What Are the Real Estate Disclosure Laws in Florida?
What Are the Real Estate Disclosure Laws in Florida?
Quick Answer
Florida law requires every residential seller to disclose all known facts that materially affect the value of the property and are not readily observable to the buyer. This duty comes from the Johnson v. Davis court decision and is reinforced by Florida Statute 475.278, which also binds real estate licensees. There is no single mandatory state disclosure form, but most deals use the Florida Realtors Seller’s Property Disclosure form to put everything in writing. If a seller hides a known roof leak, foundation issue, or code violation, the buyer may have grounds to cancel, renegotiate, or sue for damages, depending on the contract and the facts – and those disputes can cost tens of thousands. The risk is highest in coastal areas like Sarasota and Longboat Key, where hidden flood or mold problems can destroy a deal or lead to expensive litigation after closing. Call me at 941.400.8735 or reach out directly to Michael Renick – I’ll share my approach with you.
What Are the Real Estate Disclosure Laws in Florida?
Florida’s real estate disclosure laws require sellers and their agents to tell buyers about any property defects or issues that materially affect value and are not obvious. This rule is based on the Johnson v. Davis case and Section 475.278 of the Florida Statutes. If you’re buying or selling a home in Sarasota, Manatee County, or anywhere on the Gulf Coast, you cannot legally hide a known roof leak, prior flooding, termite damage, or code enforcement action – even if you’re selling “as is.”
In Florida, the seller’s duty is limited to what they actually know; you don’t have to investigate or guess about hidden problems, but you can’t look the other way if you know something is wrong. Most transactions use a written Seller’s Property Disclosure form, which covers everything from roof age to flooding history and code violations. If you fail to disclose a material latent defect, the buyer may be able to back out, demand repairs or credits, or sue for damages after closing, depending on the contract and the facts. In my experience, the biggest deal-killers are undisclosed roof leaks, foundation movement, or flood damage – especially in older homes or coastal properties where these issues are common.
How This Works in Florida Specifically
Florida’s disclosure law is stricter than many other states because it’s built on both case law and statute. Johnson v. Davis established that sellers must disclose all known facts that materially affect value and are not readily observable, and Florida Statute 475.278 requires real estate agents to do the same. There is no single state-mandated form, but the Florida Realtors Seller’s Property Disclosure is the industry standard and covers roof, plumbing, electrical, flooding, pests, environmental hazards, and more.
In Sarasota, Longboat Key, and Manatee County, the most common issues that trigger disclosure are hidden roof leaks, prior hurricane or flood damage, mold, and code enforcement actions. Florida Statute 689.261 also requires a property tax disclosure summary, warning buyers that taxes may increase after closing due to reassessment. Sellers must also provide a radon gas disclosure and, if there’s a pending code enforcement case, written notice and documentation.
How This Is Typically Negotiated
Disclosure in Florida is not negotiable – the duty to disclose known latent defects applies in every residential sale, even if the contract is “as is.” What can be negotiated is how issues are handled after disclosure: buyers may ask for repairs, credits, or price reductions, or they may walk away during the inspection period. In higher-priced or coastal markets like Sarasota and Longboat Key, buyers are especially aggressive about inspecting for hidden water intrusion, roof problems, or flood history.
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
I’ve seen deals fall apart when a seller tried to downplay a prior flood or mold issue, only for it to surface during inspection. On the other hand, when sellers are upfront and provide documentation of repairs, buyers are more likely to proceed and less likely to demand a price cut.
Exceptions and Variations
There are a few exceptions to Florida’s disclosure rules. Sellers are NOT required to disclose if a death, suicide, or homicide occurred on the property, or if a prior occupant had HIV/AIDS, under Florida Statute 689.25. The disclosure duty also does not require sellers to investigate or discover unknown defects – only to disclose what they actually know. In investor-heavy or “as is” sales, the seller still must disclose known latent defects, but buyers are expected to do their own due diligence and inspections.
If the property is subject to a code enforcement proceeding, there are extra written notice requirements, and the buyer will inherit responsibility for compliance. Condos and HOAs may have additional disclosure requirements related to assessments or association rules.
Standard vs. Exceptions
| Scenario | Disclosure Required? | Notes |
|---|---|---|
| Known roof leak, not visible | Yes | Must be disclosed in writing, even “as is” |
| Death or suicide occurred on property | No | Not required under Florida Statute 689.25 |
| Pending code enforcement action | Yes, with extra documentation | Written notice, copies of pleadings, and transfer notice required |
| Unknown defect, seller has no actual knowledge | No | No duty to investigate or guess; only actual knowledge is required |
| “As is” contract | Yes | Disclosure duty remains; “as is” only affects repairs/inspections |
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.
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What This Means for Your Specific Transaction
If you’re buying in Sarasota or Manatee County, you need to scrutinize the Seller’s Property Disclosure for any mention of roof leaks, prior flooding, or code issues – these are the most common deal-breakers in our coastal market. If you’re selling, you must disclose anything you know that isn’t obvious, even if you think it might scare buyers away. I’ve had deals where a seller’s honesty about a prior roof repair actually built trust and kept the deal on track, while another deal fell apart when a hidden foundation issue was discovered during inspection.
If you’re buying a condo, you’ll also want to review association disclosures for pending assessments or litigation. In every case, the cost of missing a material defect can easily exceed $10,000 in repairs, lost deposits, or legal fees.
Questions Clients Actually Ask
Do I have to disclose a roof leak if I already repaired it?
Yes, in Florida you must disclose any past or present roof leaks you know about, even if repairs have been made. The buyer has a right to know about prior issues that could affect the property’s value or future performance.
What happens if I sell “as is” – do I still have to disclose defects?
Selling “as is” in Florida does NOT remove your duty to disclose known latent defects. You are still legally required to tell the buyer about any hidden problems you know about, such as water intrusion, foundation cracks, or pest infestations.
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
Am I required to disclose if someone died in the home?
No, Florida law (Statute 689.25) specifically says you do not have to disclose a homicide, suicide, or death that occurred on the property. You also do not have to disclose HIV/AIDS status of any occupant.
What if I honestly didn’t know about a problem?
If you truly had no actual knowledge of a defect, the disclosure duty generally doesn’t reach it. Florida’s law requires disclosure only of issues you actually know about – not what you “should have known” or could have discovered with more investigation.
What if the buyer finds a problem after closing?
If the problem was something you knew about and failed to disclose, the buyer may be able to sue for damages or seek to rescind the sale, depending on the facts and the contract. If you genuinely did not know, you are generally not liable – but disputes can still lead to costly litigation.
Does the disclosure form have to be notarized or filed with the county?
No, the Seller’s Property Disclosure form does not need to be notarized or filed with the county. It should be completed honestly and delivered to the buyer, usually before or at contract signing.
What To Do Right Now
If you’re buying or selling in Florida, request and review the Seller’s Property Disclosure form before you sign a contract, and ask direct questions about roof, flood, and code issues.
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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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To read more insights: gulfcoastdecoded.com
