Florida Seller Disclosure Requirements: What You Must Tell Buyers Before Closing

Florida law requires home sellers to disclose known material defects that affect the value of their property. Unlike some states where sellers can take a hands-off approach, Florida's disclosure requirements are specific and the consequences for non-disclosure can follow you for years after closing. Understanding exactly what you must disclose — and how to disclose it properly — protects you legally and builds the trust that keeps transactions moving forward.

Florida's Johnson v. Davis Standard

Florida's disclosure obligations stem primarily from the 1985 Florida Supreme Court case Johnson v. Davis, which established that sellers must disclose known facts that materially affect the value of the property and are not readily observable to the buyer. This is not a requirement to guarantee the condition of your home — it is a requirement to share what you know about defects that a buyer would not discover through normal observation.

The key elements of this standard are important to understand. First, the defect must be known to you. You are not required to hire experts to discover hidden problems. But if you know about an issue — whether you learned about it from living in the home, from previous inspections, or from contractors who performed work — you must disclose it. Second, the defect must materially affect value. A squeaky door hinge is not material. A history of foundation movement, roof leaks, or mold remediation is material. Third, the defect must not be readily observable. If the buyer can see a cracked window during their showing, you have no obligation to point it out separately, though doing so is still good practice.

What Specifically Must Be Disclosed

While Florida does not mandate a specific disclosure form the way some states do, most real estate transactions use a standard Seller's Property Disclosure form that covers the major categories buyers need to know about.

Structural and Roof Issues

Any known problems with the foundation, walls, roof, or structural integrity of the home must be disclosed. This includes past foundation repairs, roof leaks that were patched, settling cracks in block walls, and structural modifications made without permits. In Florida, where stucco is common, prior stucco cracking and repair is a disclosure item because it may indicate ongoing settlement or water intrusion issues.

Water Damage and Mold

Florida's humidity makes water intrusion and mold particularly common concerns. If your home has experienced water damage from leaks, flooding, or hurricane-related intrusion, disclose it along with what remediation was performed. Mold remediation is especially important to disclose because improperly remediated mold can return and create both health and structural concerns.

Even if repairs were professionally completed and the problem is fully resolved, the history of the issue must be disclosed. Buyers have the right to know about past problems so they can make informed decisions and, if desired, hire specialists to verify the repairs were adequate.

Flood Zone and Insurance Claims

If your property is located in a FEMA flood zone, this must be disclosed. Beyond the flood zone designation itself, any history of flood damage or flood insurance claims should be shared. Flood history affects future insurance availability and premiums, which directly impacts the cost of ownership for the buyer.

Similarly, any property insurance claims for wind damage, water damage, or other significant events should be disclosed. Insurance carriers track claims history through the CLUE database, and buyers will eventually discover this information through their own insurance application. Disclosing proactively prevents surprises that erode trust.

Environmental Hazards

Federal law requires disclosure of known lead-based paint in homes built before 1978. Beyond lead paint, Florida sellers should disclose any known environmental concerns including Chinese drywall, asbestos, radon testing results, underground storage tanks, and contamination from agricultural or industrial use of the property or adjacent land.

Sinkhole Activity

Florida law specifically addresses sinkhole disclosure. If your property has been tested for sinkhole activity and the results confirmed sinkhole conditions, you must disclose this along with any remediation performed. Sinkhole claims and repairs are recorded with the property and are discoverable, so non-disclosure creates significant legal exposure.

HOA Disclosures

If your home is in a community governed by a homeowners association, Florida Statute 720 requires specific disclosures including the existence of the HOA, current assessment amounts, any pending special assessments, and the buyer's right to review HOA documents before closing. The buyer has a three-day review period after receiving HOA documents during which they can cancel the contract.

Beyond the legal minimum, consider disclosing any ongoing HOA disputes, planned community improvements that may affect assessments, and any restrictions that commonly surprise buyers — such as rental restrictions, pet limitations, or vehicle parking rules.

What Happens If You Do Not Disclose

The consequences of non-disclosure in Florida can be severe. If a buyer discovers an undisclosed material defect after closing, they can pursue legal action for fraud, negligent misrepresentation, or breach of contract. Successful claims can result in the seller paying for repairs, compensatory damages, and in some cases rescission of the entire sale.

The statute of limitations for fraud in Florida is four years from discovery, meaning a buyer could come back years after closing if they discover an issue you knew about and failed to disclose. The legal costs of defending a non-disclosure claim often exceed what the repair would have cost in the first place.

Disclose With Confidence

Full disclosure is not a liability — it is your strongest legal protection. When you disclose known issues honestly and completely, you remove the basis for future claims and demonstrate the good faith that keeps transactions on track. Schedule a seller consultation to review your disclosure obligations for your specific property. For related preparation advice, read about what sellers should know about home inspections to understand what buyers will discover during their due diligence.