoing litigation, the defendants declined to make a statement. Miller advises that if you’re buying a house, do some research. Check for any permits or unpermitted works and other records relating to the property.
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