Florida Seller Disclosure Requirements: What Home Sellers Must Tell Buyers
Florida does not have one statute listing everything a home seller must disclose. The core rule comes from a 1985 Florida Supreme Court case, Johnson v. Davis. Several statutes then add specific notices for flood history, property taxes, radon, HOAs and condos. Here is how those rules fit together, what buyers can do when a known problem was hidden, and how long they have to act. Joseph S. Hughes of Hughes Real Estate Law handles every matter himself. He earned his J.D. at the University of Miami School of Law and has more than 10 years of practice in Florida real estate law.
The Core Rule: Known, Material, Hidden Defects
Under Johnson v. Davis, a seller of residential property must disclose facts that meet three tests:
- The seller knows about them
- They materially affect the value of the property
- They are not readily observable and are not known to the buyer
Common examples are roof leaks, past water intrusion, foundation problems, unpermitted additions and code violations. A seller who has repaired a problem may still need to disclose it if the repair did not fully fix it. Florida courts have not extended this duty to commercial property, where buyers are expected to do their own investigation.
What Florida Law Says Is Not Material
Section 689.25, Florida Statutes, says two things are not material facts that must be disclosed: that the property was the site of a homicide, suicide or death, and that an occupant had HIV or AIDS. A seller cannot be sued for staying silent about either one.
Notices Florida Statutes Require
| Notice | What it covers | Law |
|---|---|---|
| Flood disclosure | Whether the seller knows of flood damage during their ownership, filed a flood insurance claim, or received flood assistance such as FEMA aid | Section 689.302 |
| Property tax summary | That taxes may go up after the sale, because the property is reassessed and the seller’s exemptions and assessment limits do not transfer | Section 689.261 |
| Radon gas | A standard radon notice on at least one sale or rental document | Section 404.056(5) |
| HOA disclosure summary | Mandatory membership, assessments and recorded restrictions | Section 720.401 |
| Condo resale documents | Declaration, bylaws, rules, budget, financial statement, the milestone inspection summary and the structural integrity reserve study, if any | Section 718.503(2) |
| Lead-based paint | Homes built before 1978 | Federal law (EPA) |
The flood disclosure must be given at or before the time the contract is signed. It is about the seller’s actual flood history, not just the flood zone. Buyers should still check the zone and the insurance cost on the FEMA Flood Map Service Center.
Does Selling “As Is” Avoid the Duty?
Generally, no. An “as is” contract lets the seller refuse to make repairs. It does not let the seller hide a known, material defect the buyer could not see. Many Florida sellers also fill out a voluntary disclosure form. Florida law does not require a specific form, but what the seller writes on one can become evidence later.
What Buyers Can Do When a Defect Was Hidden
A buyer who finds a defect the seller knew about and concealed may have claims for fraudulent nondisclosure or misrepresentation. Depending on the facts, the remedy may be money damages for the cost of repair or lost value, or in some cases undoing the sale. Before you act:
- Photograph the problem before repairs and keep the damaged materials when you can
- Gather the contract, any disclosure form and the inspection report
- Look for proof the seller knew, such as permit records, insurance claims, contractor invoices or neighbor statements
See our real estate fraud attorney page, or our guide to hidden defects after buying a home.
Seller Checklist
- Disclose known problems in writing, even if you plan to sell “as is”
- Give the flood disclosure at or before signing
- Order HOA or condo documents early so the buyer’s review period is not delayed
- Keep copies of what you gave the buyer and when
Frequently Asked Questions
What is the statute of limitations on real estate disclosure claims in Florida?
Most fraud claims must be filed within 4 years under section 95.11(3). The clock runs from when the buyer discovered, or should have discovered, the fraud. Section 95.031(2) sets an outer limit of 12 years from the date of the fraud.
Do Florida sellers have to disclose a death in the home?
No. Section 689.25 says a death, homicide or suicide on the property is not a material fact that must be disclosed.
Do Florida sellers have to disclose flooding?
Yes. Since 2024, sellers of residential property must give the flood disclosure in section 689.302. It covers flood damage the seller knows about, flood insurance claims and flood assistance.
Does a home inspection replace the seller’s duty to disclose?
No. An inspection helps, but it does not excuse a seller who hid a known defect the inspector could not reasonably find.
Related reading: How long a seller is liable after selling.
Talk With a Florida Real Estate Attorney
Whether you are preparing to sell or have found a problem after closing, an early review keeps your options open. Learn about Joseph Hughes, call (954) 256-5125 or request a consultation.
