Florida Seller Disclosure Law: What You Must Disclose When Selling a House

Yes. In Florida, a seller must tell the buyer about known problems that affect the home's value and that the buyer cannot easily see. That duty comes from the Florida Supreme Court's 1985 decision in Johnson v. Davis, and selling "as is" does not remove it. A few statutes add specific written disclosures on top: flood history, radon, property taxes, code enforcement cases, and paid sinkhole claims. This is general information, not legal advice; a Florida real estate attorney can tell you how it applies to your house.

In Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), the court held that where the seller of a home knows of facts materially affecting the value of the property that are not readily observable and are not known to the buyer, the seller is under a duty to disclose them. Three things have to be true at once: you know about the fact, it materially affects value, and the buyer neither knows it nor could easily see it.

That is why a roof you have patched after repeated leaks, or past water damage behind a wall, falls inside the rule, while a cracked driveway the buyer can see on the walk-through does not. The duty turns on what you actually know. In the case itself, the sellers played down roof problems when the buyer asked about stains and damaged plaster, and the court gave the buyers back their deposit with interest, costs, and attorney's fees.

No. Florida courts have held that an "as is" provision in a residential contract does not waive the seller's duty to disclose known facts that materially affect value and are not readily observable (Solorzano v. First Union Mortgage Corp., 896 So. 2d 847 (Fla. 4th DCA 2005)). What "as is" does change is repairs: the buyer agrees to take the house in its present condition, and you do not have to fix what an inspection turns up. It does not cover what you knew and kept quiet about.

In practice an as-is seller does four things. Write down every material problem you know about. Put it in writing before the buyer signs. Give the buyer a copy. Keep a copy yourself. That record is the best evidence you can have that nothing was hidden.

Flood disclosure (F.S. 689.302). A seller of residential property must complete and give the buyer a flood disclosure at or before the time the sales contract is signed. It asks whether you know of flood damage during your ownership, whether you filed flood insurance claims (including National Flood Insurance Program claims), and whether you received assistance for flood damage, including from FEMA.

Radon (F.S. 404.056(5)). The statutory radon notice must appear in at least one document signed at or before the contract. It states that radon levels above federal and state guidelines have been found in Florida buildings and points the buyer to the county health department. The standard Florida contract forms carry it.

Property taxes (F.S. 689.261). The buyer of residential property must be given a tax disclosure summary at or before the contract. It warns that a change of ownership or improvements can trigger reassessment and higher taxes, so the seller's current bill should not be relied on.

Code enforcement (F.S. 162.06(5) and F.S. 125.69(4)). If the property is the subject of a code enforcement proceeding and you sell it, you must disclose the proceeding and its nature in writing, hand the buyer copies of the notices and pleadings, and state in writing that the new owner is responsible for complying with the code and the orders. Under F.S. 162.06(5) you must also file a notice with the code enforcement official within five days of the transfer. Skipping the first three steps creates a rebuttable presumption of fraud.

Sinkhole claims (F.S. 627.7073(2)(c)). If you made a sinkhole claim that your insurer paid, you must tell the buyer before closing that the claim was paid and whether the full proceeds went into repairing the sinkhole damage.

Lead-based paint (federal, 42 U.S.C. 4852d). For a house built before 1978, you must give the buyer the EPA lead pamphlet, any known information and records about lead-based paint, and a lead warning statement. The buyer gets a 10-day window to inspect, and you keep the signed disclosures for three years after the sale.

Under F.S. 689.25, the fact that a property was, or was suspected to have been, the site of a homicide, suicide, or death is not a material fact that must be disclosed, and the same statute excludes the HIV or AIDS status of past occupants. The statute protects you from having to volunteer these facts. It does not let you misstate anything you do say, which is the mistake the Johnson sellers made.

A buyer who later learns of a concealed defect can bring a fraudulent nondisclosure claim. In Johnson v. Davis the remedy was the return of the buyers' deposit, interest, costs, and attorney's fees. For code enforcement cases, the statutes themselves treat a missed disclosure as presumptive fraud. The cheapest protection is a dated written disclosure signed before the contract.

Insurance claims. List every flood, sinkhole, hurricane, roof, or water claim you filed, what the insurer paid, and what the money was actually spent on. The flood and sinkhole statutes ask for exactly this.

Damage history. Fire, flooding, mold, termites, plumbing or roof leaks, foundation cracks: note the year, what happened, and what was repaired, by whom. If work was done without a permit and you know it, say so; a buyer would want to weigh it.

Code cases. Open violations, notices, fines, and hearing dates go in writing with copies of every notice, as F.S. 162.06(5) requires. If a code case is the reason you are selling, tell the buyer first.

Liens and money owed. A title company searches for liens and pays mortgages, judgments, and unpaid assessments from your proceeds at closing. List every one you know of at the start so the numbers on the settlement statement do not surprise anyone. If you are also behind on the mortgage, the buyer will see the foreclosure filing in the public record, so address it directly.

A cash buyer is bound by the same rule you are, and the disclosures work in your favor. An investor who knows about the roof, the claim, and the code case can price them into the offer up front instead of discovering them after the contract.