What Must Florida Sellers Disclose to Buyers?

Florida’s Seller Disclosure Law: The Johnson v. Davis Standard

Florida does not have a codified seller disclosure statute the way many states do. Instead, the obligation to disclose comes from case law — specifically the 1985 Florida Supreme Court ruling in Johnson v. Davis. Under this standard, a seller must disclose any facts that:

• The seller knows materially affect the value of the property,
• Are not readily observable by the buyer, and
• Are not known to the buyer.

This is an active duty, not a passive one. Sellers cannot simply stay silent about a known problem and claim the buyer “should have found it.” The duty to disclose applies whether or not the buyer asks the right questions.

While there is no state-mandated disclosure form, most real estate professionals use the Florida Realtors / Florida Bar disclosure forms (included in the FAR/BAR contract package) to document the seller’s representations in writing. Using a written form is strongly advisable — it creates a clear record of what was disclosed and when.

What Must Florida Sellers Disclose?

The question sellers always ask is: what exactly do I have to disclose? The honest answer is: anything material that you know about. Here are the most common categories:

Structural and Physical Defects

• Roof leaks, past or present, and the age and condition of the roof
• Foundation issues, settling, or cracking
• HVAC, plumbing, or electrical systems that are known to be defective
• Water intrusion, flooding, or moisture damage (including past events that have been remediated)
• Mold that is known or has been remediated
• Pest infestation, termites, or wood-destroying organisms and any treatment history

Flood and Environmental Issues

• Known flooding history, even if FEMA flood maps do not label the property as a high-risk zone
• Flood zone designation (buyers will discover this, but disclosing it builds trust)
• Known environmental contamination, underground storage tanks, or soil issues
• Lead-based paint disclosure (required by federal law for homes built before 1978)

HOA and Deed Restrictions

• The existence of a homeowners association and the current fee amounts
• Any pending special assessments
• Any known violations of HOA rules related to your property
• Deed restrictions that could limit the buyer’s use of the property

Legal and Title Issues

• Known boundary disputes with neighbors
• Encroachments on the property
• Easements that restrict use (beyond what appears on the survey)
• Any pending litigation related to the property
• Unpermitted work or improvements that were done without building permits

Insurance History

• Prior insurance claims on the property — particularly for wind, water, or fire damage
• Known current issues that might affect the buyer’s ability to obtain homeowners insurance

What Florida Sellers Do NOT Have to Disclose

Florida law explicitly limits disclosure requirements in some areas. Sellers do not have to disclose:

• Deaths on the property: Under Florida Statute 689.25, sellers are not required to disclose that a death occurred on the property, whether by suicide, homicide, or natural causes — unless the buyer specifically asks and the seller knows.
• Psychological stigma: A property being the scene of a crime (other than a homicide where disclosure is made on direct inquiry) is not required to be disclosed.
• Sex offender registrations: Florida statute protects sellers from liability for failing to disclose whether a registered sex offender lives in the vicinity. Buyers can research this themselves via the Florida Sex Offender Registry.
• Readily observable conditions: If a condition is visible and obvious — a damaged screen door, a crack in a wall tile — sellers are generally not required to point it out. “Readily observable” is, however, a legal question that has been litigated. When in doubt, disclose.

The Consequences of Non-Disclosure in Florida

Failing to disclose a known material defect can have serious consequences:

• Rescission: The buyer can void the contract and get their deposit back (and potentially sue for transaction costs incurred).
• Damages: A buyer who discovers a non-disclosed defect post-closing can sue for the cost to repair the defect or the diminution in property value.
• Real estate license discipline: If a licensed agent assisted in a transaction involving non-disclosure, the Florida Real Estate Commission can take action against the licensee’s license.

The practical advice: when you are unsure whether something needs to be disclosed, disclose it. The cost of over-disclosing is a buyer who negotiates a small repair credit. The cost of failing to disclose a material defect can be the entire transaction — or worse.

The Seller Disclosure Process in Practice

Here is how disclosure actually works in a Florida real estate transaction:

1. Your agent provides a disclosure form — typically the Florida Realtors/Florida Bar standard disclosure questionnaire — before or immediately after listing.
2. You complete it honestly and thoroughly. This is not a document to rush. Take time to think through every system, every repair, every claim, every conversation with neighbors about drainage or flooding.
3. The disclosure is provided to buyers as part of the listing information or upon contract. The FAR/BAR As-Is contract gives buyers a specific inspection and due diligence period.
4. During the inspection period, the buyer’s inspector will identify issues independently. Your disclosure is a supplement to — not a replacement for — the buyer’s inspection.
5. Buyers may request repairs or credits based on the inspection. How you respond is a negotiation. Under the As-Is contract, you are not obligated to make repairs, but the buyer retains the right to cancel if they are not satisfied.

Questions Clients Actually Ask

Does Florida require a seller disclosure form?

No — Florida does not have a mandatory statutory disclosure form. However, the legal duty to disclose material defects is established by case law (Johnson v. Davis). Using a written disclosure form is strongly recommended because it creates a documented record of what you disclosed. Most Florida Realtors use the standard forms included in the FAR/BAR contract package.

Do I have to disclose if my house flooded?

Yes. Known flooding history is a material defect that must be disclosed under Florida’s Johnson v. Davis standard. This applies even if the flooding event was remediated and the property shows no visible signs of past water damage. Florida has strengthened its stance on flood disclosure in recent years, and buyers are increasingly asking specifically about flood history. Disclosing it fully protects you from post-closing liability.

What if I don’t know about a defect?

The disclosure obligation is limited to what you actually know. You are not required to hire inspectors to discover defects before listing (though pre-listing inspections are sometimes strategically useful). If you genuinely did not know about a defect, you are not liable for failing to disclose it. However, “I didn’t know” is harder to sustain if a court finds the defect was obvious or if your own repair records contradict you. Document your disclosures and keep copies.

Can a buyer sue me after closing if they find a problem?

Yes, if the problem involves a known material defect that was not disclosed. Florida courts have upheld buyer rescission and damages claims years after closing in cases where sellers knowingly concealed defects. The statute of limitations for fraud-based claims in Florida is generally four years from discovery. This is why accurate disclosure is important — it limits your exposure after the sale is complete.

Do I have to disclose repairs I made?

Yes, in most cases. If you repaired a defect — fixed a roof leak, treated mold, remediated water intrusion — you should disclose both the original problem and the repair. Disclosing a completed repair is not the same as disclosing an active defect; most buyers accept properly repaired issues without issue. Concealing the history of a repaired defect, however, creates exactly the kind of non-disclosure exposure you want to avoid.

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