Florida Seller Disclosure Law 2026: What Sellers Must Tell You

FL sellers are legally required to disclose known material defects — even in AS IS transactions. Here's what must be revealed, what is exempt under FL statute, and what buyers can do when something is hidden.

The Legal Foundation: Johnson v. Davis (1985)

Florida seller disclosure law is rooted in a landmark Florida Supreme Court decision: Johnson v. Davis, 480 So.2d 625 (Fla. 1985). Before this ruling, sellers in Florida operated largely under the old common-law doctrine of caveat emptor — "let the buyer beware" — which placed almost all responsibility on buyers to discover defects on their own.

The Johnson v. Davis case changed everything. The Johnsons had sold their home to the Davises, knowing the roof leaked severely — and said nothing. The roof damage was concealed behind paint and drywall, invisible during a normal walkthrough. After closing, the Davises discovered the leak and sued. The Florida Supreme Court ruled in favor of the buyers and established a clear legal standard that governs Florida real estate to this day:

This duty applies to all FL residential sellers — individuals, estates, investors, and builders alike. It is not optional, and it cannot be waived by contract language. It is a judicial doctrine embedded in Florida common law, reinforced by decades of case precedent.

The Three Elements of the Disclosure Duty

For a fact to trigger the seller's disclosure obligation under Johnson v. Davis, three conditions must be present:

1. The seller must have actual knowledge. Sellers are not required to investigate or discover defects they don't know about. But if they know — or if they deliberately avoid knowing (a concept courts treat as constructive knowledge) — the duty applies.
2. The fact must materially affect value. Minor cosmetic issues that a buyer could see and price in don't qualify. Defects that would cause a reasonable buyer to pay less, negotiate differently, or walk away entirely are material.
3. The defect must not be readily observable. If the problem is visible — a stained ceiling, a cracked tile, a broken window — a buyer has the opportunity to see it. The disclosure duty targets hidden defects that buyers cannot reasonably discover through a standard walkthrough or inspection.

What Must Be Disclosed in Florida

Florida law does not provide a single exhaustive statutory list of required disclosures. Instead, the Johnson v. Davis standard applies across the board: known, material, not readily observable. Through case law, industry practice, and the standard FAR disclosure form, these categories consistently emerge as required disclosures:

Structural and Physical Defects

• Roof leaks and roof damage history — Including prior leaks, repairs, and insurance claims. If the roof was patched three times and is expected to need full replacement, that's material.
• Water intrusion and mold — Any history of flooding, water intrusion through the foundation, walls, or windows, and any known mold remediation (even if treated). Mold behind walls that a seller discovered and painted over without disclosing is one of the most common FL fraud claims.
• Structural issues — Foundation settling, sinkholes (known or suspected), cracked slabs, compromised load-bearing walls, or pier and beam problems.
• Chinese drywall — Homes built 2004–2008 may contain defective imported drywall that emits sulfur gas, corrodes wiring and HVAC components, and poses health risks. Known Chinese drywall must be disclosed regardless of whether remediation was completed.
• Unpermitted additions or improvements — A garage conversion, room addition, or pool installed without permits is a material fact. The buyer inherits the code compliance problem. Sellers must disclose known unpermitted work.
• Pest damage and treatment history — Active or prior termite damage, prior fumigation tenting, and known pest infestations are material.

Environmental and Hazard Disclosures

• Flood damage history — Including damage from named storms, even if the home was repaired. This is distinct from the FEMA flood zone designation (which is a public record), though sellers should also disclose their actual claims history.
• Underground storage tanks — Buried fuel or oil tanks, even decommissioned ones, are material and must be disclosed.
• Environmental contamination — Known soil or groundwater contamination, proximity to a Superfund site, or prior industrial use on the property.
• Lead paint — For homes built before 1978, federal law (not just FL) requires a separate lead-based paint disclosure and a 10-day inspection opportunity. This is a federal obligation layered on top of FL law.
• Radon — Florida has high natural radon levels in certain areas. While FL law does not require sellers to test, knowledge of elevated radon should be disclosed. Most FL purchase contracts include a radon advisory.

Legal, Financial, and HOA Issues

• Active HOA or condo association litigation — If the association is involved in a lawsuit (e.g., against a contractor, developer, or municipality), this affects the community's finances and must be disclosed. Pending special assessments tied to litigation should also be disclosed.
• Pending or planned special assessments — If the HOA board has voted or is actively planning a special assessment, sellers must disclose it even if it hasn't been formally levied yet.
• Code enforcement violations or liens — Open violations, citations, or liens against the property must be disclosed. Title search will typically surface recorded liens, but unrecorded violations that the seller knows about still trigger the disclosure duty.
• Boundary disputes or encroachments — If the seller knows a neighbor's fence, structure, or driveway encroaches on the property (or vice versa), that's material.
• Neighbor disputes affecting the property — Not every interpersonal dispute needs to be disclosed, but disputes that directly affect property use — a neighbor who routinely blocks your drainage easement, an ongoing nuisance situation, access road disagreements — are material.

What Does NOT Need to Be Disclosed in Florida

Florida law is explicit about certain categories of facts that sellers are not required — and in some cases, not permitted — to disclose. These statutory exemptions are important for buyers to understand so they know where disclosure law ends and their own due diligence begins.

Stigmatized Property — FL §689.25

Florida Statute §689.25 expressly provides that sellers are not required to disclose:

• That the property was the site of a homicide, suicide, or death
• That the property is alleged to be haunted or psychically disturbed
• That a prior occupant had or died from AIDS or HIV infection

These are classified as "stigmatized property" disclosures. FL law goes further: a buyer cannot use the seller's failure to disclose these facts as grounds to void a contract or recover damages. Sellers — and their agents — are legally shielded from liability for non-disclosure of stigmatized property facts.

Sex Offender Proximity — FL §689.261

Under Florida Statute §689.261, sellers are not required to disclose that a registered sex offender resides in the neighborhood. The statute places the responsibility on buyers to check the Florida Department of Law Enforcement (FDLE) sexual offender registry independently. The standard FAR-BAR contract includes a notice advising buyers of this right.

Buyers who want this information should visit offenderalert.fdle.state.fl.us directly — or ask their agent to walk them through the search before making an offer.

The Seller's Property Disclosure Form

Florida does not statutorily mandate that sellers complete a specific disclosure form. However, the Florida Association of Realtors (FAR) Seller's Property Disclosure form is the industry standard and is used in the vast majority of residential FL transactions. Most FL listing agents include it as a routine part of the listing package.

The form is comprehensive — typically 4–6 pages — and walks sellers through questions covering:

• Roof condition and age, known leaks, repairs
• Foundation, slab, and structural conditions
• Water intrusion, mold, and drainage
• HVAC, plumbing, and electrical systems
• Pool and spa condition (if applicable)
• Flood zone, flood damage, and insurance claims
• HOA information, fees, and any known assessments or disputes
• Permits, unpermitted work, and code violations
• Environmental hazards
• Easements, encroachments, and title issues

Even when no formal FAR form is used — which can happen in some FSBO or investor transactions — the Johnson v. Davis duty still applies. The absence of a form does not create an absence of obligation.

AS IS Contracts and Disclosure: A Critical Distinction

The AS IS Residential Contract for Sale and Purchase (the "AS IS contract") is widely used in Florida and is often misunderstood by both buyers and sellers. Here is the precise legal effect:

Latent vs. Patent Defects

Florida courts distinguish between two types of defects, and the distinction determines whether the seller's disclosure duty is triggered:

Latent Defects — Hidden, Not Readily Observable

A latent defect is one that is not visible or discoverable through a reasonable inspection. Examples:

• Mold growing inside a wall cavity, covered by drywall
• A roof structure weakened by prior leaks but covered by a new layer of shingles
• A foundation crack concealed beneath fresh paint and decorative concrete overlay
• Corroded electrical wiring inside conduit that looks intact from the outside
• A sinkhole that has begun forming beneath a slab but has not surfaced yet

Latent defects are the core of the Johnson v. Davis disclosure duty. If the seller knows about them, disclosure is required.

Patent Defects — Visible and Discoverable

A patent defect is one that is plainly visible or would be discovered through a normal inspection. Examples:

• A cracked tile or broken window clearly visible during a walkthrough
• A stained or sagging ceiling obviously damaged by water
• A deck with visibly rotted boards
• An AC unit that is clearly old and rusted

For patent defects, buyers have the opportunity to see and evaluate the condition themselves. Sellers generally do not have a legal obligation to disclose patent defects — though best practice (and good faith) is to disclose known history regardless. A stained ceiling that a buyer can see may or may not reveal the full scope of water damage in the attic above it; sellers should disclose what they know about the history even when the symptom is visible.

Buyer Remedies When Sellers Conceal Defects

When a buyer discovers after closing that a seller knowingly concealed a material defect, Florida law provides several avenues for relief:

1. Rescission

Rescission unwinds the entire transaction. The buyer returns the property and the seller returns the purchase price, plus reimbursement for costs the buyer incurred (closing costs, inspection fees, certain repairs). Rescission is typically available when the concealment is material enough that the buyer would not have purchased the property had they known.

2. Compensatory Damages

If the buyer prefers to keep the property, they can seek compensatory damages — the difference between what they paid and what the property was actually worth given the defect, or the cost to repair the concealed condition. In practice, this means getting expert contractor estimates and appraisal opinions documenting the impact on value.

3. Fraud Claim — Intentional Concealment

When a seller's concealment was intentional — not just a failure to disclose but an active effort to hide — the buyer may have a fraud claim under Florida common law. Fraud claims can support:

• Punitive damages (awarded in egregious cases to punish and deter)
• Attorney's fees (in some circumstances)
• Broader damages than a simple contract breach claim

4. Florida's Four-Year Statute of Limitations — F.S. §95.11(3)(j)

Fraud claims in Florida are subject to a four-year statute of limitations under Florida Statute §95.11(3)(j). The clock starts running from the date the defect was discovered — or the date it reasonably should have been discovered with due diligence — not necessarily from the date of closing.

Practical Buyer Tips: Protect Yourself Before Closing

Understanding the law is only half the battle. Here's how to use it effectively as a buyer in the FL market:

1. Get Disclosures in Writing — Always

Verbal disclosures from a seller or their agent are nearly impossible to prove after closing. If a seller tells you verbally that "the roof had one small leak in 2021 but it was fixed," ask them to note it on the disclosure form or in an email before you proceed. Courts look at written disclosures; they don't reliably credit "the agent told me verbally."

2. Read the Disclosure Form Line by Line

Don't skim it. Every "Unknown" response is a research task for your inspection. Every condition disclosed should generate a follow-up question: When did it happen? What was done? Were permits pulled? Was it covered by insurance? Ask for documentation — contractor invoices, permits, insurance claim summaries.

3. Ask Direct, Specific Questions in Writing

Before your inspection period expires, send written questions through your agent to the seller. Examples:

• "Has the property ever experienced flooding or water intrusion, including in the garage, attic, or crawlspace?"
• "Are there any known issues with the roof beyond what is disclosed?"
• "Has the property ever been tested for or treated for mold?"
• "Are there any planned HOA special assessments you are aware of?"
• "Has any work been performed on the property without permits?"

The seller's written response — or refusal to respond — becomes part of the record.

4. Hire a Licensed FL Home Inspector

A quality inspection is your first line of defense. In Florida, look for inspectors licensed under F.S. Chapter 468 (Florida Home Inspector licensing). Consider add-on services relevant to FL properties: thermal imaging for moisture, WDO (wood-destroying organism) inspection, mold testing, wind mitigation inspection, and four-point inspection (roof, HVAC, plumbing, electrical).

5. Do Not Rely on the Seller's Disclosure as a Substitute for Inspection

The seller's disclosure reflects what the seller knows and chooses to share. Sellers may not know about defects, may not recognize their significance, or may understate known issues. A thorough independent inspection is non-negotiable — especially for older FL homes, homes in flood zones, and homes with prior insurance claims visible in the CLUE report.

6. Pull Permits Before You Close

Request a permit history from the local building department before closing. Many FL municipalities offer online permit portals. Permitted work means inspectors signed off; unpermitted work means no oversight and potentially non-code construction that is now your problem. If you discover a discrepancy between what was disclosed and what the permit record shows, raise it before closing — not after.

7. Review HOA Documents with Care

Florida law (F.S. §720.303 for HOAs; F.S. §718.503 for condos) entitles buyers to receive governing documents, financials, and meeting minutes. These documents will reveal pending litigation, special assessment discussions, and reserve fund deficiencies that a seller may not even know about — or may be reluctant to highlight.

The Seller's Perspective: How to Stay Out of Trouble

Sellers reading this: the best protection against a post-closing lawsuit is full, honest disclosure — even when it's uncomfortable. Disclosing a prior roof repair may give a buyer negotiating leverage, but it is far less costly than defending a fraud claim two years after closing.

Complete the Disclosure Form Honestly

Mark "Yes" when you know something happened. Include dates, scope, and documentation where you have it. If you genuinely don't know, mark "Unknown" — not "No." Courts distinguish between honest uncertainty and willful ignorance.

Disclose Even After Repair

Just because you fixed the problem doesn't mean you don't have to disclose it. "The roof had a leak in 2022 — we replaced the affected decking and reshingles were done by XYZ Roofing, permit #12345" is exactly the kind of disclosure that protects sellers. It's transparent, documented, and gives buyers the information they need to evaluate the repair's quality.

Don't Over-Rely on AS IS

Using an AS IS contract does not immunize sellers from disclosure obligations. It changes repair dynamics; it does not change the duty to disclose. Sellers who use AS IS as a shield for non-disclosure are still legally exposed under Johnson v. Davis.

Document Everything You Did Disclose

If a buyer later claims you hid something, your defense depends on showing what you disclosed, when, and in what form. Keep a copy of the signed disclosure form and any written communications about property conditions. Your listing agent should retain these in the transaction file.

Quick-Reference Summary: FL Seller Disclosure Law