Florida sellers are legally required to disclose known material defects to buyers. Understanding these obligations protects sellers from future legal liability and ensures buyers can make informed decisions.
The Legal Foundation: Johnson v. Davis
Florida's seller disclosure standard was established by the Florida Supreme Court in Johnson v. Davis (1985). This landmark case held that sellers must disclose facts that:
- Are known to the seller
- Are not readily observable by the buyer
- Materially affect the value of the property
This duty applies even if the buyer is purchasing "AS IS" — the seller cannot hide behind an AS IS contract to avoid disclosure obligations.
What Must Florida Sellers Disclose?
Common required disclosures include:
- Water intrusion or flooding history — past water damage, leaks, flooding, or moisture issues
- Roof defects — known leaks, damage, end-of-life condition
- Structural issues — foundation problems, cracks, settling
- Electrical defects — known non-compliant wiring, past electrical fires
- Plumbing issues — known pipe defects, past leaks, septic issues
- HVAC problems — known malfunctions or inadequate capacity
- Termite or WDO damage — known or past infestations, damage not fully repaired
- Environmental hazards — known mold, asbestos, lead paint (in pre-1978 homes)
- Permit issues — unpermitted improvements or open building permits
- HOA information — required by Florida Statute 689.261 (fees, pending assessments, rental restrictions)
- Pending legal matters — lawsuits, code violations, condemnation notices
- Chinese drywall — if known to be present in homes built 2001–2009
What Sellers Do NOT Have to Disclose
Florida Statute 689.25 explicitly provides that sellers are not required to disclose:
- That a death occurred on the property (homicide, suicide, or natural death)
- That a prior occupant had HIV or AIDS
- That the property was used in a crime (such as a methamphetamine lab — though remediation may be required separately)
HOA and Condo Association Disclosures
Florida law requires specific disclosures regarding community associations:
- HOA (Chapter 720): Seller must provide notice that the property is subject to an HOA and provide copies of the declaration, bylaws, rules, budgets, and pending assessments. Buyer has 3 days to review and may cancel.
- Condo (Chapter 718): Seller must provide a condo disclosure package. Buyer has 3 days to review and may cancel.
The Seller's Property Disclosure Form
While Florida law does not mandate a specific disclosure form, the FAR/BAR contract includes a Seller's Property Disclosure (SPD) form as an addendum. Completing this form in full and honestly is strongly recommended — it documents the seller's disclosures and helps limit liability.