What Does Seller Disclosure Require in Nokomis?
What Seller Disclosure Really Requires in Nokomis, Florida
Quick Answer
Seller disclosure in Nokomis, Florida, legally requires you to reveal any known material defects that are not easily visible – think roof leaks, flooding, mold, termite damage, unpermitted work, and code violations. This duty is based on the Johnson v. Davis standard and is enforced regardless of whether the sale is “as-is.” Florida Statute 689.261 also requires you to provide an ad valorem tax disclosure summary, and a separate flood disclosure (FD-1) is mandatory at or before contract signing. If you fail to disclose, buyers can sue for fraud, force repairs, or even unwind the sale – I’ve seen deals fall apart over a $20,000 undisclosed roof leak just days before closing. In Nokomis, with its coastal risks, missing a required disclosure can cost you the sale, your deposit, and expose you to expensive litigation. 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 Nokomis, Florida
Seller disclosure in Nokomis is governed by Florida common law (Johnson v. Davis) and specific statutes like Florida Statute 689.261, which require sellers to disclose known material defects and provide a tax disclosure summary. You must also provide a flood disclosure (FD-1) and, for homes built before 1978, a lead-based paint disclosure with the EPA pamphlet. In Sarasota County, including Nokomis, there’s heightened scrutiny on flooding, mold, and drainage issues due to the coastal environment – these must be disclosed even if you’re selling “as-is.” Local practice uses the Florida Realtors Seller’s Property Disclosure form, which covers structural, environmental, and legal issues, and buyers expect it to be filled out thoroughly.
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
What You Must Disclose – And What You Don’t
Florida law requires you to disclose any known material defects that are not readily observable by the buyer. This includes roof leaks, prior flooding, mold, termite or pest damage, unpermitted improvements, code enforcement actions, sinkhole activity, and legal issues affecting the property. You must also provide written notice of any pending code enforcement actions, including copies of pleadings, and inform the buyer that they will be responsible for compliance after closing. You do NOT have to disclose deaths, crimes, or stigmas unless directly asked, but you cannot lie if questioned. In Nokomis, failing to disclose a history of flooding or mold is a deal killer – buyers are especially wary due to the area’s proximity to the Gulf and frequent storms.
What Happens If You Don’t Disclose
If you fail to disclose a known defect, Florida law treats this as fraud, and buyers can sue for damages, rescind the contract, or force you to pay for repairs. In my experience, undisclosed roof leaks or water intrusion in Nokomis have led to buyers demanding $15,000 – $30,000 in concessions or walking away entirely, costing sellers their deposit and months of lost market time. If a code violation or unpermitted addition is discovered after closing, the new owner can force you to pay for remediation or take you to court. Federal law also imposes penalties for failing to provide a lead-based paint disclosure in pre-1978 homes.
Exceptions and Local Variations
“As-is” contracts do NOT protect you from disclosure liability – you must still reveal all known latent defects. In Nokomis, coastal and barrier island properties require extra attention to drainage, sinkhole, and flood disclosures, which are more prevalent than in inland Sarasota or Manatee County. HOA and condo properties in Sarasota County also require delivery of association rules and financial disclosures, which can trip up sellers who aren’t prepared. If you’re selling a home built before 1978, the federal lead paint disclosure is non-negotiable.
Eric & Mike moved the sales process forward quickly and painlessly. They took nothing for granted and provided the buyers and sellers a pleasant experience. I highly recommend them for your Longboat Key purchase or sale!
– dar678, Zillow Review
Standard vs. Exceptions
| Scenario | Disclosure Required? | Notes |
|---|---|---|
| Standard residential sale | Yes | Must disclose all known material defects, tax, and flood info |
| “As-is” contract | Yes | Disclosure still required for known latent defects |
| Pre-1978 home | Yes | Must provide lead-based paint disclosure and EPA pamphlet |
| Condo/HOA property | Yes | Must provide association rules, budgets, and pending assessments |
| Death/crime on property (not asked) | No | Not required unless buyer asks directly |
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
The risks and requirements change depending on your property’s age, location, and history. For example, I once had a Nokomis seller who didn’t realize a prior water intrusion from a 2017 storm had to be disclosed – even though repairs were made, the buyer’s inspector found moisture in the wall, and the deal nearly collapsed. In another case, a seller failed to mention a code enforcement action for an unpermitted lanai, resulting in a $12,000 repair bill and a three-week closing delay. If your property is in a flood zone or has a history of drainage issues, buyers will scrutinize your disclosure even more closely.
Questions Clients Actually Ask
Do I have to disclose roof leaks or past flooding if they’ve been repaired?
Yes, you must disclose any known roof leaks or flooding history, even if repairs were made. Florida law requires disclosure of all material defects that could affect value or desirability, not just current problems.
What if I’m selling “as-is” – do I still have to disclose defects?
Yes, “as-is” contracts in Florida do not eliminate your duty to disclose known latent defects. If you hide something, you can still be sued for fraud or forced to pay for repairs after closing.
Do I have to disclose if someone died in the house?
No, Florida law does not require you to disclose deaths, crimes, or stigmas unless the buyer asks directly. However, you cannot lie if asked a direct question.
What To Do Right Now
Get your disclosure documents in order before listing – use the Florida Realtors Seller’s Property Disclosure form, gather flood, tax, and code enforcement records, and review any repairs or insurance claims with your agent.
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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
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