Florida law requires sellers to disclose all known material defects that could affect the value of a property — regardless of whether you have a listing agent. Understanding your disclosure obligations before you list protects you from legal liability after closing and ensures a smooth transaction.
Florida's Seller Disclosure Law
Florida follows the 'Johnson v. Davis' standard (established by the Florida Supreme Court in 1985): sellers must disclose any facts that materially affect the value of a property that are not readily observable by the buyer and that the buyer cannot be expected to discover. This is a broad standard — when in doubt, disclose.
Florida does not require a standardized seller disclosure form by statute, but the Florida Association of Realtors Seller's Property Disclosure form is standard industry practice and strongly recommended for all residential transactions.
Required Florida Seller Disclosures
- Seller's Property Disclosure (SPD): covers known defects in structural systems, roof, HVAC, plumbing, electrical, windows, and appliances. The Florida Realtors SPD is the standard form.
- Lead-Based Paint Disclosure: federally required for all homes built before 1978. Sellers must provide a lead-based paint disclosure and give buyers a 10-day inspection period.
- HOA/Condo Disclosure: if the property is subject to an HOA or condominium association, Florida law (Chapter 720 for HOAs, Chapter 718 for condos) requires specific disclosures including rules, fees, pending special assessments, and the right to cancel.
- Flood Zone Disclosure: Florida requires sellers to disclose whether the property is in a Special Flood Hazard Area (SFHA) as determined by FEMA. Check your flood zone at FEMA's Flood Map Service Center.
- Sinkhole Disclosure: Florida sellers must disclose any known sinkhole activity or claims related to the property. Sinkhole insurance claims history must also be disclosed.
- Radon: Florida requires a standard radon disclosure statement informing buyers that radon is a naturally occurring radioactive gas present in parts of Florida.
What You Don't Have to Disclose in Florida
Florida Statute 689.25 specifically states that sellers are NOT required to disclose:
- That the property was the site of a homicide, suicide, or death not related to the condition of the property
- That a previous occupant had HIV/AIDS
- That the property is located in a high crime area (though buyers can research this themselves)
Defects You Must Disclose
Common Florida disclosure issues that are frequently missed and commonly lead to post-closing litigation:
- Roof condition and age — especially critical in Florida's wind-exposed coastal markets; if you know the roof has leaked or been repaired, disclose it
- Chinese drywall — if your home was built between 2001–2008, Chinese drywall may be an issue in some Florida markets; must be disclosed if known
- Mold or water intrusion — any known mold, water damage, or prior flooding must be disclosed
- Plumbing issues — polybutylene pipes (common in 1978–1995 construction) and galvanized pipes are material facts
- Hurricane or flood damage — any prior flood damage or storm damage must be disclosed, including repaired damage
- Insurance claims — prior insurance claims, especially windstorm and water claims, are material facts in Florida
- Code violations — any open permits, unpermitted additions, or code violations must be disclosed
Getting Your Disclosure Forms
If you're listing flat fee MLS with us, the required Florida disclosure forms are provided as part of your listing package. If you need to obtain them independently, the Florida Realtors forms are available through Florida Association of Realtors members, and many title companies will provide them as part of the closing process.
What Happens if You Don't Disclose?
Failure to disclose known material defects in Florida can result in: buyer rescission of the contract (cancellation), lawsuit for damages, and in cases of intentional fraud, potential criminal liability. Florida courts have consistently found for buyers in cases where sellers concealed known material defects. Disclose everything you know — it protects you legally and prevents post-closing disputes.
How to Complete Florida Seller Disclosures Correctly
Florida's seller disclosure requirements focus on known material defects — not speculation about what might be wrong. You disclose what you know. If you've never had a roof leak, you mark 'no.' If you had one repaired three years ago, you disclose it and note the repair. A properly completed disclosure is your legal protection, not a negotiating liability.
Most Florida disclosure disputes arise from sellers who discovered a problem, fixed it, and didn't disclose the original condition. Courts consistently rule against sellers who can prove they knew about a defect even after remediation. Therefore, the safest approach is to disclose every material condition you've known about, including those you've repaired — then explain the repair in your disclosure narrative. Buyers generally accept disclosed-and-repaired defects more readily than undisclosed ones discovered during inspection.
Additionally, be thorough about HOA and condo association matters. Florida law requires sellers to disclose all HOA and condo documents, pending special assessments, and known rule violations. Many post-closing disputes in Florida arise from undisclosed upcoming assessments that the buyer first learns about from the association after closing. Providing the HOA documents, current financials, and any known assessment votes upfront — before the inspection period — reduces the risk of a buyer cancellation over financial surprises. In other words, full upfront transparency accelerates closings rather than delaying them. Furthermore, your flat fee MLS listing includes all required Florida disclosure forms, so your disclosure packet is complete from the moment your home goes live on the MLS.