Florida Real Estate Disclosure Requirements for Sellers
Florida's disclosure laws protect buyers — but sellers who disclose properly also protect themselves from post-sale lawsuits. Here's what you're required to disclose.
List for $99 — No Closing FeesRequired Disclosures in Florida
Material Defects
Any known defect that affects the property's value or habitability must be disclosed — roof leaks, foundation issues, plumbing problems, HVAC failures, mold, pest damage.
Flood Zone Status
Whether the property is in a FEMA flood zone must be disclosed. Many Florida properties carry mandatory flood insurance requirements that significantly affect buyer costs.
HOA Details
Monthly/annual fees, special assessments, pending litigation, rules and restrictions, and financial health of the HOA must be disclosed (F.S. 720.401).
Lead-Based Paint
Federal law requires disclosure for homes built before 1978. Buyers must receive the EPA lead hazard pamphlet and have 10 days to conduct lead inspections.
Radon Gas
Florida law requires a radon gas notice on all contracts. Florida is a high-radon state (granite geology in parts of Central FL).
Sinkholes
If the property has a known sinkhole history or active sinkhole activity, this is a material fact requiring disclosure. Particularly relevant in Central Florida.
The Johnson v. Davis Standard
Florida's disclosure obligation stems from the 1985 Supreme Court case Johnson v. Davis, which established that sellers must disclose any facts that materially affect the value of the property that are not readily observable by the buyer and are known to the seller.
The "as-is" addendum (FAR/BAR As-Is Residential Contract) does NOT eliminate this obligation. Sellers must still disclose known material defects even on as-is sales — the as-is language only means the buyer accepts the condition of the property (they can still cancel during inspection period).
Frequently Asked Questions
What disclosures are required when selling a home in Florida?
Florida sellers must disclose all known material defects that affect the property's value or desirability. Key required disclosures include: flood zone status, HOA details, known defects (roof, foundation, plumbing, electrical), lead-based paint (pre-1978), and radon gas presence.
Does Florida require a seller's disclosure form?
Florida law (F.S. 689.261) requires sellers to disclose known material facts. While there's no mandated state form, the FAR-BAR Seller's Property Disclosure form is standard practice and strongly recommended.
What happens if I don't disclose something?
Failure to disclose a known material defect can result in the buyer rescinding the contract after closing, a lawsuit for damages, or both. Florida courts have held sellers liable for concealment even years after closing.
Related Florida Seller Resources
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