What Florida Sellers Are Legally Required to Disclose (And What They're Not)

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

Florida sellers must disclose known facts that materially affect a home's value and that a buyer could not readily see for themselves. This duty comes from the Florida Supreme Court's decision in Johnson v. Davis (1985), and it still governs residential sales today.

Three conditions matter: you know about it, it materially affects value, and it isn't readily observable. When all three are true, disclosure is expected.

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 means you won't make 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.

Disclosures Florida Requires in Writing

Beyond the general rule, specific written disclosures apply to many sales:

• Flood disclosure. Since October 1, 2024, sellers of residential property must disclose, at or before contract, whether they have filed a flood insurance claim, received federal flood disaster assistance, or know of flood damage to the property (Fla. Stat. § 689.302).

• 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. Every Florida sales contract must include the radon gas notice (Fla. Stat. § 404.056).

• Lead-based paint. Homes built before 1978 require the federal lead-based paint disclosure.

What You're Not Required to Disclose

Not every imperfection is a disclosure item.

• Visible, ordinary wear. An older kitchen, worn flooring, or cosmetic damage a buyer can see during a showing is generally not a hidden defect.

• What you genuinely don't know. The duty covers known facts. You aren't required to discover problems you have no knowledge of.

• 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 typically costs far more than an honest disclosure ever would.

Disclosing up front also keeps you in control. Known issues get priced and negotiated at the start, on your terms, instead of surfacing later as leverage for the buyer.

The Bottom Line

Disclose what you know, document it in writing, and complete your seller's disclosure thoroughly. It's the most defensible position a Florida seller can take, and it protects the sale you've worked to build.

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?
Know what you're required to share before you list, not after an offer is on the table. Contact us, and we'll walk through what to prepare so nothing surfaces as a surprise at closing.

Written by Diana Joseph, polished with AI for clarity.