Selling a Home in Florida: What You Must Disclose to Buyers
Quick answer: Florida home sellers must tell buyers about known problems that materially affect the home's value and that a buyer can't easily see. On top of that general duty, Florida and federal law require specific disclosures: flood history, radon, property taxes, lead paint for homes built before 1978, pending code enforcement cases, and HOA or condo documents. Selling "as is" doesn't remove the duty to disclose known hidden defects.
General information, not legal advice. Confirm your situation with a Florida real estate attorney.
The general rule: known, hidden, material defects
In Johnson v. Davis (1985), the Florida Supreme Court held that a seller of a home must disclose known facts that materially affect the property's value when those facts aren't readily observable and aren't known to the buyer. (Johnson v. Davis)
In practice, think about things a buyer couldn't spot on a walkthrough, such as:
- past roof or plumbing leaks and how they were repaired
- foundation or structural problems you know about
- prior water intrusion or mold
- unpermitted work you're aware of
Florida courts have applied this duty to "as is" sales too. (Florida Realtors)
Disclosures required by law
| Disclosure | What it covers | When |
|---|---|---|
| Flood disclosure (§689.302) | Whether you know of flooding that damaged the property while you owned it, filed a flood insurance claim (including NFIP), or received assistance for flood damage (including FEMA). Expanded October 1, 2025. | At or before contract signing |
| Radon gas (§404.056) | Standard radon notice in at least one document | At or before contract signing |
| Property tax (§689.261) | Notice that a sale or improvements trigger reassessment, so the buyer's taxes may be higher than yours | At or before contract signing |
| Lead-based paint (EPA) | Homes built before 1978: known lead information, records, EPA pamphlet, warning statement; the buyer gets a 10-day chance to test unless waived | Before the buyer signs |
| Code enforcement (§162.06) | Any pending code enforcement case, copies of the notices, and that the new owner becomes responsible for compliance | Before closing. Skipping it creates a rebuttable presumption of fraud. |
| HOA or condo | HOA disclosure summary; condo association documents. See our condo and HOA guide. | Before or at contract signing |
Standard Florida contract forms include several of these notices, but the flood disclosure and lead-paint disclosure are usually separate forms you fill out.
What you don't have to disclose
Florida law says it's not a material fact that a property was the site of a homicide, suicide or death, or that an occupant had HIV or AIDS. (§689.25)
Practical tips before you list
- Gather records now: repair invoices, permits, insurance claims, roof and AC ages, inspection reports.
- Check your flood history: look up any flood insurance claims or assistance you received. The flood form asks about both.
- Search for open permits or code cases: your city's building department can tell you. Clearing them before listing avoids closing delays.
- Answer the disclosure form yourself: you know the house best. Your agent can explain the questions but can't answer them for you.
- When in doubt, disclose: an honest disclosure protects you far more than it costs you.
How we help Fort Lauderdale sellers
We walk you through every required form, help you gather records and permits before you list, and coordinate with your attorney and title company. See how we sell Fort Lauderdale homes or call (954) 342-6180.
Comparing ways to sell? Read flat fee MLS vs. full-service.
Talk to Scott about selling your home →
The Home Owners Listing Team · Brokered by Real Estate Sales Force Inc · (954) 342-6180
Frequently asked questions
Is there a required seller disclosure form in Florida?
State law requires specific notices (flood, radon, property tax, lead paint for older homes) but doesn't prescribe one general condition form. Many sellers complete a property disclosure form anyway, which documents what you told the buyer.
If I sell "as is," do I still have to disclose?
Yes. "As is" means you won't make repairs. It doesn't let you hide known defects a buyer can't see.
Do I have to disclose that my home is in a flood zone?
The flood disclosure law asks about flooding that damaged the home, flood claims and flood assistance. It doesn't ask for the flood zone. Buyers can look up flood zones themselves and should get a flood insurance quote.
What if I didn't know about a problem?
The disclosure duty covers what you know. Don't guess. Answer accurately and say "unknown" where that's true.
Does this apply to condos?
Yes, plus condo-specific document requirements. See our condo and HOA guide.
Information current as of October 2026. Florida law changes often. Confirm details with a Florida real estate attorney. Scott Lehr, PA is a Florida-licensed Realtor with The Home Owners Listing Team, brokered by Real Estate Sales Force Inc.
