4 Disclosure Mistakes Sellers Make in Longboat Key
4 Disclosure Mistakes Sellers Make in Longboat Key
Quick Answer
The four biggest disclosure mistakes Longboat Key sellers make are: hiding past or repaired defects, failing to disclose unpermitted work, submitting incomplete or vague disclosure forms, and not updating disclosures when new issues arise before closing. Florida law – specifically, the seller’s duty under Florida Statute 689.25 – requires you to disclose all known material defects, even if you think they’re “fixed” or minor. If you skip or fudge these details, buyers can cancel the contract, demand steep price reductions, or sue for damages after closing. I’ve seen deals fall apart over undisclosed flood damage or unpermitted lanais, costing sellers $10,000 – $50,000 in lost proceeds or legal fees. When buyers or their inspectors uncover these mistakes late, you risk losing your deposit window, blowing your closing timeline, or ending up in court. Call me at 941.400.8735 or reach out directly to Michael Renick – I’ll share my approach with you.
Mistake #1 – Not Disclosing Past or Repaired Defects
Florida sellers are required to disclose all known material defects, including those that have been repaired, according to Florida Statute 689.25 and standard seller disclosure forms. Many sellers wrongly believe that if a roof leak, flood, or termite issue was fixed, it doesn’t need to be mentioned. In Longboat Key, where salt air and storms make prior water intrusion common, omitting a repaired leak or flood event is a deal killer – buyers and their insurers are on high alert for these issues. I’ve seen buyers walk away from $1.2 million contracts when they discover a “past” roof leak wasn’t disclosed, even though it was patched, because it raised questions about mold and insurance. Concealing this history can trigger lawsuits or force you to pay for repairs long after closing.
When my husband Mike and I bought our condo at Seaplace212 in 2018, we were fortunate that we had the Renick Team on our side. Eric & Mike are very Professional and honest with full disclosure. I am a licensed Real Estate agent in Florida. I feel comfortable referring my clients to Eric and Mike. I know that they will receive competent representation.
– Marge Nuzzo, Google Review
Mistake #2 – Failing to Disclose Unpermitted or Non-Code Work
Unpermitted additions, enclosed lanais, decks, or structural changes must be disclosed on Florida’s standard forms, and Longboat Key’s coastal permitting rules make this even more critical. If you’ve added a room, enclosed a porch, or made structural changes without permits, buyers will find out – municipal searches, title work, and inspections in this area are thorough due to strict coastal regulations. I’ve seen a deal delayed by three weeks and nearly collapse when a buyer‘s lender flagged an unpermitted sunroom; the seller had to pay $8,000 for after-the-fact permitting and repairs. If you hide unpermitted work, you risk closing delays, forced price cuts, or even contract termination.
Mistake #3 – Submitting Incomplete or Vague Disclosure Forms
Leaving questions blank, skipping sections, or failing to explain “yes” answers on the seller‘s disclosure form is treated as incomplete disclosure and exposes you to claims of concealment. Florida disclosure forms specifically ask about roof leaks, flood history, termites, and association disputes – blank or vague answers erode buyer trust. In Longboat Key, buyers expect detailed, transparent disclosures due to the high value and age of many properties. I’ve seen buyers cancel during the inspection period simply because a seller left the flood history section blank, costing the seller a $25,000 price reduction on the next offer. Incomplete disclosures give buyers an easy out and can trigger legal claims after closing.
Mistake #4 – Not Updating Disclosures When New Problems Arise
Sellers often treat the disclosure as a one-time document, but if a new defect appears before closing – like a fresh AC breakdown, roof leak, or storm damage – you must update the disclosure. Florida best practice and standard contracts expect sellers to update buyers if anything material changes before closing. In Longboat Key, where storms can hit between contract and closing, failing to update disclosures can lead to buyers refusing to close or demanding emergency repairs. I’ve seen a deal nearly fall apart when a new roof leak appeared two days before closing and the seller hadn’t told the buyer; the buyer demanded a $12,000 credit at the last minute. Not updating disclosures puts your closing, your proceeds, and your legal exposure at risk.
How to Protect Yourself Before You Commit
- Use the Florida Seller’s Property Disclosure Form: Complete every section, and don’t leave blanks or vague answers.
- Disclose All Known Past and Present Defects: List repaired leaks, termite treatments, and any history of flooding or storm damage.
- Check for Unpermitted Work: Review your permits and disclose any additions or renovations that might not be up to code.
- Update Disclosures Immediately if New Issues Arise: If something breaks or is damaged before closing, notify the buyer in writing.
- Consult a Local Broker or Real Estate Attorney: Get a professional review of your disclosure package before listing.
Let’s continue this conversation.
Call me at 941.400.8735 or schedule a 15-minute call. I’ll tell you what I would look for.
Call 941.400.8735 or Schedule a Call
Team Renick provided great service when we used their expertise to purchase our condo at Seaplace. We could not have asked for better service, and professionalism throughout our experience. They were always available to answer questions and guide us through the maze of our real estate transaction. Seamless and wonderful personal service was provided by Mike and Eric. We could not imagine using anyone else for the sale or purchase of a property on Longboat key.
– Paul Gold, Google Review
What a Local Agent Catches That You Won’t See in the Listing
In Longboat Key, I’ve caught sellers who thought a repaired seawall crack or a patched roof leak didn’t need to be disclosed – until the buyer’s inspector found water stains in the attic. That deal almost died, but because I knew the local disclosure expectations, we provided repair documentation and salvaged the closing with a negotiated credit. In another case, a seller failed to mention an unpermitted lanai enclosure; I caught it during the listing process, helped them get after-the-fact permits, and avoided a $15,000 last-minute price drop. Local knowledge of coastal permitting and disclosure standards saves deals and keeps you out of legal trouble.
Questions Clients Actually Ask
Do I have to disclose problems that have already been fixed?
Yes, Florida law requires you to disclose all known material defects, even if they were repaired, according to Florida Statute 689.25. Buyers expect to see both past and present issues on the disclosure form, and hiding repairs can lead to lawsuits or lost deals.
What happens if I leave something off the disclosure by accident?
If you genuinely didn’t know about a defect, you’re less likely to be liable, but if the buyer or their inspector discovers something you should have known, you could face contract termination or legal claims. It’s always safer to disclose more rather than less.
Does an “as-is” contract mean I don’t have to disclose anything?
No, even in an “as-is” sale, Florida law still requires you to disclose all known material defects. Buyers can sue for fraudulent nondisclosure if you hide problems, regardless of the contract type.
What To Do Right Now
Pull your last 12 months of repair invoices and maintenance records, and review them against the Florida Seller’s Property Disclosure Form before you list.
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Michael Renick · Licensed Florida Real Estate Broker
License #BK3241900 · Verify on Florida DBPR
Mangrove Realty Associates Inc / Team Renick · Serving Sarasota & Manatee Counties since 2011
About the Author
I’m Michael Renick — a Florida West Coast broker with over 15 years guiding families through some of the biggest decisions of their lives. I’ve built my practice on hard work, honesty, and total transparency. No shortcuts, no spin — just straight answers, deep market knowledge, and the dedication my clients deserve from start to close.
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