Seller Disclosure Requirements in Florida

The core duty, read from the seller's chair

Johnson v. Davis turns on three questions. Ask them about anything you know regarding your home:

• Do I actually know it? The duty covers your knowledge. You are not required to investigate, but you cannot pretend not to know what your contractor told you.
• Would it change what a reasonable buyer pays or whether they buy? A roof that leaked last summer, a slab crack, recurring drain backups, unpermitted additions, a past termite infestation and settlement of the foundation all usually qualify.
• Could the buyer see it on an ordinary visit? Problems hidden behind fresh paint, under flooring or in the attic are not readily observable.

If the answer to all three is yes, disclose it. An AS IS contract does not change this. It means you are not promising repairs, while the duty to disclose known hidden defects stays in place. Repaired problems are a gray area many sellers get wrong. If the repair was complete and permitted, disclosing it with the invoice usually helps you. If the problem could come back, such as a roof leak patched instead of replaced, it is still a known issue.

Written notices Florida law requires

Beyond the general duty, specific laws require these, depending on the property:

• Flood disclosure. For residential sales, at or before signing: known flood damage during your ownership, any flood insurance claims you filed, and federal flood assistance you received.
• Radon gas notice. Statutory wording that must appear in the contract or be delivered before signing. Standard Florida contracts include it.
• Lead-based paint. Homes built before 1978 need the federal disclosure form, any reports you have, the EPA pamphlet, and an opportunity for the buyer to test.
• Property tax disclosure summary. Warns the buyer that your taxes will not be theirs, because the assessment resets after a sale.
• HOA disclosure summary for homes in a mandatory homeowners association, and the full document package for condos.
• CDD notice where a Community Development District levies assessments.
• Sinkhole claim. If you made a sinkhole claim that your insurer paid, you must tell the buyer before closing that it was paid and whether the full amount went to sinkhole repairs.
• Code enforcement. If a code enforcement proceeding is pending, you must disclose it in writing before transfer, give the buyer copies of the pleadings and notices, and state that the new owner must comply. Within five days after the transfer you must notify the code enforcement office of the new owner. Skipping the disclosure creates a presumption of fraud.

What Florida says you do not have to disclose

Florida law states that certain facts are not material facts that must be disclosed in a real estate sale. Under section 689.25, that includes the fact that a property was the site of a death, homicide or suicide, and that an occupant was infected with HIV or diagnosed with AIDS. Facts that are readily observable, such as visible wear on flooring or an older kitchen, also fall outside the duty.

Not required does not mean you should mislead. If a buyer asks you a direct question, do not give a false answer. A truthful no comment, or a referral to your attorney, is safer than a lie that can be proved later.

Filling out the seller's property disclosure form

Florida has no single mandatory resale disclosure form, but most sellers complete the Florida Realtors seller's disclosure or a similar checklist. It is your written record of what you told the buyer, so treat it like a sworn statement:

• Answer from records. Pull roof permits, repair invoices, insurance claim letters, termite treatment contracts and permit history before you start.
• Use unknown only when you truly do not know. Checking unknown for the age of a roof you replaced invites a dispute.
• Explain yes answers in a sentence and attach proof: what happened, when, who fixed it, and whether it was permitted.
• Update it in writing if something changes before closing, such as a new leak after a storm.

Your listing agent has a separate duty under Florida law to disclose known facts that materially affect value, so do not ask an agent to keep something quiet.

The case for a pre-listing inspection

A pre-listing inspection gives you the buyer's report before the buyer has it. You can repair, get estimates or price in problems before negotiations, instead of reacting during a short inspection period. The tradeoff is real: whatever the inspector finds, you now know, and known material hidden defects must be disclosed. For most homes that is an advantage, because buyers find the same things anyway. A current wind mitigation report and a 4-point inspection on an older home do double duty, since they also help the buyer get insurance quotes quickly.

Condo and HOA sellers: what the documents do not say

Association documents cover budgets, reserves and rules. Sellers often know things before the paperwork does: an assessment the board is discussing, a lawsuit, water coming in from the unit above, or milestone inspection repairs the board has started pricing. If you know about a pending special assessment or a recurring leak into your unit, it is the kind of fact that affects value. Disclose what you know and let the buyer verify with the association. The estoppel certificate at closing confirms amounts owed; it will not cover what you knew and did not say.

What happens when a seller does not disclose

A buyer who proves you knew of a material hidden defect and did not disclose it can sue for damages, and in serious cases ask a court to undo the sale. Fraud claims can also include the buyer's legal costs and may not be cut off by AS IS language. Most of these cases come down to evidence of what the seller knew: invoices, emails with contractors, insurance claims, neighbors' testimony. The same records that would sink a seller who stayed silent protect a seller who disclosed. This isn't legal or tax advice. If you are unsure whether something must be disclosed, a short consult with a Florida real estate attorney before listing costs far less than a dispute after closing.