With so many distressed homes in Florida that are being acquired by real estate investors, renovated for a quick sale and resold to new buyers, a recent appellate decision should help to reinforce the longstanding hidden defect disclosure requirements even in cases of properties that are typically sold in “as is” condition.

In the case of Thomas I. Bowman v. Jon Michael Barker et al., Bowman purchased a home from Barker that was later discovered to have numerous defects. He filed a lawsuit alleging that Barker failed to disclose known defects in the house contrary to his duty under the law and fraudulently misrepresented the condition of the house. The suit also included other defendants and claimed that they contributed to the problems and caused damages related to their roles in repairing, remodeling, inspecting and selling the house.