SELLER RESOURCE

Florida Seller Disclosure Requirements: What You Must Tell Buyers

Florida law requires home sellers to disclose all known material facts that could affect the value or desirability of the property — even if the buyer doesn't ask. Understanding your disclosure obligations protects you from post-closing lawsuits and ensures a clean, defensible sale.

List My Home — $99 How It Works →

Florida's Disclosure Law: Johnson v. Davis Standard

Florida follows the "Johnson v. Davis" standard from a 1985 Florida Supreme Court case: sellers must disclose any facts known to the seller that materially affect the value of the property and are not readily observable by the buyer. This is broader than many states' disclosure requirements — it's not just about what's on a form; it's about what you know. Key implications: (1) If you know about a problem, you must disclose it — even if it's been repaired. (2) "Not readily observable" means things a buyer couldn't find through a reasonable visual inspection. (3) You cannot hide behind an as-is contract — disclosures are still required in as-is sales.

What Must Be Disclosed

Common required disclosures in Florida: Structural/foundation issues (even if repaired). Roof leaks or roof condition (including age). Plumbing leaks, water intrusion, or moisture issues. Electrical system problems. HVAC issues. Pest/termite damage or treatment history (Florida requires termite disclosure). Mold presence or prior mold remediation. Flood history or flood zone designation. Sinkholes (Florida has specific sinkhole disclosure law). HOA rules, assessments, pending litigation, or deed restrictions. Any code violations or unpermitted work. Known neighbor disputes or easement issues. Environmental hazards (lead paint for pre-1978 homes — federal requirement).

The Florida Disclosure Form

Florida Realtors provides a standard Seller's Property Disclosure form that covers most required categories. On this form, you answer yes/no/unknown to dozens of conditions and provide explanations for any "yes" answers. Important: (1) You don't need to disclose what you genuinely don't know — "unknown" is a valid answer. (2) You must disclose problems you knew about even if fixed — buyers want to know the history. (3) Flat fee MLS sellers can obtain the standard Florida disclosure form from their broker or the Florida Realtors website. (4) Provide disclosure to buyers promptly after contract execution — typically within 3 business days.

FREQUENTLY ASKED QUESTIONS

Common Questions

Can I sell my Florida home "as-is" without disclosing problems?

No. "As-is" means the buyer is accepting the property in its current condition and cannot demand repairs. It does NOT eliminate your obligation to disclose known defects. You must still disclose all known material facts on the seller disclosure form. Failure to disclose in an as-is sale creates the same legal liability as in a traditional sale.

What happens if I fail to disclose a defect in Florida?

Buyers can sue for fraudulent misrepresentation, negligent misrepresentation, or breach of contract after closing. Remedies may include rescinding the sale, damages for repair costs, or in egregious cases, punitive damages. Florida courts have consistently held sellers liable for non-disclosure of known material defects even years after closing.

Do I have to disclose deaths in the property in Florida?

Florida law (F.S. 689.261) states that sellers are NOT required to disclose that a person died in the property or that the property was the scene of a homicide, suicide, or death. However, you should not actively misrepresent the property's history if directly asked.

What is the Florida lead paint disclosure requirement?

Federal law (not just Florida) requires disclosure of known lead-based paint hazards for homes built before 1978. Sellers must provide an EPA-approved disclosure form and give buyers 10 days to conduct a lead paint inspection. This applies to all pre-1978 homes regardless of state. Failure to comply with federal lead paint disclosure can result in significant penalties.

READY TO LIST?

Get Your Home on the Florida MLS for $99

Start My $99 Listing →Compare Packages →Find My City →FL Flat Fee MLS Guide →

All listings placed by a licensed Florida real estate broker (FL #BK3276618) ↗ — verified via the Florida DBPR.

Listed by Licensed Florida Broker · Pure Equity Realty · Verify FL License #BK3276618 ↗Learn about our flat fee MLS listing Florida service →