Do Realtors in Florida Have to Disclose Information?
Do Realtors in Florida Have to Disclose Information?
Quick Answer
Florida real estate licensees must disclose known facts that materially affect the value of residential real property and are not readily observable to the buyer. Section 475.278 includes that duty for transaction brokers, single agents and licensees with no brokerage relationship. A brokerage-relationship notice is separate from disclosure of property defects. Request written disclosures and supporting records, and obtain legal advice about any disputed or incomplete disclosure. Call me at 941.400.8735 or reach out directly to Michael Renick – I’ll share my approach with you.
Do Realtors in Florida Have to Disclose Information?
Florida Realtors must disclose all known facts that materially affect the value of residential property and are not readily observable to the buyer. This rule is enforced by Florida Statute 475.278 and confirmed by the Florida Supreme Court in Johnson v. Davis.
In Sarasota and Manatee County, this means if a Realtor knows about a hidden roof leak, prior flood damage, or a seawall issue that isn’t obvious to a buyer, that information must be disclosed. The rule applies whether the Realtor is representing the seller, the buyer, or acting as a transaction broker. If a Realtor fails to disclose, buyers may have grounds to cancel the contract, renegotiate, or pursue legal remedies depending on the facts and contract terms. This is not just a technicality – it’s a real risk that can cost buyers and sellers time, money, and peace of mind.
How This Works in Florida Specifically
Florida Statute 475.278 requires all real estate licensees to disclose known material facts about residential property that are not readily observable. In practice, this means that in Sarasota, Longboat Key, and throughout Manatee County, a Realtor must tell a buyer about any hidden defect or condition that could impact the property’s value – like prior termite damage behind walls or a history of flooding that isn’t obvious from a walk-through.
Florida presumes every licensee is acting as a transaction broker unless a single-agent or no-brokerage relationship is established in writing. Transaction brokers owe duties of honesty, fairness, and disclosure of material facts, but not full fiduciary loyalty. Single agents owe even higher duties, including full disclosure and loyalty, but both must disclose material facts under the law. The Florida Department of Business and Professional Regulation (DBPR) enforces these requirements, and violations can result in fines, license suspension, or worse.
How This Is Typically Negotiated
Required material facts must not be withheld. Inspection reports and repair records can supplement disclosure; negotiating the transaction does not remove the disclosure duty.
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
Do not wait for a buyer to guess which known material issue to ask about. Document the required disclosure and provide relevant inspection or repair records. If there is uncertainty about what must be disclosed, obtain advice before completing the transaction.
Exceptions and Variations
The disclosure rule applies to all residential real estate transactions in Florida, but there are a few exceptions. For commercial properties, the statutory disclosure obligation does not apply in the same way – buyers are expected to conduct their own due diligence. In rare cases, if a defect is truly obvious (like a missing roof or visible water damage), it may not be considered “not readily observable,” and disclosure may not be required.
Condominium and HOA properties in Sarasota and Manatee County often involve additional layers of documentation – association budgets, pending assessments, or litigation – that may not be covered by the standard disclosure form. While the Realtor’s duty is to disclose what they know, buyers should always review association documents and ask direct questions about anything that could affect value.
Standard vs. Exceptions
| Scenario | Disclosure Required? | Who Must Disclose? |
|---|---|---|
| Residential sale, hidden water intrusion | Yes | Realtor and Seller |
| Residential sale, obvious roof damage | Sometimes | Realtor and Seller |
| Commercial property sale | Different duties and transaction-specific review | Seller (case-by-case) |
| Condo with pending special assessment | Yes (if known) | Realtor and Seller |
Let’s continue this conversation.
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What This Means for Your Specific Transaction
For a Sarasota or Manatee purchase, compare the seller’s disclosures with inspection findings and available repair records. For a sale, document known material issues and the information provided to the buyer. If those records reveal an inconsistency, address it before signing further documents or waiving a contingency.
Every property and transaction is different. The best way to protect yourself is to work with a local broker who knows what must be disclosed, what buyers will spot, and how to document everything so you don’t end up in a dispute.
Questions Clients Actually Ask
What counts as a “material fact” that must be disclosed?
A material fact is any known issue that could affect the value of the property and is not easily seen by a buyer. Examples include hidden water damage, termite infestations, or unpermitted additions. If you’re unsure, it’s safer to disclose.
Does the disclosure rule apply to condos and HOAs?
Yes, Realtors must disclose known material facts about condos and HOA properties, including pending assessments or association litigation if they are aware. Buyers should also review all association documents for additional risks.
Mike Renick and Eric Teoh represented my husband and myself for both the sale of an existing property and the purchase of a new property. Their knowledge of Longboat Key and property values was exceptional.. The process of closing on both the sale and purchase was flawless. I have not hesitated to recommended them to others.
– Barbara Diznoff, Google Review
What happens if a Realtor fails to disclose something important?
If a Realtor fails to disclose a known, non-obvious defect, the buyer may have grounds to cancel the contract, renegotiate, or seek damages depending on the contract and facts. The DBPR can also take disciplinary action against the licensee.
Are sellers required to fill out a disclosure form?
A general property-condition disclosure and the required flood disclosure are different. Florida requires a residential seller to provide the statutory flood disclosure at or before contract execution. Other disclosure obligations depend on the property and transaction.
Can a Realtor keep information confidential if the seller asks?
A Realtor cannot withhold disclosure of material facts that affect value – even if the seller requests it. Limited confidentiality applies to negotiating terms, not to hiding defects.
What if the buyer discovers an issue after closing?
If the issue was known and not disclosed, the buyer may have legal remedies depending on the contract and facts. If the defect was not known or was obvious, the buyer may have less recourse.
What To Do Right Now
Ask your Realtor for a written summary of all known material facts about any property you’re considering – before you make an offer.
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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.
Equal Housing Opportunity. This article is general information only, not legal, tax, insurance, or financial advice. Market conditions, insurance requirements, and costs vary by property and transaction; confirm your specific situation with the appropriate licensed professional. Michael Renick, Licensed Florida Real Estate Broker, License #BK3241900, licensed by the Florida Department of Business and Professional Regulation (DBPR). Mangrove Realty Associates Inc — each office is independently owned and operated.
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