Florida Real Estate Disclosure Requirements: What Sellers Must Tell Buyers

Selling a home in Florida means handing the buyer a clear picture of what they are getting. Not a sales pitch — a factual account of anything that materially affects the property and is not obvious from a standard walkthrough. If you know about it and they cannot easily find it themselves, you are required to disclose it. That is the rule, and it has been settled law in Florida since 1985.

I am not a lawyer, and nothing in this post is legal advice. If you are navigating a specific disclosure issue — especially one involving prior damage, prior litigation, or anything with a dollar sign attached to it — talk to a Florida real estate attorney. What I can give you is a practical picture of how disclosure works in real transactions across Tampa Bay and Central Florida.

The Johnson v. Davis Standard: Where Florida Disclosure Law Comes From

Before 1985, Florida followed caveat emptor — buyer beware. Sellers had no obligation to volunteer information, and buyers protected themselves through inspections alone. Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), changed that entirely.

The case arose from a Broward County sale where the sellers told the buyers there were no roof problems. The buyers moved in. The roof leaked badly. The Florida Supreme Court held that sellers have a duty to disclose facts that: (1) materially affect the property's value, (2) are known to the seller, and (3) are not readily observable by the buyer or easily discoverable through normal inspection.

All three elements must be present. If the buyer could spot the issue themselves with reasonable attention — a cracked driveway, a cosmetic stain on a ceiling — that is not a latent defect requiring disclosure. But if the defect is hidden, known to the seller, and significant enough to affect what a buyer would pay, it must be disclosed.

“The 'as-is' designation does not give sellers permission to stay silent about known defects. It only removes the buyer's right to demand repairs during the inspection period.”

Latent vs. Patent Defects: The Distinction That Matters

Florida disclosure law distinguishes between two categories of defects. Understanding which is which tells you what the seller must volunteer versus what the buyer is expected to find on their own.

Patent defects

A patent defect is one that is visible and apparent — something a buyer could reasonably observe during a normal property inspection or walkthrough. A stained ceiling tile, a missing door handle, a section of fence that has fallen — these are patent defects. Sellers are not required to point out what buyers can see for themselves, though it is still good practice to be transparent.

Latent defects

A latent defect is concealed or not readily discoverable. This is where Johnson v. Davis applies. A seller who knows about a prior foundation repair, a recurring roof leak that was patched and painted over, or a drainage problem that floods the garage during heavy rain — and does not disclose it — is exposing themselves to a fraud or misrepresentation claim that survives closing. The statute of limitations for a non-disclosure claim in Florida is generally four years from when the buyer discovers or should have discovered the defect.

The practical test: if you hired someone to fix it, received an insurance payout for it, or know about it from experience living in the home, it is likely a latent defect that must be disclosed.

The FAR/BAR Seller's Property Disclosure Form

Most Florida residential transactions use the FAR/BAR contract — the joint form from Florida Realtors and the Florida Bar. A Seller's Property Disclosure form accompanies that contract, requiring sellers to answer yes or no on a structured list of known defects. This covers structural systems, water intrusion, pests, environmental hazards, legal issues, and HOA matters.

The disclosure form is not a substitute for the Johnson v. Davis duty. A seller can check no on every item and still be liable if they have personal knowledge of a defect they omitted. The form is a tool for organizing disclosure, not a ceiling on what must be shared.

One specific add-on to know: the FAR/BAR Mold Inspection Rider (form CR-6_I) allows buyers to negotiate a dedicated mold inspection period separate from the general inspection window. For any home with water-related items flagged on the disclosure, buyers should request this rider.

Statutory Disclosures: What Florida Law Requires Specifically

Beyond the Johnson v. Davis common-law duty, Florida has several statutes that require specific disclosures in residential sales. These apply regardless of whether the seller knows about the underlying condition.

Radon gas — FS 404.056

Every Florida real estate contract must include a radon disclosure statement. The statute specifies the exact language: radon is a naturally occurring radioactive gas that can accumulate in buildings, levels exceeding federal and state guidelines have been found in buildings in Florida, and testing is recommended. This language appears in the FAR/BAR contract by default. Sellers do not need to test their home — they need to ensure the statutory language is in the contract.

Lead-based paint — federal Residential Lead-Based Paint Disclosure Rule

For homes built before 1978, federal law requires sellers to disclose any known presence of lead-based paint or lead hazards, provide buyers with the EPA pamphlet Protect Your Family from Lead in Your Home, and allow buyers a 10-day window to conduct a lead paint inspection or risk assessment. This applies even if the seller has no knowledge of lead — the opportunity to test is a federal requirement.

Flood disclosure — FS 689.302 (effective October 1, 2024)

This is the newest statutory disclosure and a significant one for Florida sellers. Since October 1, 2024, sellers must complete a separate standalone Flood Disclosure form before or at contract execution. It requires sellers to state: whether they filed a flood insurance claim during their ownership, whether they received federal assistance (FEMA or otherwise) for flood damage, and whether they have knowledge of any flooding that damaged the property.

For sellers in coastal communities — Shore Acres, Venetian Isles, low-lying sections of New Port Richey, anywhere in Hillsborough or Pinellas County that saw water intrusion during Helene or Ian — this form is no longer optional and carries real liability if falsified.

Coastal construction — FS 161.57

For properties located wholly or partly seaward of the Coastal Construction Control Line, sellers must disclose that the property may be subject to regulations regarding construction, erosion, coastal protection structures, beach nourishment, and marine turtle protection. This applies to Gulf and Atlantic-facing coastal properties and is standard for most waterfront transactions in Pinellas County.

HOA disclosure — FS 720.401 and FS 718.503

Sellers in HOA communities must provide buyers with the HOA's declaration, bylaws, rules, most recent financial statements, and management information before or at contract execution. Condo sellers have a parallel obligation under Chapter 718. Buyers have a right to cancel the contract within three business days of receiving these documents and receiving their deposit back.

The AS-IS Contract and What It Does Not Protect

Florida uses an AS-IS Residential Contract for Sale and Purchase as its default form — what most people call the AS-IS contract. The AS-IS designation means the buyer accepts the property in its current condition and waives the right to demand repairs. It does not eliminate the seller's disclosure obligations under Johnson v. Davis or any of the statutes listed above.

A seller who knows about a defect, stays silent because the contract says AS-IS, and closes — is still exposed. The buyer can pursue rescission or damages after closing if they can prove the seller had actual knowledge of the undisclosed defect. The four-year statute of limitations runs from discovery.

The practical effect: sellers in Florida should treat the AS-IS contract as a repair negotiation tool, not as a shield against disclosure obligations.

Common Disclosure Pitfalls in Florida Transactions

Most disclosure disputes in Florida come down to a seller who knew about something, assumed it was resolved or minor, and did not tell the buyer. Here are the categories that come up repeatedly in Central Florida and Tampa Bay.

Sinkhole activity

Florida's karst geology means sinkhole activity is a material defect that must be disclosed — even if the sinkhole was repaired. A prior sinkhole claim, remediation, or insurance settlement on the property must be disclosed to buyers. Buyers can pull the property's insurance claim history through the Comprehensive Loss Underwriting Exchange (CLUE) report, but sellers who omit a known sinkhole repair are taking on significant post-closing exposure. Pasco County and Hernando County have the highest sinkhole concentration in the state; Hillsborough and Marion County also see regular activity.

Prior insurance claims

Insurance claim history — particularly for water damage, wind events, or sinkholes — is a disclosure item. Florida buyers are becoming more sophisticated about ordering CLUE reports on properties, and lenders often require them for underwriting. A seller who had a Citizens claim for roof damage after Hurricane Ian and repaired the roof but did not disclose the claim is creating a paper trail that contradicts their disclosure form. The FAR/BAR Seller Disclosure asks directly about prior claims.

Mold history and water intrusion

If a seller has had mold remediated, experienced a plumbing failure that caused wall cavity moisture, or had water enter the structure during a hurricane — that must be disclosed. This applies even if remediation was professionally completed and a clearance certificate was issued. Post-Ian and post-Helene, this is a particularly active disclosure issue in coastal Hillsborough and Pinellas counties. See our full guide to mold disclosure requirements at /blog/mold-disclosure-florida-real-estate.

Permit history and unpermitted work

Unpermitted additions, conversions, or alterations are a material defect. A seller who added a second bathroom without a permit, converted a garage into living space without county approval, or installed a pool enclosure without pulling a permit — must disclose that to buyers. Buyers can pull permit history directly from county property appraiser and building department records. In Hillsborough and Pinellas counties, this is public record, easily searchable by address. A seller who knows about unpermitted work and stays silent is inviting a rescission or repair claim after closing.

Flood and wind history

The new FS 689.302 flood disclosure form (effective October 2024) formalizes what was already a common-law duty: tell buyers if the property flooded, if you filed a claim, or if you received FEMA assistance. Beyond that form, sellers should disclose any window or door breach from wind events, roof damage, and any water intrusion through the building envelope, even if repairs were completed. Insurance carriers are sharing this data more freely with lenders and buyers. Nondisclosure becomes harder to sustain when a buyer's insurance adjuster flags a prior claim the seller denied knowing about.

Frequently Asked Questions

Does Florida require sellers to disclose if someone died in the home?

No. Florida Statute 689.261 specifically provides that the fact that a property was the site of a homicide, suicide, or death is not a material fact requiring disclosure. Sellers are not required to disclose it, and cannot be held liable for failing to do so. If a buyer asks directly, sellers may answer truthfully — but there is no legal obligation to volunteer it.

What happens if a buyer discovers a defect after closing that was not disclosed?

The buyer typically has four years from discovery to pursue a claim for fraudulent concealment or misrepresentation under Johnson v. Davis. Remedies can include rescission of the sale and return of the purchase price, or damages equal to the cost of repair. The buyer must show the seller had actual knowledge — which is easier to establish when there are prior repair permits, insurance claims, or remediation invoices on file.

Do sellers have to disclose defects they discover after signing the listing agreement?

Yes. The disclosure obligation continues through closing. If a seller discovers a new defect after the listing agreement is signed — a plumbing failure, a roof leak, a sinkhole subsidence event — they are required to update the disclosure. Withholding newly discovered information is the same exposure as withholding information known at listing.

What is the difference between the seller's disclosure and a home inspection?

The seller's disclosure reports what the seller knows. The home inspection finds what a licensed inspector can observe. These are complementary, not duplicative. Buyers should order an inspection regardless of what the disclosure says — and should take a thorough disclosure as useful input for where to focus the inspector's attention, not as a substitute for independent review.

Can a buyer waive their right to the seller's disclosures?

No. The disclosure obligations under Johnson v. Davis are a matter of law, not contract terms the parties can opt out of. A buyer can waive their right to inspect — which is different from waiving the seller's obligation to disclose what they know. Even in cash transactions with no inspection period, the seller's duty to disclose latent material defects remains intact.