What Are Common Disclosure Requirements in Sarasota County?
What Are the Common Disclosure Requirements in Sarasota County Real Estate?
Quick Answer
In Sarasota County, sellers must disclose all known facts that materially affect a property’s value and are not readily observable to the buyer, as required under the Johnson v. Davis doctrine and Florida law. This includes mandatory flood disclosure (FD-1 form as of October 1, 2024), radon gas warnings, HOA or condo association obligations, coastal construction restrictions, property tax warnings, and – if built before 1978 – lead-based paint disclosures. Failing to provide these can lead to contract termination, forced price renegotiations, or even lawsuits if buyers discover undisclosed issues like prior flooding, unpermitted work, or hidden structural damage during inspections. In Sarasota, undisclosed flood history or HOA fees have killed deals days before closing, costing sellers thousands in lost deposits and wasted months. Most of these disclosures must be made before or at contract signing, and buyers often walk if they spot omissions during due diligence. Call me at 941.400.8735 or reach out directly to Michael Renick – I’ll share my approach with you.
How Disclosure Works in Sarasota County
Florida Statute 689.25 and the Johnson v. Davis rule require all Sarasota sellers to disclose known material facts that affect property value and are not obvious to buyers. There is no single statewide disclosure form, but in Sarasota the Florida Realtors Residential Seller‘s Property Disclosure is the standard, covering structure, systems, legal issues, and environmental hazards. As of October 1, 2024, the FD-1 flood disclosure form is mandatory for all residential sales, requiring sellers to state flood zone status, flood history, insurance claims, and disaster assistance. Every contract must also include a radon warning, and sellers in HOA or condo communities must provide association documents and fee details. For properties seaward of the Coastal Construction Control Line, sellers must disclose erosion risks and construction restrictions, which is especially common on Siesta Key, Lido Key, and Casey Key.
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
How Disclosures Are Negotiated and Delivered
In Sarasota, disclosures are typically delivered before or at contract signing, either as part of the offer package or as a contract addendum. Buyers often request additional documentation – like permit histories or insurance claims – if the initial disclosures raise red flags. While “as is” contracts are common, Florida courts have ruled that sellers cannot use “as is” language to avoid disclosing known defects. HOA and condo documents are a negotiation point: buyers may back out or demand concessions if they discover high fees, special assessments, or restrictive rules after reviewing the disclosures. In my experience, deals fall apart most often when sellers try to minimize or delay disclosure of flood or storm damage, unpermitted additions, or pending code enforcement actions.
Exceptions and Special Cases in Sarasota
Not every property or transaction triggers all disclosures. For example, federal lead-based paint disclosure only applies to homes built before 1978. Properties outside mandatory HOA or condo associations do not require association disclosures, but sellers must still disclose any known deed restrictions or easements. If a property is not seaward of the Coastal Construction Control Line, coastal erosion and construction restriction disclosures are not required. Florida law does not require disclosure of deaths, homicides, suicides, or HIV/AIDS status of prior occupants, though sellers cannot lie if asked directly. Pending code enforcement actions must be disclosed in writing, and the new owner becomes responsible for compliance – this is a frequent issue in older Sarasota neighborhoods with historic homes.
Standard vs. Exceptions
| Scenario | Disclosure Required? | Governing Rule or Form |
|---|---|---|
| Home in HOA or Condo Association | Yes – HOA/condo docs, fees | Florida Statute 720/718 |
| Built before 1978 | Yes – Lead-based paint | Federal law (EPA/Title X) |
| Seaward of Coastal Construction Control Line | Yes – Coastal restrictions | Florida Statute 161.57 |
| “As Is” Sale | Yes – All known defects | Johnson v. Davis, case law |
| No HOA, post-1978, inland property | Standard property disclosures | Johnson v. Davis |
| Pending code enforcement action | Yes – Written notice, docs | Florida Statute 162.06 |
Let’s continue this conversation.
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What This Means for Your Specific Transaction
If you’re selling a Sarasota home near the water, expect to complete the FD-1 flood disclosure and coastal construction warning – these are deal-breakers for many buyers if omitted. In one recent Siesta Key transaction, a seller failed to disclose a prior flood insurance claim; the buyer‘s lender discovered it during underwriting, resulting in a $15,000 price reduction and a delayed closing by three weeks. For buyers, reviewing HOA documents and permit histories is critical – unpermitted additions or surprise special assessments can kill a deal or force expensive repairs before closing. In older neighborhoods, missing lead-based paint or code enforcement disclosures can trigger legal claims after closing. The bottom line: the more transparent and complete your disclosures, the less likely you are to lose your deposit, face lawsuits, or see your deal collapse at the last minute.
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
Questions Clients Actually Ask
What happens if a Sarasota seller fails to disclose a known flood or structural issue?
If a seller fails to disclose a material issue like prior flooding or structural damage, buyers can terminate the contract during the inspection period, demand major concessions, or sue for damages after closing under the Johnson v. Davis doctrine. In Sarasota, undisclosed flood history is a top reason deals fall apart or result in price renegotiations.
Do I have to disclose unpermitted renovations in Sarasota County?
Yes, sellers are required to disclose any known unpermitted work or open permits, as these materially affect value and insurability. Lenders and insurers often require proof of permits, and undisclosed work can delay or derail closings.
Are deaths or crimes on the property required to be disclosed?
No, Florida law does not require disclosure of deaths, homicides, suicides, or HIV/AIDS status of prior occupants. However, sellers and agents cannot lie if asked directly by a buyer.
What To Do Right Now
Order a full permit history and review your HOA or condo documents before listing your Sarasota property – these are the most common sources of disclosure-related deal failures.
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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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