Selling Your Florida Home? Know What You Must Disclose
What Disclosures Are Required When Selling a Home in Florida?
When you sell your home in Florida, you have a legal obligation to be upfront about certain issues—and failing to disclose them can lead to serious consequences.
Disclosures are designed to protect both buyers and sellers. They create transparency, build trust, and help prevent lawsuits after closing. Here’s everything Florida homeowners need to know about required disclosures.
1. Florida’s Disclosure Law: The Basics
Florida follows the “full disclosure” rule”, which requires sellers to disclose known material facts about the property that are not easily observable and may impact its value.
This includes anything that:
💰 Impacts value
🤔 Influences buyer decision
⚠️ Important: This applies even if the home is sold as-is!
2. What You Must Disclose
Here are the most common items that Florida sellers are required to disclose:
Structural Issues
Roof leaks, foundation problems
Water Damage
Mold, flooding history, water intrusion
Pest Issues
Termites, past or present
System Defects
HVAC, plumbing, electrical
Legal Issues
Unpermitted work, code violations
Hazards
Lead paint, radon, sinkholes
These disclosures must be truthful and complete to avoid liability after the sale.
3. Seller’s Disclosure Form: Is It Required?
No State Form
Florida has no standardized form
But Recommended
Most agents use Florida REALTORS® template
While the form itself is optional, providing one in writing is strongly recommended because:
- 📝 It documents what you shared
- 🤝 It reduces misunderstandings
- 🛡️ It protects you from future legal claims
Michael Renick ensures every seller has the correct form and guidance.
4. “I Didn’t Know” Isn’t Always a Defense
You’re only required to disclose what you know, but turning a blind eye doesn’t protect you.
If a buyer proves that you concealed a defect—or should have known about it—you could be liable. Being transparent is always the safer option.
5. Do You Have to Disclose Past Repairs?
Not necessarily. But if a past issue (like roof damage or flooding) could impact the home today, it’s smart to disclose it—especially if documentation (like receipts or permits) is available.
Being proactive can actually build buyer confidence and show that the home has been properly maintained.
6. What About As-Is Sales?
Selling a home “as-is” does not exempt you from disclosures. You still must inform buyers of known issues, even if you’re not planning to fix them.
📌 Reminder: As-is simply means you’re not offering repairs—it does not mean full immunity from disclosure laws.
7. Tips for Smooth Disclosure
✓ Don’t guess—say if unsure
✓ Attach inspection reports
✓ Keep communication written
✓ Update if things change
Final Thoughts
Honest, complete disclosure protects you from lawsuits and sets your home sale up for success. Buyers appreciate transparency—and are more likely to proceed confidently when they feel informed.
Have questions about what to disclose? Call Michael Renick at 941.400.8735 for expert help navigating Florida’s real estate laws and getting your sale right from day one.
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