What Must You Disclose When Selling in Florida?

Florida’s “Material Defect” Disclosure Duty Explained

Florida’s disclosure law traces back to the landmark 1985 Florida Supreme Court decision Johnson v. Davis, which established a clear rule: a home seller must disclose any facts or conditions that materially affect the value of the property and that are not readily observable by a buyer. This duty applies to known defects — you are not required to hire inspectors to discover hidden problems you genuinely had no knowledge of. However, deliberately ignoring a problem you suspect exists — “turning a blind eye” — does not shield you from liability.

In practical terms, a defect is “material” when it would likely influence a reasonable buyer‘s decision to purchase or affect how much they would pay. Issues that affect health, safety, structural integrity, or long-term habitability consistently clear this bar. Minor cosmetic wear — a small paint scuff, a squeaky cabinet door — generally does not.

Common Items Florida Sellers Must Disclose

Below are the categories most frequently flagged on the FAR/BAR seller‘s disclosure form and in post-closing disputes in the Sarasota, Manatee County, and Longboat Key market:

Mike's team is definitely focused on doing what is right for the client! They took my phone calls directly or promptly returned them. When I asked for additional information about a listing they had it ready before they promised that they would. (When do you see anyone getting things done today before a promised deadline?) These guys are great. Not only do the know the market well, their greatest strength is that they are not "pushy" sales folks. It became evident very quickly that Mike has the entire team understanding that they work at the pace of the customer and that they do not "push". If you are looking for a "seasoned" real esate team, one who knows the market, and one that has the customer's interest at heart, Team Renick is the one!

– thomasbellaney, Zillow Review

Roof

Any known leaks, storm damage, prior repairs, or insurance claims related to the roof must be disclosed. Buyers routinely hire inspectors to examine roofs, but if you know of a chronic leak that you patched without professional repair, disclose it. The age of the roof is also typically noted on the disclosure form.

HVAC, Plumbing, and Electrical Systems

Known failures, persistent malfunctions, or deferred maintenance on air conditioning, heating, plumbing lines, water heaters, or electrical panels must be disclosed. In Florida’s climate, a failing HVAC system is squarely material — it affects habitability from day one.

Foundation and Structural Defects

Cracks in the slab, settling issues, or prior foundation repairs are among the most serious disclosure items. Evidence of ongoing movement or moisture intrusion through the foundation must be shared with prospective buyers.

We recently closed on our dream home due to Eric Teoh’s market knowledge and expertise. His grasp of the market and his hands on approach were instrumental to our successful purchase. Eric had remarkable market information available at a moment’s notice. He skillfully assisted us in preparing our strategy. He interfaced with our seller, assisting while remaining professional. I wholeheartedly recommend Eric Teoh as a valuable resource in any Sarasota real estate transaction.

– N Isaacson, Google Review

Flooding and Water Intrusion History

If your property has flooded — whether from storm surge, heavy rain, or a broken pipe — you must disclose it. This includes FEMA flood zone status and any prior insurance claims for water damage. Sarasota and Manatee County properties near the bay, the Intracoastal, or low-lying areas draw close buyer scrutiny on this point, especially since the 2024 hurricane seasons reshaped how buyers evaluate flood risk.

Termites and Wood-Destroying Organisms

Active termite infestations and prior treatments must be disclosed. Florida’s warm, humid climate makes termite history nearly universal in older homes; buyers expect to see treatment records, and withholding them creates legal exposure.

Sinkholes

Florida law specifically requires disclosure of known sinkhole activity. If a sinkhole has been confirmed on or near your property, or if you have filed a sinkhole-related insurance claim, that information must be shared. Sarasota and Manatee County both sit within the Central Florida Sinkhole Zone.

Prior Insurance Claims

A history of homeowner’s insurance claims — for wind damage, water intrusion, fire, or sinkholes — is material because it affects the buyer’s ability to obtain coverage and at what cost. Citizens Insurance underwriting guidelines, for example, weigh prior claim history heavily. Be forthcoming about any claims filed, even if repairs were completed.

Unpermitted Work and Code Violations

Additions, conversions, or renovations completed without proper permits under the Florida Building Code must be disclosed. Unpermitted work can block financing, delay or kill closings, and expose sellers to post-closing liability.

The Seller’s Disclosure Form: Your Best Protection

Florida does not mandate a single statewide disclosure form, but the FAR/BAR seller’s disclosure form has become the market standard. Most real estate transactions in Sarasota, Manatee County, and across the state use this document. While technically optional as a specific form, providing a written disclosure is strongly advisable because:

• It creates a documented record of exactly what you told the buyer and when.
• It reduces post-closing disputes by making the disclosure event clear and signed.
• It protects you legally — a properly completed and signed form is your primary evidence if a buyer later claims you hid something.

Work through the form carefully with your agent. If you are unsure whether something qualifies as material, disclose it. The cost of over-disclosure is zero; the cost of under-disclosure can be severe.

What You Are NOT Required to Disclose

Disclosure obligations have real limits. Florida sellers are generally not required to disclose:

• Non-material cosmetic defects — scuffed baseboards, minor paint chips, worn carpet that is visually obvious.
• Items observable during a normal walkthrough — a buyer who tours the home and can see a cracked tile is on notice of that condition.
• Psychological stigma — Florida law does not require sellers to disclose that a death (other than those involving infectious disease) occurred on the property, nor prior criminal activity.
• Defects you genuinely did not know about — you cannot disclose what you do not know. However, document your good-faith basis for any “unknown” answers on the disclosure form.

As-Is Sales Still Require Full Disclosure

Selling your Sarasota or Longboat Key home “as-is” is a valid and common strategy — but it does not eliminate your disclosure obligations. “As-is” simply means you are not agreeing to make repairs based on what the buyer’s inspector finds. It does not mean you can conceal known defects. Courts in Florida have consistently held that as-is language in a contract does not override the seller’s statutory duty to disclose material facts.

Buyers in an as-is transaction still have the right to inspect and, typically, to cancel if the inspection reveals conditions they find unacceptable. Your obligation is to make sure they are not discovering things you already knew — those disclosures must happen before or at the time of contract, not after.

The Real Risk of Hiding a Material Defect

Post-closing litigation over concealed defects is one of the most common real estate disputes in Florida. A buyer who proves that you knew of a material defect and deliberately failed to disclose it can pursue:

• Rescission of the sale — the transaction is unwound and you take the property back.
• Compensatory damages — the cost of repair or the difference in value.
• Up to three times actual damages plus attorney’s fees under Florida’s civil theft and deceptive practice statutes, depending on the facts.

In a market where Sarasota median sale prices in 2026 remain above $450,000 and buyers are more inspection-savvy than ever, the financial exposure from non-disclosure is substantial. The disclosure conversation with your agent before listing is far less expensive than a lawsuit after closing.

Practical Steps Before You List

1. Order a pre-listing inspection. Knowing your property’s condition lets you make informed disclosures and pricing decisions before a buyer’s inspector finds surprises.
2. Gather your records. Pull permits, insurance claim histories, repair invoices, and any inspection reports from your purchase. Attaching documentation to your disclosure strengthens your position.
3. Complete the FAR/BAR disclosure form carefully. Go room by room and system by system. Answer “unknown” only when you genuinely do not know — not to avoid a difficult answer.
4. Update the disclosure if anything changes. If a pipe bursts between contract and closing, you must update the buyer. Disclosure is not a one-time event.
5. Keep everything in writing. Verbal disclosures are far harder to prove. Written, signed forms protect you.

Frequently Asked Questions

What kinds of defects do Florida sellers have to disclose?

Florida sellers must disclose all known material defects that a buyer cannot easily observe. In this post, that includes roof leaks, HVAC failures, plumbing problems, foundation damage, flooding history, termites, sinkholes, prior insurance claims, and unpermitted work or code violations. Minor cosmetic wear that a buyer can see during a normal walkthrough is not in that category.

Does selling a Sarasota or Longboat Key home as-is remove disclosure duties?

No. An as-is sale in Sarasota or Longboat Key means you are not agreeing to make repairs based on the buyer’s inspection, but it does not let you hide known defects. The post is clear that Florida courts treat as-is language as separate from the seller’s duty to disclose material facts before or at the time of contract.

How does the FAR/BAR seller’s disclosure form help Florida sellers?

The FAR/BAR seller’s disclosure form gives you a written record of what you told the buyer and when. The post says it reduces post-closing disputes, makes the disclosure event clear and signed, and gives you your best evidence if a buyer later claims you hid something. In Sarasota and Manatee County, it is the market standard even though Florida does not require one single statewide form.

What should you do before listing a Florida home if you are unsure about a defect?

Disclose it. The post says if you are unsure whether something qualifies as material, you should disclose it, and the cost of over-disclosure is zero. It also recommends a pre-listing inspection, gathering permits and insurance claim records, and completing the disclosure form room by room and system by system in writing.

To search for local properties: search.teamrenick.com
To read more insights: blog.teamrenick.com