OUC CLASS ACTION COMPLAINT: WHAT REALTORS® NEED TO DISCLOSE
Selling or renting a property in East Orlando? You may be exposing yourself or your clients to potential liability.
What’s it all about?
On December 20, 2018, a class action lawsuit was filed in the Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida styled Irizarry, et al. v. Orlando Utilities Commission, et al.,Case No.: 2018-CA-013758-O (“Lawsuit”). The Lawsuit alleges that the iconic east Orlando power plant, Curtis H. Stanton Energy Center which is owned and operated by Orlando Utilities Commission is emitting and contaminating certain portions of east Orlando. The lawsuit alleges that coal combustion residuals, organic compounds, radionuclides and metals in concentrations that exceed Federal and Florida regulatory standards are affecting local property owners. As a result, the lawsuit alleges that the rate of pediatric central nervous system, blood and bone cancer rates in the affected area is 5 to 10 times that of Orange County and the United States.
What Neighborhoods Does This Affect?
The allegations of the complaint state that about 15,000 homes located in 32825 and 32828 zip codes and the communities of Avalon Park, Stoneybrook East, Eastwood, Cypress Springs, Andover lakes/Cay and Turnberry Pointe/Cay are affected.
I’m a Real Estate Professional Do I Need to Disclose?
Under Florida law, sellers, landlords and their real estate agents have a duty to disclose to prospective buyers and tenants of facts that materially affect the value of a property. While the veracity of the allegations in the Lawsuit have not been determined at this time, sellers, landlords and their real estate agents must be proactive to protect themselves from a lawsuit.
How Can I Get More Information?
The attorneys at Barry Miller Law, P.A. are here to help sellers, landlords and real estate agents navigate through the myriad of issues that come with the Lawsuit including but not limited to determining if the property is the affected area, what exactly needs to be disclosed, and what forms should be signed in order to protect all parties from a lawsuit. Brokers and agents should protect themselves with proper disclosure forms; sellers should properly disclose this Class Action Suit; landlords should disclose the lawsuit to current and prospective tenants.
Contact Attorney Robert Garcia, at Barry Miller Law to learn more. 407-423-1700 or [email protected]