Seller obligations
Florida Seller Disclosure Requirements, Explained Plainly
Florida is not a pure “buyer beware” state. Here is what you have to tell a buyer, what you do not, and how honest disclosure actually protects your closing.
Short answer
What do I legally have to disclose when selling a house in Florida?
Under Johnson v. Davis, a Florida seller must disclose any known facts that materially affect the value of the property and that are not readily observable by the buyer. That means known roof leaks, prior flooding, active sinkhole claims, polybutylene plumbing, termite damage, unpermitted work, HOA assessments and open code violations. You are not required to volunteer opinions, market predictions, or anything you genuinely do not know.
The rule behind the form
Most Florida sales use the Seller's Property Disclosure form, but the form is not the law — the law is the 1985 Florida Supreme Court decision in Johnson v. Davis. It created a duty for residential sellers to disclose known material defects that a buyer could not reasonably see. Silence about a known problem is treated the same as a false statement.
The practical test has three parts: do you know about it, does it materially affect value, and would a buyer readily observe it on a normal walkthrough? A stained ceiling from a leak you repaired three years ago fails the “readily observable” test, so it belongs on the form.
The items that most often cause problems in North Port and Venice
- Roof age and prior claims. Insurers in Florida underwrite the roof before they underwrite the house. Age, prior wind claims and any partial repairs need to be on paper.
- Flooding and water intrusion. Any history of water entering the structure, including Hurricane Ian and Milton events, is material. So is a flood-zone designation and whether the current policy is assumable.
- Unpermitted work. Enclosed lanais, added bathrooms, seawalls, docks and electrical work done without permits show up in county records and stall closings.
- Sinkhole and subsidence activity. Prior claims, neighborhood activity and any remediation must be disclosed, along with the engineering reports.
- Polybutylene and cast-iron plumbing. Common in homes built before the mid-1990s and a frequent insurance decline.
- HOA and CDD obligations. Dues, special assessments, pending litigation, rental restrictions and any violation notices.
- Open permits and code enforcement. An open permit from a prior owner is still an open permit at your closing table.
Disclosure is a pricing tool, not a liability
Sellers assume that disclosing a defect costs them money. In practice the opposite is usually true. A defect disclosed up front is priced once, at the negotiating table, before the buyer is emotionally invested. The same defect discovered at inspection gets renegotiated at the buyer's number, under time pressure, with the leverage on their side — and it frequently costs two to three times the original estimate or kills the deal.
This is also the reason an as-is cash sale exists. When the property has known issues that would be expensive to cure and difficult to insure, selling as-is to a buyer who has already priced the defect removes the renegotiation risk entirely.
| Path | Who fixes the defect | When it gets priced | Renegotiation risk |
|---|---|---|---|
| Repair, then list | You, before market | In your list price | Low |
| List as-is, disclosed | Buyer, after closing | At contract | Moderate |
| List, defect found later | Negotiated under pressure | After inspection | High |
| Cash offer, as-is | Buyer | In the offer itself | None |
Questions sellers actually ask
Does disclosure apply if I sell the house as-is?
Yes. An as-is contract changes who pays for repairs; it does not remove the duty to disclose known material defects.
What about a home I inherited and never lived in?
The duty covers what you actually know. If you have never occupied the property, you disclose what you know and say so — you are not expected to invent history.
Do I have to disclose a death in the home?
Florida statute 689.25 says a death, including a homicide or suicide, is not a material fact that must be disclosed. HIV/AIDS status of a prior occupant is also expressly not material.
Can a buyer sue after closing?
They can if they can show you knew about a material defect and concealed it. Written, dated disclosure is the cleanest defense there is.
Keep reading
Insurance proceeds, the 50% rule and what disclosure looks like after a claim.
Selling an inherited propertyProbate timelines, stepped-up basis and disclosing a house you never lived in.
Cash offer vs listingWhich path nets more once repairs and renegotiation are priced in.
Two numbers, one address.
Send the property address and we will come back with a guaranteed as-is cash offer and the price we project on the open market.