Seller Disclosure Laws in Florida Real Estate

Florida’s real estate disclosure laws are designed to protect both buyers and sellers. If you’re preparing to list your home, understanding what you’re legally required to disclose is crucial for avoiding delays, disputes, or even lawsuits.

Here’s a simple guide to seller disclosure laws in Florida—and what they mean for you.

Florida Is a “Disclosure State”

Under Florida law, sellers must disclose any known material defects that could affect the value of the home or the buyer’s decision to purchase. This obligation exists even if the buyer waives inspections or agrees to purchase the home as-is.

There is no official state disclosure form, but the duty to disclose is very real—and enforced.

What Does the Law Require?

According to case law (notably Johnson v. Davis), sellers must disclose:

• Any known physical problems with the home
• Hidden issues not easily discovered by the buyer
• Facts that materially impact the home’s value

Examples include:

• Roof or foundation problems
• Past flooding or mold
• Code violations or unpermitted work
• Electrical or plumbing defects
• Pest infestations
• Ongoing litigation affecting the property

What Happens If You Don’t Disclose?

Failure to disclose can result in:

• Cancellation of the sale
• Legal liability for damages
• Post-sale lawsuits for misrepresentation or fraud
• Loss of reputation with agents and buyers in your area

Even if the buyer conducts an inspection, your legal duty doesn’t go away.

Protect Yourself With the Right Approach

Here’s how to stay on the safe side:

1. Use a Standard Disclosure Form: Even though it’s not required, it creates a written record.
2. Be Thorough: Disclose past issues—even those that have been repaired.
3. Ask Your Agent: Real estate professionals can guide you through what’s customary to report in your local area.
4. Don’t Hide or Downplay Defects: Honesty builds trust and protects you from liability.

What About FSBO Sellers?

If you’re selling without an agent, the legal requirement to disclose still applies. You must still notify the buyer in writing of any known material issues—even if you’re not using standard REALTOR® documents.

Work With a Team That Knows the Law

Michael Renick and Team Renick – Mangrove Realty Associates Inc. have helped countless sellers navigate Florida’s disclosure requirements without stress or risk. From initial paperwork to final closing, they ensure your sale is clean, compliant, and profitable.

Have questions about Florida’s seller disclosure laws? Call Michael at 941.400.8735 and make sure your transaction is legally protected from the start.

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