Understanding Real Estate Disclosures

Posted on : June 2, 2025

Understanding Real Estate Disclosures in Fort Lauderdale, Florida

When buying or selling a home in Fort Lauderdale, understanding real estate disclosures isn’t just helpful, it is necessary. These disclosures provide critical information about the condition of a property and help ensure both parties move forward with their real estate transaction with clarity and confidence.

Whether you’re a buyer hoping to avoid costly surprises or a seller aiming to stay on the right side of the law, knowing what must be disclosed can help you make informed decisions and avoid future disputes.

What Are Real Estate Disclosures?

A real estate disclosure is a formal statement where the seller provides known information about a property’s condition that could impact its value or desirability. Florida law requires sellers to disclose any known material defects — even if the buyer doesn’t specifically ask about them.

Failing to disclose key issues can lead to serious legal consequences, including rescinded sales and lawsuits.

According to Florida Statutes Section 689.25, sellers are legally obligated to inform prospective buyers of any known facts that materially affect the property’s value and that are not readily observable.

Common Real Estate Disclosures in Fort Lauderdale

1. Lead-Based Paint Disclosure

If the home was built before 1978, federal law requires a lead-based paint disclosure to warn buyers about potential lead hazards. Sellers must also provide any available records and reports related to lead paint.

2. Homeowners Association (HOA) Disclosure

If the property is part of an HOA, Florida law requires the seller to disclose the HOA’s existence, including its rules, fees, and any pending assessments. More details can be found via the Florida Department of Business & Professional Regulation.

3. Property Condition Disclosure

Sellers must disclose any known structural damage, roof leaks, electrical or plumbing issues, or other material defects. This can also include pest infestations, foundation concerns, or past flooding.

4. Environmental Hazards

Sellers must share information about environmental issues on the property, such as mold, radon, asbestos, or contaminated soil. The Florida Department of Environmental Protection (FDEP) provides resources on how to identify and handle these hazards.

5. Flood Zone Disclosure

If the property is in a FEMA-designated flood zone, that must be disclosed. Sellers should inform buyers of flood risk and whether flood insurance is required. You can check a property’s status at the FEMA Flood Map Service Center.

What Buyers and Sellers Should Know

For Buyers:

Review all disclosure documents carefully and don’t assume silence means there are no issues.
Consider hiring a qualified inspector for a full evaluation.
If you discover serious issues after closing, legal remedies may be available.

For Sellers:

Disclose known issues proactively and in writing.
Even repaired defects may need to be mentioned, depending on their nature.
Stating a property is sold “as-is” does not eliminate the obligation to disclose material facts.

Frequently Asked Questions

Q: Are sellers required to disclose everything they know about a property?
A: Not everything — only material facts that are not easily observable but could significantly affect the property’s value or safety.

Q: What happens if a buyer finds out the seller failed to disclose something important?
A: The buyer may have grounds to rescind the sale or pursue compensation. Failure to disclose can amount to misrepresentation or fraud in Florida, depending on the facts.

Q: Is there a standard disclosure form in Florida?
A: Florida doesn’t require a specific form, but many use standard forms from organizations like the Florida Realtors® Association.

Helpful Resources

Real estate disclosures play a crucial role in maintaining transparency and protecting everyone involved in a sale. Whether you’re on the buying or selling side, being informed and proactive can help ensure a smoother, dispute-free transaction.