Phil Aitken
Phil Aitken
Owner/Broker

Is the Seller Responsible For Any Repairs After Closing?

Buying or selling a home is a significant milestone, often accompanied by a mix of excitement and anxiety. One of the most common concerns for both parties involves the condition of the property and who bears responsibility for repairs, especially after the sale has been finalized. Understanding the legal and practical aspects of post-closing repairs can help alleviate stress and prevent potential disputes. Whether you’re a first-time homebuyer or a seasoned property investor in Jacksonville, it’s crucial to be well-informed about your rights and obligations. In this blog post, Jacksonville real estate expert Phil Aitken discusses the responsibilities of sellers regarding repairs after closing on a property sale.

Key Takeaways:

  • Generally, sellers are not responsible for repairs after closing in Florida.
  • Exceptions include cases of fraud, misrepresentation, or unfulfilled contractual obligations.
  • Florida law requires sellers to disclose known material defects not readily observable.
  • Buyers should conduct thorough inspections and carefully review purchase contracts.

Understanding Seller Responsibilities After Closing

When it comes to real estate transactions, one question that often arises is whether the seller is responsible for any repairs after closing. This is a crucial consideration for both buyers and sellers in Jacksonville and throughout Florida. Let’s dive into the details of this important topic.

The General Rule: Caveat Emptor

In Florida, the general principle governing property sales is “caveat emptor,” which translates to “buyer beware.” This doctrine places the responsibility on the buyer to thoroughly inspect the property before purchase. Under this principle, sellers are typically not obligated to make repairs after the sale has closed.

Jacksonville real estate expert Phil Aitken notes,

“While sellers are generally off the hook for repairs post-closing, it’s crucial for both parties to understand the exceptions to this rule. Clear communication and proper disclosures are key to a smooth transaction.

Exceptions to the Rule

Despite the general principle, there are several important exceptions where a seller might still be responsible for repairs after closing:

  1. Fraud or Misrepresentation: If a seller knowingly conceals defects or makes false statements about the property’s condition, they may be held liable even after the sale is complete. This underscores the importance of honest and thorough disclosure by sellers.
  2. Contractual Obligations: The sales contract may include specific repair agreements. If these agreed-upon repairs are not completed before closing, the seller could remain responsible for fulfilling these obligations.
  3. Statutory Warranties: For newly constructed homes, Florida law provides implied warranties that may extend beyond the closing date. These warranties typically cover major structural defects and can last for several years.

Florida-Specific Considerations

Living in Florida brings some unique considerations when it comes to property damage and repairs:

  1. Hurricane Damage: Given Florida’s susceptibility to hurricanes, many real estate contracts include a “Risk of Loss” clause. This clause often states that if hurricane damage occurs before closing and exceeds a certain percentage of the purchase price (typically 1.5% to 3%), the buyer can either cancel the contract or proceed with the purchase “as is” with a corresponding price reduction.
  2. Insurance Claims: If damage occurs before closing and the seller files an insurance claim, the proceeds may be transferred to the buyer at closing to cover necessary repairs.
  3. Escrow for Repairs: In some cases, funds may be held in escrow at closing to cover agreed-upon repairs that couldn’t be completed before the sale. This ensures that the buyer has the resources to address these issues after taking possession of the property.

Time Limitations for Legal Action

It’s important to note that there are time limitations for taking legal action related to undisclosed defects in Florida:

  • 4 years for breach of contract claims
  • 4 years for negligence claims
  • 2 years for professional malpractice claims

These timeframes typically start from the date the defect was discovered or should have been discovered with due diligence.

Protecting Yourself as a Buyer or Seller

For buyers, the key to protecting yourself is conducting thorough inspections before closing. This includes hiring professional inspectors and carefully reviewing all disclosure documents provided by the seller.

For sellers, the best approach is to be honest and thorough in your disclosures. While you’re not obligated to disclose defects that are readily observable, Florida law does require you to disclose known material defects that are not easily noticeable and could significantly affect the property’s value.

Call Phil Aitken for Expert Real Estate Guidance

Your Home Sold Guaranteed Realty - Phil Aitken Home Team. Is the Seller Responsible For Any Repairs After Closing?
Phil Aitken

When it comes to navigating the complexities of real estate transactions in Jacksonville, Phil Aitken is your go-to Jacksonville real estate expert. With years of experience in the local market, Phil offers unparalleled expertise and personalized service to ensure your peace of mind throughout the buying or selling process.

Phil Aitken stands out as the best choice for several reasons:

  1. Free Home Valuation: Get an accurate assessment of your property’s worth in the current market.
  2. Buyer and Seller Guarantees: Phil offers unique guarantees to ensure your satisfaction and protect your interests.
  3. Extensive Experience: With a deep understanding of Jacksonville’s real estate landscape, Phil provides invaluable insights and guidance.
  4. Commitment to Transparency: Phil ensures all parties are fully informed throughout the transaction process.

Whether you’re buying or selling, don’t leave anything to chance. Call or text Phil Aitken today for expert assistance in your real estate journey. Your dream home or successful sale is just a phone call away!

Frequently Asked Question

Can a seller be held responsible for repairs if a defect is discovered years after closing?


Generally, the seller’s responsibility diminishes significantly after closing. However, if it can be proven that the seller knowingly concealed a major defect, they could potentially be held liable even years later. The statute of limitations in Florida (4 years for most claims) would apply, starting from when the defect was discovered or should have been discovered with reasonable diligence.

Phil Aitken, Owner/Broker
Phil Aitken is the Owner/Broker with Your Home Sold Guaranteed Realty - Phil Aitken Home Team and has over 13 years of Real Estate experience. Phil’s faith and desire for his family’s continued security fuel his business growth and leadership. The Phil Aitken Home Team continues to profoundly impact the people of Jacksonville via supporting several faith-based organizations. Phil gives back a portion of every real estate transaction to The Tim Tebow Foundation and Rethreaded. Find Phil's full story here.