Seller Disclosure Requirements
in Florida

Contrary to the old adage of 'buyer beware,' Florida's property disclosure landscape is governed by a pivotal 1985 Florida Supreme Court decision, *Johnson v. Davis*. This ruling fundamentally shifted the balance, establishing that sellers have a duty to disclose any known facts that materially affect the value of the property and are not readily observable by the buyer. While the state legislature has not mandated a single, statewide statutory document, the industry standard has become the comprehensive **Florida Seller Disclosure Form** often used in conjunction with the Florida Realtors/Florida Bar "AS IS" Residential Contract. My litigation experience confirms that judges look to whether a seller truthfully completed this form or a similar one. The core of **seller disclosure Florida** law is not about guaranteeing a perfect home, but about ensuring a transparent transaction where a buyer isn't ambushed by hidden, significant defects the seller knew about all along.

From my perspective litigating these disputes, the question of **what must sellers disclose** is the epicenter of most lawsuits. The legal standard is any 'material defect,' which is a broad term for anything that could dissuade a reasonable person from buying or cause them to lower their offer. This extends far beyond a leaky faucet. Think of hairline cracks in the stucco of a Boca Raton home that indicate a deeper structural issue, or the musty smell in a Jacksonville basement that points to a history of water intrusion the seller tried to conceal with a fresh coat of Kilz paint. It includes a past, treated termite infestation, even if there are no active bugs. It covers non-physical issues, too, like a heated boundary dispute with a neighbor over a fence line in a tight Key West lot. However, Florida law specifically does not require disclosing a prior death in the home or the proximity of a registered sex offender.

In Florida, our unique climate and geology create a specific set of required disclosures that I frequently see mishandled. The **Florida disclosure requirements** are heavily influenced by our environment. For instance, the Florida-specific Radon Gas Disclosure is a statutory requirement for all residential sales contracts. Beyond that, sellers must be candid about any history of flooding or storm surge, a critical issue for coastal properties from Naples to Panama City Beach. In Central Florida's 'Sinkhole Alley' along the I-4 corridor, any knowledge of ground settling, sinkhole activity, or prior insurance claims for such is a massive red flag if not disclosed. Furthermore, disclosing the presence of un-remediated Chinese drywall from the mid-2000s, polybutylene plumbing in older homes, or the lack of hurricane-rated impact windows can all be considered material facts a buyer needs to know. A thorough **property disclosure** addresses these Sunshine State-specific risks head-on.

When a seller fails to meet these disclosure obligations, the consequences can be severe, often leading to my courtroom. Market trends show sales unwound entirely—a legal remedy called rescission—and Market trends show sellers ordered to pay substantial damages to cover the cost of repairing the concealed defect. The critical distinction lies between a 'latent' defect (one not discoverable through a reasonable inspection, like foundation rot hidden behind new drywall) and a 'patent' defect (an obvious one, like a broken window). The duty is to disclose known, latent defects. For example, a case I handled involved a seller in Sarasota who knew their seawall was crumbling below the water line but failed to mention it. The buyer's home inspector couldn't see it, but after closing, the wall's failure was catastrophic. The court found the seller liable for fraudulent misrepresentation of the property's condition.

To avoid post-closing legal battles, sellers should approach the **Florida Seller Disclosure Form** with radical transparency. My strongest recommendation is to invest in a pre-listing home inspection. This allows you, the seller, to either make repairs before listing or, more importantly, to disclose the issues with the inspector's report as backup. This single act can neutralize a future claim that you 'should have known' about a problem. When filling out the form, the golden rule is: when in doubt, disclose. Answering 'Yes' to a past roof leak and attaching the repair invoice from a reputable Tampa roofer builds far more trust than a form filled with 'No' or 'Unknown' answers. A detailed, honest **property disclosure** is a seller’s best legal shield and, counterintuitively, a powerful marketing tool.

For buyers, receiving the **seller disclosure Florida** statement is not the end of your research; it is the beginning of a focused investigation. Use the seller's answers as a roadmap for your own due diligence. If the seller discloses a past plumbing issue, instruct your inspector to perform a hydrostatic pressure test or scope the sewer lines. Given Florida's specific risks, always conduct a Wood-Destroying Organism (WDO) inspection, and for older properties, insist on a 4-Point Inspection to satisfy insurance underwriters. The inspection period outlined in the FAR/Bar contract is your critical window to verify the seller's claims, uncover what they may not know, and if necessary, renegotiate terms or cancel the contract based on your findings. The disclosure is a guide, but your own professional inspections provide the proof.