Do Florida Sellers Get a Copy of the Inspection Report? Your Disclosure Duty If the Deal Falls Apart

Many Florida sellers ask the same thing during a sale: can I get a seller copy of inspection report findings from the buyer? The short answer is that the buyer usually orders and pays for the inspection, so the buyer controls the report. But Florida contracts give sellers some rights to see parts of it. And once you learn about a serious defect, you may have to tell the next buyer, even if the first deal falls apart. This guide explains who owns the report, when you can ask for it, and how to protect your relisting.

Key takeaways

• The buyer usually hires and pays the inspector, so the report belongs to the buyer and the inspector, not the seller.
• Under the standard FR/BAR contract, a seller can ask in writing for the part of the inspector's report that covers the repair items the buyer wants fixed.
• Florida law, based on the 1985 case Johnson v. Davis, requires sellers to disclose known facts that materially affect value and are not readily observable.
• What you learn from a report can create a duty to disclose to the next buyer, whether or not the first deal closes.
• A second inspection, licensed repairs and an updated disclosure are the usual ways to move forward.

Who owns the report, and can the seller get a copy of the inspection?

In most Florida sales, the buyer chooses the home inspector during the inspection period. The buyer signs the inspector's agreement and pays the fee. As a result, the report is prepared for the buyer. Many inspectors also state in their agreement that the report is only for their client.

So a seller has no automatic right to the full report. The buyer may share it, share only part of it or keep it private. That said, your contract may give you a right to see some of it.

When can a seller get a copy of the inspection report?

It depends on the contract you signed. Most Palm Beach County sales use forms approved by Florida Realtors and The Florida Bar. The two most common are the standard FR/BAR Residential Contract and the AS IS version.

The standard FR/BAR contract

Under the standard contract, the seller agrees to fix certain items up to a set repair limit. If the buyer asks for repairs, the seller can request in writing a copy of the part of the professional inspector's written report that covers those items. Florida real estate attorneys at Berlin Patten Ebling describe this change in the form. In other words, the seller sees the findings behind each repair request, not always the full report.

The AS IS contract

The AS IS contract works differently. Under it, the buyer can inspect and then cancel during the inspection period for almost any reason. The seller does not promise repairs. So there may be no repair request at all, and no matching right to see the report. Check your own version of the contract, because forms are updated from time to time.

Asking the buyer for a seller copy of the inspection report

Even without a contract right, you can ask. Some buyers share the report to support a price cut or a credit request. A seller copy of inspection report pages can help you decide how to respond. Still, think before you ask, because what you learn becomes your knowledge.

Using a seller copy of inspection report pages during an active deal

Most of the time, the report shows up in the middle of a negotiation. The buyer sends a repair request or asks for a credit, and the report pages back it up. How you respond can keep the deal alive.

First, read each item with your agent. Some requests are fair, such as a leaking water heater or a broken window seal. Others are wish-list items, like cosmetic updates. Next, get your own quotes for the serious items, since a buyer's estimate may run high. Then answer in writing.

You usually have a few choices. You can agree to fix an item, offer a credit at closing, offer a lower price, or decline. Your agent can explain how each choice fits the deadlines in your contract. Keep in mind that the buyer may still cancel within the inspection period, so a reasonable reply often pays off.

Your disclosure duty in Florida

Florida does not require one single disclosure form for every sale. However, Florida courts have set a clear rule. In Johnson v. Davis, the Florida Supreme Court held that a home seller who knows of facts that materially affect the value of the property, which are not readily observable and not known to the buyer, must disclose them.

That duty applies even to as is sales of homes. In addition, Florida law requires real estate licensees to disclose known facts that materially affect the value of residential property and are not readily observable to the buyer, under section 475.278. So your agent cannot keep a known defect quiet either.

Our guide to the Florida seller disclosure form explains what the common form asks and how to fill it out.

What happens when a seller copy of inspection report findings shows a defect

Here is the hard part. Suppose a buyer's inspector finds a roof leak, a cracked slab, or old wiring. The buyer cancels and hands you the report. Now you know about the problem.

If the issue is material and not easy to see, you likely need to disclose it to the next buyer. A failed deal does not erase what you learned. Also, a buyer's agent may already know about the prior report from the first round, so silence is risky.

Not every item in a report is a material defect, though. Reports often list minor wear, maintenance tips and items that are plainly visible. Material issues tend to involve structure, the roof, water intrusion, major systems, or safety. When you are unsure, ask a Florida real estate attorney.

A buyer's opinion is not always the final word

Inspectors can be wrong, or they can flag an item for a specialist without confirming a problem. For example, a general inspector may note a possible roof leak and suggest a roofer review it. In that case, getting the specialist's opinion is a smart step. If a licensed roofer finds no active leak and documents it, you have better facts to share with the next buyer.

Protect your relisting after the deal falls apart

A failed deal is frustrating, but it gives you useful information. Use it to make the next sale stronger.

1. Read the seller copy of inspection report pages closely, and sort items into minor, cosmetic and material.
2. Get a second opinion from a licensed contractor or specialist on each material item.
3. Decide whether to repair, offer a credit or adjust the price.
4. If you repair, use licensed contractors, pull permits where needed and keep the receipts.
5. Update your disclosure form to reflect what you know and what you fixed.
6. Share the repair records with the next buyer, along with the disclosure.

Many sellers also order a pre-listing inspection at this stage. That way, there are fewer surprises for the next buyer. Our post on home inspection costs in Florida covers what that usually involves.

Repair, credit or price cut?

Each choice has trade-offs. A repair with permits and receipts often reassures buyers the most. With a credit, the buyer can choose their own contractor, though some lenders limit how credits can be used. A price cut is simple, but it may draw lower offers overall. Your agent can help you compare the net result of each path.

Getting a seller copy of inspection report results in Boca Raton, Delray Beach and Palm Beach Gardens

The rules are the same across Florida, but local housing shapes what inspectors find. Older homes in parts of Boca Raton and Delray Beach may draw notes on roofs, plumbing or electrical panels. Many condos in these towns also face association repair work, which buyers will ask about. Newer homes in Palm Beach Gardens may raise fewer system issues but still show items like drainage or minor stucco cracks.

In every town, the same advice applies. Know what is in the report, get expert opinions on serious items, and disclose what you know.

Frequently asked questions

Can a seller copy of inspection report pages be required in Florida?

Not the full report in most cases. Under the standard FR/BAR contract, a seller can request in writing the part of the report that covers the buyer's repair requests. Other contracts may differ, so check yours.

If I never see the report, do I still have to disclose?

Your duty covers what you actually know. If you never learn of a defect, you cannot disclose it. However, if the buyer tells you about a problem, even without the report, you now know about it.

Does a cancelled deal mean my home has a problem?

Not always. Buyers cancel for many reasons, such as financing, insurance quotes or a change of plans. Even so, ask your agent why the buyer left, so you can address any real concern.

Should I get my own inspection before I relist?

It is often a good idea after a deal falls apart. A fresh inspection, plus specialist opinions on serious items, gives you clear facts for pricing and disclosure.

Sources

• Johnson v. Davis, 480 So. 2d 625 (Fla. 1985)
• Florida Statutes, s. 475.278 (brokerage relationships and disclosure duties)
• Berlin Patten Ebling, general property repairs under the standard contract
• The Florida Bar Journal, buyer claims in Florida real estate
• Florida Realtors, Florida real estate contract laws

This article is general information, not legal advice. Disclosure duties depend on the facts, so consult a Florida real estate attorney about your own situation.

Did a deal fall apart after the inspection? Book a no-obligation listing consultation, and we will help you sort the findings, plan repairs or credits and relist with a clean disclosure. If you are buying, our agents can help you read inspection reports with confidence too. Contact Pure Equity.