Pricing and preparing your home are only part of selling in Florida. Before you list, you also need to know what the law requires you to tell a buyer, and where that obligation ends.
Getting this right protects your sale. Getting it wrong can follow you well past closing.
The Core Rule: Known, Material, and Hidden
Under Johnson v. Davis (1985), Florida sellers must disclose known facts that materially affect a home's value when those facts aren't readily observable and aren't already known to the buyer. That duty still governs residential sales today.
Four conditions matter: you know about it, it materially affects value, it isn't readily observable, and the buyer doesn't already know. When all four are true, disclosure is required.
Examples typically include:
Structural problems
Roof leaks or roof damage
Water intrusion or recurring leaks
Known plumbing or electrical defects
Mold or other environmental concerns
Past damage that still affects the property
Selling "As Is" Doesn't Change This
An as-is sale generally means the buyer accepts the property's condition rather than asking you to fix inspection findings, though the parties can still agree to repairs. It does not remove your duty to disclose known hidden defects. A buyer can still pursue a claim after closing if a known problem was concealed.
Other Required Disclosures
Beyond the general rule, specific disclosures apply to many sales. Common examples include:
Flood disclosure. Sellers of residential property must complete and provide the state flood disclosure form at or before the contract is signed (Fla. Stat. § 689.302). Since October 1, 2025, the form covers any flooding that damaged the property while you owned it, any insurance claim for flood damage, and any assistance received for flood damage from any source, including FEMA.
HOA disclosure. If the home is in a homeowners' association, the buyer must receive a disclosure summary before signing the contract (Fla. Stat. § 720.401).
Radon notice. Florida requires the radon gas notice on at least one document signed at or before a contract to buy a building, and standard contracts commonly include it (Fla. Stat. § 404.056).
Lead-based paint. Most homes built before 1978 require the federal lead-based paint disclosure, with limited exceptions. Sellers must share known lead information and records, give the buyer the EPA pamphlet, and offer a 10-day window for a lead inspection unless the buyer waives it.
Depending on the property, others can apply, including known sewer-line defects, paid sinkhole claims, energy-efficiency information, and condominium documents.
What You're Not Required to Disclose
Not every imperfection is a disclosure item.
Visible, ordinary wear. An older kitchen or worn flooring a buyer can see during a showing is generally not a hidden defect. But a visible stain or crack doesn't always reveal its cause. If you know about an underlying problem, the visible symptom doesn't replace disclosing it.
What you genuinely don't know. The general duty covers known facts; you aren't required to investigate for problems you have no knowledge of. Required forms, like the flood disclosure, still apply.
Certain events on the property. Florida law states that a death on the property, including a homicide or suicide, is not a material fact that must be disclosed (Fla. Stat. § 689.25).
One caution: if a buyer asks you a direct question, answer it truthfully. Declining to volunteer something is different from misrepresenting it.
The Mistake Sellers Make: Staying Silent
Saying nothing can feel safer. It isn't. A nondisclosure dispute after closing can bring litigation costs and liability.
Disclosing up front also gives you more control. Known issues can be priced and negotiated at the start, instead of surfacing later as leverage for the buyer.
The Bottom Line
Disclose what you know, document it in writing, and complete every disclosure form your contract and Florida law require. Accurate, timely disclosure creates a clear record of what you shared and reduces the risk of disputes that can derail a sale.
Disclaimer: This article is for general informational purposes only and is not legal advice. Disclosure requirements can depend on the specific circumstances of a transaction. Consult a qualified Florida real estate attorney for advice regarding your situation.
Selling a Florida Property?
The Estates Home Sales & Rentals, LLC
Know what you're required to share before you list, not after an offer is on the table. Contact us, and we'll help you organize what to prepare early, so fewer issues surface as surprises at closing.
Written by Diana Joseph, polished with AI for clarity.
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