For centuries, builders and sellers of residential homes, whom we will collectively call “developers,” were protected from construction liability by the Latin legal doctrine known as caveat emptor — “let the buyer beware.” This ancient doctrine imposed on a buyer the responsibility to discover any defects on a piece of property, or its improvements, before completing its purchase. In essence, unless otherwise imposed by the purchase contract, a developer sold the property without any warranty on the quality of construction.
However, over the years, the rule of caveat emptor has steadily eroded, and developers have become responsible for discovering, disclosing, and repairing a wide variety of property defects. The Florida Legislature has, in effect, eliminated this doctrine for sales of condominium units in Florida by imposing on developers warranty obligations for both new construction and conversion of rental housing to condominium ownership.
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