What Florida Homebuyers Need to Know About Hidden Defects and Johnson v. Davis Claims
By St. Johns Law Group – Construction & Real Estate Attorneys in St. Augustine
When you buy a home in Florida, you expect full and fair disclosure from the seller. But what happens when, just weeks or months after closing, you discover serious problems that were never mentioned—like roof leaks, mold, or flooding?
These issues may be more than frustrating—they may be legally actionable under Florida’s Johnson v. Davis doctrine. At St. Johns Law Group, we help buyers and sellers navigate the legal consequences of hidden defects in real estate transactions across St. Augustine, Ponte Vedra, Nocatee, Palm Coast, and the greater Northeast Florida area.
What Is a Hidden Defect?
A hidden defect—also called a latent defect—is a problem with a home that:
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Materially affects the value of the property, and
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Would not be obvious to a buyer conducting a reasonable inspection.
Examples include:
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Water intrusion behind walls
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Structural defects or foundation issues
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Leaking roofs hidden by recent paint
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Malfunctioning HVAC or electrical systems
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Termite damage masked by cosmetic repairs
These issues often come to light only after the buyer takes possession of the property.
What Is a Johnson v. Davis Claim?
The Florida Supreme Court’s 1985 ruling in Johnson v. Davis set a critical legal standard:
If a seller knows of a material defect that isn’t readily observable and doesn’t disclose it, they can be held liable for fraudulent nondisclosure.
This means that sellers in residential real estate transactions must affirmatively disclose known issues that materially affect the property’s value or safety.
When Can You File a Johnson v. Davis Claim?
If you discover a hidden defect after purchasing your home, you may have a valid claim if:
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The defect existed before closing.
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The seller knew about the defect.
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The defect was not visible or obvious during your inspection.
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The seller failed to disclose the defect.
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You suffered damages as a result (e.g., repair costs, diminished value, or lost use).
At St. Johns Law Group, we investigate these claims thoroughly—often with the help of inspectors, contractors, and engineers—to determine whether the legal elements are met.
Seller Defenses: What They May Claim
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“The buyer waived the issue.”
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“The inspection should have caught it.”
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“We didn’t know it was a problem.”
None of these excuses will automatically defeat a Johnson v. Davis claim. Sellers can still be held accountable if they knew about the defect and failed to disclose it.
Pro Tip: “As-Is” Contracts or Agreements do not prevent a Seller from being sued for hidden defects in Residential sales.
Can Contractors or Developers Be Liable?
Yes. In new construction, builders and developers may be held responsible for latent defects under both contract law and Florida’s implied warranty of habitability, particularly if the defect results from poor workmanship or failure to follow code.
How Our Attorneys Help
At St. Johns Law Group, our construction litigation and real estate attorneys represent:
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Buyers seeking compensation for undisclosed defects
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Sellers accused of nondisclosure
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Contractors and developers defending defect claims
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Investors or landlords involved in post-sale disputes
We help clients resolve disputes through negotiation, mediation, or litigation, depending on the nature of the case.
Serving Northeast Florida: Local Knowledge Matters
Our team knows the unique challenges of buying or building in St. Augustine and surrounding areas—coastal flooding, stucco cracking, soil settlement, and permitting issues are common. We proudly represent clients in:
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St. Augustine & St. Augustine Beach
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Ponte Vedra & Ponte Vedra Beach
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Nocatee
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Palm Coast
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St. Johns, Flagler, Duval, and Clay Counties
📞 Have a Hidden Defect Problem? Let’s Talk.
If you believe you were misled during a real estate transaction—or if you’re facing accusations of nondisclosure—call our office today.
📱 Call: (904) 495-0400
📧 Email: info@sjlawgroup.com
🌐 Visit: www.sjlawgroup.com