What Disclosures Are Required When Selling in Sarasota County?
What Disclosures Are Required When Selling in Sarasota County?
Quick Answer
When selling a home in Sarasota County, Florida law requires you to disclose any known facts that materially affect the value of the property and are not readily observable to the buyer. This includes issues like roof leaks, prior flooding, mold, code violations, and pending special assessments, as mandated by Florida Statute and clarified by the Johnson v. Davis decision. You must also provide a flood disclosure (FD-1), a statutory radon gas disclosure, and details about any open code-enforcement actions or HOA/condo rules. Failing to disclose these can lead to lawsuits, contract cancellations, or forced repairs – I’ve seen deals fall apart over undisclosed storm damage or unreported HOA assessments, costing sellers tens of thousands and weeks of delays. These disclosures are required even if you sell “as is” – there is no loophole. Call me at 941.400.8735 or reach out directly to Michael Renick – I’ll share my approach with you.
How Seller Disclosure Works in Sarasota County
Florida Statute and the Johnson v. Davis case require Sarasota County sellers to disclose all known material defects that are not easily visible to buyers. This means if you know about a roof leak, prior flooding, termite damage, or a foundation issue – even if you’re selling “as is” – you are legally obligated to disclose it. Sarasota’s coastal location makes flood and storm-related disclosures especially critical, and the county’s high concentration of HOA and condo communities means association rules, fees, and pending assessments must also be revealed.
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
A flood disclosure (FD-1) is mandatory at or before contract execution, according to Florida Realtors as of 2024. Radon gas disclosure is also required by statute, and if there is an open code-enforcement case, you must provide all related documents and notify the buyer that they will inherit the responsibility. Local issues like sinkholes, zoning violations, and pending litigation are common deal-killers in Sarasota and must be disclosed to avoid legal and financial fallout.
What Happens If You Don’t Disclose
Failing to disclose known defects or required information can trigger lawsuits, contract termination, or forced repairs at your expense. For example, I’ve seen buyers discover undisclosed flood damage after inspection, leading to a $15,000 price reduction and escrow holdback just days before closing. If a buyer learns after closing that there’s an open code violation or unpaid HOA assessment, you could face legal action for damages or be forced to cure the issue at your own cost. In Sarasota, where flood risk and association rules are major factors, missing a required disclosure can easily derail a sale or wipe out your net proceeds.
The Most Common Sarasota Disclosure Traps
Undisclosed Flood or Storm Damage
Sarasota’s coastal homes are especially vulnerable to flooding and hurricane damage, making flood disclosure (FD-1) a legal requirement. If you fail to mention prior flood events or storm repairs, buyers may walk away or demand major concessions after inspection. I’ve seen deals collapse when buyers discovered unreported water intrusion, forcing sellers to pay for remediation or lose the sale entirely.
Hidden HOA or Condo Issues
Many Sarasota properties are governed by HOAs or condo associations, which means you must disclose association fees, rules, pending special assessments, and any litigation involving the association. Unpaid dues or surprise assessments can reduce your net proceeds and lead to closing delays. I’ve handled transactions where last-minute discovery of a $7,500 special assessment nearly killed the deal – only fast negotiation and full disclosure saved it.
Open Code Violations or Unpermitted Work
If your property has an open code-enforcement action or unpermitted improvements, Florida law requires you to disclose this and provide all related documents. Buyers can demand that you cure the violation, escrow funds, or reduce the price. In one Sarasota closing, an undisclosed code violation delayed closing by three weeks and cost the seller $4,200 in repairs and legal fees.
How to Protect Yourself Before You Commit
- Complete the Florida Seller‘s Disclosure Form: Even though not technically required by statute, using the standard form covers all typical issues and protects you.
- Order a Pre-Listing Inspection: Identify hidden defects before listing so you can disclose or address them proactively.
- Request an Estoppel Certificate Early: For HOA/condo properties, get the estoppel to confirm dues, assessments, and rule changes.
- Check for Open Permits and Code Violations: Run a search with Sarasota County to catch issues before buyers do.
- Gather All Documentation: Collect repair invoices, insurance claims, and association correspondence to support your disclosures.
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
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
What a Local Agent Catches That You Won’t See in the Listing
In Sarasota, I’ve caught issues that would have blindsided sellers – like a waterfront home with an unpermitted dock extension that triggered a $10,000 compliance demand from the county. In another case, a seller didn’t realize their “as is” contract didn’t protect them from disclosing a prior sinkhole claim; catching this early avoided a lawsuit when the buyer‘s insurance flagged it. Local knowledge of flood zones, HOA quirks, and county enforcement saves my clients from six-figure mistakes every year.
Questions Clients Actually Ask
Do I have to disclose a previous flood if repairs were made?
Yes, under Florida law and Sarasota County practice, you must disclose any known flood events, even if repairs were completed. Buyers and their insurers will often discover past claims, and failing to disclose can lead to contract cancellation or legal action.
What if I’m selling “as is” – do I still have to disclose defects?
Yes, the “as is” contract does not remove your duty to disclose known material defects that are not readily observable. This is confirmed by Florida Realtors and multiple court decisions.
Do I have to disclose if someone died in the house?
No, Florida law does not require disclosure of a death, suicide, or homicide on the property, as this is not considered a material fact affecting value.
What To Do Right Now
Pull your records, order a pre-listing inspection, and request your HOA or condo estoppel before you list – don’t wait for a buyer to find a problem that could kill your deal.
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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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