Ayala Law Files Lawsuit Over Alleged Undisclosed Structural Damage in Orlando Real Estate Dispute

Buying a home is a significant financial commitment. Buyers rely on property disclosures, inspections, and the information provided by sellers to make informed decisions. But what happens when a buyer discovers potentially serious structural problems after closing, and believes the seller already knew about them?

We filed a lawsuit on behalf of two homebuyers in Orange County, Florida, alleging that the sellers failed to disclose previous structural damage and water intrusion before the sale of a residential property in Orlando. Attorney Kristen Schlotzhauer, Esq. is among the attorneys representing the plaintiffs.

What Happened in This Florida Real Estate Dispute?

According to the complaint, the buyers entered into a contract to purchase a home in Orlando in January 2026. During the sales process, the sellers allegedly represented in their property disclosure that the home’s structures were sound, there were no leaks, no wood-destroying organisms were present, and there had been no plumbing leaks during their ownership.

The complaint alleges that the buyers later discovered problems involving water intrusion in the second-floor primary bathroom, including structural damage, incomplete subfloor replacement, and patching in the affected area.

The central allegation is that the sellers knew about previous damage but failed to disclose it before the buyers purchased the property. The complaint points to invoices for earlier bathroom repair work as evidence that the sellers allegedly knew about the issues.

These are allegations in a pending legal dispute, not findings of wrongdoing by the court.

What Legal Claims Have the Buyers Brought?

The complaint asserts three claims: breach of contract, fraudulent misrepresentation, and negligent misrepresentation. In plain English, these claims address different aspects of the dispute.

Breach of contract alleges that the sellers failed to comply with obligations arising from the purchase agreement and property disclosure.

Fraudulent misrepresentation alleges that false statements were made knowingly to induce the buyers to proceed with the purchase.

Negligent misrepresentation, pleaded in the alternative, addresses alleged false statements made without exercising reasonable care to ensure their accuracy.

The buyers seek damages, including the cost of necessary structural repairs and mold remediation, along with applicable costs, interest, and attorney’s fees. The amount of damages is to be determined.

What Should Florida Homebuyers Do If They Discover Hidden Defects?

Discovering damage after closing does not automatically mean a buyer has a legal claim. The circumstances, contractual language, available evidence, and applicable law all matter. If you discover a potentially undisclosed defect in a recently purchased property, consider taking these steps:

Preserve the Evidence: Keep the seller’s disclosure, purchase agreement, inspection reports, photographs, repair invoices, and communications relating to the property.

Document the Damage: Photograph affected areas and obtain an assessment from a qualified professional. This can help establish the nature and potential cost of necessary repairs.

Review the Seller’s Disclosures: Compare the condition discovered with what the seller represented before the sale. Prior repair records or other evidence of the seller’s knowledge may be particularly relevant.

Seek Legal Advice Promptly: A real estate attorney can review the documents, assess potential claims, and explain the available options. Avoid assuming that an as-is contract automatically eliminates every possible claim involving alleged misrepresentations or undisclosed defects.

Why Property Disclosures Matter

A property disclosure is more than paperwork. It can play an important role in a buyer’s decision to proceed with a transaction and in determining the parties’ rights if a dispute arises later.

For buyers who discover significant problems after closing, the key questions often include what the seller knew, what was disclosed, what the contract required, and whether the buyer relied on inaccurate information.  Structural Damage Structural Damage Structural Damage Structural Damage Structural Damage 

Ayala Law represents clients in real estate litigation, contract disputes, and related business matters throughout Florida. 

If you have discovered potentially undisclosed property damage or are facing a dispute involving a real estate transaction, please don’t hesitate to contact one of our experienced attorneys at 305-570-2208. 

You can also contact our team directly at: [email protected]                                  

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].