Seller didn't disclose leaks

[Deb Sala]

I recently purchased a town home in Florida. I called a handyman to do a few jobs and he mentioned that he painted my town home last summer. He showed me a spot above the garage door where he proudly told me it took him 3 coats of paint to cover the water stains. It turns out this whole community has a builder defect that involves the fascia and the sealing of the "envelope" - still not sure what that means but basically water has encroached in between the masonry and the concrete block and staining is noticeable over the overhead garage door and only on that wall. The HOA is preparing the sue the builder to remedy the problem. Furthermore, I was perusing the Nextdoor message boards and I find out that my seller had a leaking shower in the upstairs master and painted the ceiling in the downstairs half bath to cover the water stain! So I have proof positive on social media that she was aware of the leak. Neither of these leaks were in the disclosure, which I have been advised is highly illegal. Before you ask about the inspection , we did it ourselves because we are a handy couple and the place is practically brand new. Lesson learned. I have many questions but not a lot of answers. I don't know what kind of damage is in my walls. I don't know if I am covered in the class action lawsuit against the builder, but I am guessing I am. I will find out at the next HOA meeting. And mostly, I would like to sue the seller for non disclosure but I don't know where to begin or what even to ask for. Does anyone have any experience in this circumstance ? Thanks!

[Kimberly H.]

@Deb Sala

If they fixed the leak in the shower, believed it to be fixed, and then repainted they don't need to disclose. It's not leaking now, right? Or are you saying they know it leaks, stopped using that shower, and just painted the ceiling to hide the leak and sell the house? Two totally different situations.

If they knew about the HOA/builder issue, and you can prove it via painter testimony, you might have a case, but you would need to know the cost of the repair for starters to know if it even makes sense to take legal action. And if that falls on the HOA to fix it, and the HOA actually has the money to fix it, it may not be worth following up on, since I think lawsuits require damages.

**I am not a lawyer this is not legal advise**