St. Johns Law Group · St. Augustine, Florida
St. Augustine Hidden Defect & Johnson v. Davis Attorneys
Seller Disclosures. Hidden Defects. Nondisclosure. Post-Closing Claims.
Discovering a serious property condition after closing can lead to a dispute over what the seller knew, what was disclosed, whether the condition was readily observable and whether it materially affected the property's value.
St. Johns Law Group represents buyers, sellers and property owners in Florida disputes involving alleged hidden defects, nondisclosure, concealment, misrepresentation and Johnson v. Davis claims. Related disputes may also involve real estate contract claims, deposit disputes or broader real estate litigation.
Common Post-Closing Issues
✓Water intrusion, roof and structural conditions
✓Prior repairs or recurring property problems
✓Seller disclosure and knowledge disputes
✓Repair costs, damages and litigation
Florida Seller Disclosure Disputes
What Did the Seller Know—and What Should Have Been Disclosed?
Hidden-defect litigation often turns on the property's pre-closing condition, seller knowledge, disclosure and whether the condition was readily observable.
Repair records, photographs, contractor communications, permits, disclosures and witness testimony can become important evidence. Where a dispute also involves contract performance or a failed transaction, review our Real Estate Contract Disputes & Remedies page.
- Water intrusion and moisture
- Roof leaks and prior repairs
- Structural and foundation concerns
- Drainage and recurring flooding
- Unpermitted or concealed work
- Other material conditions discovered after closing
Johnson v. Davis
Florida's Seller Disclosure Rule
Johnson v. Davis is commonly associated with a Florida residential seller's duty to disclose certain known facts affecting property value.
Known to the Seller
Was the alleged condition actually known before the sale?
Materially Affects Value
Was the alleged fact significant enough to materially affect property value?
Not Readily Observable
Was the condition hidden rather than readily observable by the buyer?
These cases are fact-intensive.
A defect after closing does not by itself establish seller knowledge, a disclosure duty or liability.
Common Hidden Defect Claims
Property Conditions That Often Lead to Post-Closing Disputes
01
Water Intrusion & Leaks
Recurring leaks, moisture intrusion, prior water damage or allegedly concealed conditions.
Learn More →02Roof Conditions
Prior roof leaks, repairs, replacement history or known recurring problems.
Learn More →03Structural Problems
Foundation movement, framing, settlement or other structural conditions.
Learn More →04Drainage & Flooding
Recurring drainage, standing water, flooding or stormwater conditions.
Learn More →05Unpermitted Work
Renovations or other work performed without required permits.
Learn More →06Prior Repairs
Repair invoices, contractor records and communications may show pre-closing knowledge.
Learn More →07Concealment Allegations
Claims that repairs, coverings or other actions were used to hide a material condition.
Learn More →08Misrepresentation Claims
Statements about condition or repair history may become part of fraud allegations.
Learn More →09Inspection Disputes
Disclosure claims can overlap with inspection issues, but duties may differ.
Learn More →Buyer & Seller Positions
Hidden Defect Cases Have Two Very Different Stories
Buyer Position
The Condition Was Known and Not Disclosed
A buyer may contend the seller knew of a material, non-obvious condition and failed to disclose it.
Seller Position
The Seller Did Not Know—or the Condition Was Observable
A seller may dispute knowledge, materiality, causation, damages or observability.
Hidden Defect & Real Estate Litigation Team
Real Estate Knowledge Backed by Litigation Experience
Real Estate • Complex Litigation
Douglas N. Burnett
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Real Estate • Contracts • Trial Team
Megan Burnett Drysdale
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Civil Litigation • Contracts • Appeals
Alex Nunchuck
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Construction • Property Litigation
Shaun C. Saliba
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Litigation • Property • Business
Eric D. Whitcher
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HOA/Condo • Real Estate Litigation
Hillary N. Mesa
Attorney Profile →Trial-Ready Representation
Preparing the Property Evidence for Litigation
Hidden-defect disputes can require testimony from buyers, sellers, contractors, inspectors, engineers and other experts.
3 Jury Trials • 3 Months • 3 Wins
Recent civil jury-trial results demonstrate the firm's litigation resources. Every case is different; past results do not guarantee a similar outcome.
Damages
Repair Costs and Claimed Losses
Damages may involve repair costs, diminution in value or other losses supported by the facts and law.
Other Remedies
Rescission and Other Relief
Depending on the claim and circumstances, parties may seek monetary, equitable or declaratory relief.
Evidence in Hidden Defect Cases
What Did the Seller Know Before Closing?
Seller Disclosure Forms
Written disclosures can show what conditions were identified before closing.
Learn More →Inspection Reports
Pre-purchase inspections may identify observable conditions or recommendations.
Learn More →Repair & Contractor Records
Invoices, estimates, warranties and communications may establish prior repairs and knowledge.
Learn More →Photographs & Videos
Images can document condition, repairs, concealment or progression of damage.
Learn More →Permits & Public Records
Permit history may provide evidence concerning prior work or property issues.
Learn More →Expert Evidence
Engineers, contractors, roofers or inspectors may address cause, age, repair scope and damages.
Learn More →Hidden Defect FAQs
Common Questions About Florida Seller Disclosure Claims
For broader ownership, title, contract and property-right disputes, visit our Real Estate Litigation page.
What is a Johnson v. Davis claim in Florida?
The doctrine is commonly associated with a residential seller's duty to disclose certain known facts that materially affect property value and are not readily observable.
Does finding a defect after closing mean the seller is liable?
No. A post-closing defect does not by itself establish seller knowledge, duty, causation or damages.
What if the seller says they did not know?
Knowledge is often disputed. Repair records, communications, photographs, permits and witness testimony may be relevant.
What if my home inspector missed the condition?
Inspection issues may involve separate duties and legal theories. Their effect depends on the facts and applicable law.
Can a seller defend a hidden defect claim?
Yes. Defenses may concern knowledge, disclosure, observability, materiality, causation, damages or contract terms.
Can these cases settle without trial?
Yes. Some disputes resolve through negotiation or mediation; others require litigation or trial.
Local Real Estate Litigation Counsel
St. Augustine Lawyers for Northeast Florida Property Disputes
Hidden-defect claims often involve local property conditions, contractors, inspection records, permits, repair history and witnesses.
St. Johns Law Group represents buyers, sellers and property owners from its St. Augustine office and can draw on attorneys across real estate, construction, HOA/condominium and civil litigation when those issues intersect.
Hidden Defect & Seller Disclosure Consultation
Protect Your Rights After a Hidden Defect Is Discovered.
Tell us about the property condition, disclosure, inspection and post-closing dispute.
Contact St. Johns Law Group
Tell Us About the Property Defect or Disclosure Dispute
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