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In Florida, when the seller of a home knows of facts that materially affect the value of the property but are not readily observable or known to the buyer, the seller is under a duty to disclose them to the buyer. Unfortunately, many homeowners often fall victim to real estate fraud. Real estate fraud can happen to anyone, experienced property buyers or first-time homeowners.

Many times, home sellers will mistakenly try to rely on the fact that the Real Estate Purchase and Sale Contract says it is an “As-Is” contract. Even if a real estate contract is an “As-Is” contract, that does not give the sellers the right to misrepresent or fail to disclose problems with the home. An “As-Is” clause in a contract for the sale of residential real property does not waive the duty imposed to disclose hidden defects in the property, and home sellers are legally required to disclose known problems with the home that could materially affect the value of the home.

Common conditions that home sellers try to hide from homebuyers can include:

  • Water intrusion issues
  • Plumbing problems
  • Pipe leaks or air conditioning leaks
  • Mold & environmental issues
  • Roofing issues
  • Foundation issues
  • Settlement issues
  • Sinkhole issues
  • Electrical issues
  • Fire/Smoke damage
  • Termite damage
  • Boundary disputes
  • Homeowners’ association issues

If you have purchased a home and discover problems that you believe the sellers knew about but failed to disclose, you might have legal recourse against the sellers.

Creating Positive Outcomes

General Other CLAIM FAQS

Despite accepting premiums and issuing policies, it is not uncommon for insurance companies in Florida to deny coverage for claims. There are different reasons an insurance company may give for denying your claim, some may be valid while others are not. An insurance company may be engaging in bad faith insurance practices when denying valid claims — especially if they are denying claims in an effort to increase profits to the detriment of their policyholders.

Below is a list of reasons your insurance company may give you for denying your claim:

  • The claim was not filed timely
  • Lack of property insurance levels
  • Insufficient evidence to support payments
  • Lack of documentation provided
  • Policy exclusions limit coverage
  • Unpaid policy premiums

Although you may not have the ability to stop an insurance company from denying your claim outright, you can take steps to minimize the chances of a claim denial if you do the following:

  • File a claim right after the incident
  • Request a copy of your policy
  • Comply with the duties after loss section of the policy
  • Provide the documents and records requested
  • Take steps to protect the property and mitigate damage
  • Pay your premiums on time
  • Know what your policy covers and excludes
  • Engage professionals to represent your interests

Several factors are essential in selecting an insurance claim attorney. When choosing an attorney, you should hire someone who has experience and a good reputation in the legal community. Review online reviews to see what other clients are saying about the attorney’s services. You should consider the experience and expertise of the attorney handling the claim and how many trials and/or arbitrations the attorney has handled. All these factors are crucial to consider when hiring an attorney. Choose an attorney after careful consideration and after speaking with the actual attorney who will be assisting you.

Murray Law Group attorneys work most insurance claim cases on a contingency fee basis. This means there is no payment owed for attorney’s fees or costs to you unless we win your case. We will hire industry experts and engage the professionals necessary to build the most convincing case for you. Murray Law Group understands that in-depth expert analyses can make or break your insurance claim and that is why we work with the best in the industry.


The attorneys at Murray Law Group have the knowledge and experience to represent you the homeowner when a dispute arises or a claim is made concerning the nondisclosure of defects and other conditions discovered before or after the sale of a home. Call us today (813) 567-5600 for a free consultation.



Murray Law Group’s Florida insurance attorneys have recovered hundreds of millions for thousands of clients in Florida. Our award-winning team has the expertise and in-depth knowledge to build strong cases for victims of bad faith insurance claims.