Seller Disclosure Form Florida: What You Must Reveal When Selling

If you are selling a home, the seller disclosure form in Florida trips up a lot of owners, because the rule is not what most people assume. Florida does not force you to fill out one specific state form, but it absolutely requires you to disclose what you know. That duty comes from a 1985 Florida Supreme Court case, and it applies even when you sell "as-is." Here is a plain-English guide to what you must reveal and the disclosures that go with a Florida sale.

Key takeaways

• Florida does not mandate a single statutory disclosure form, but sellers must disclose known material defects a buyer cannot readily see.
• The rule comes from Johnson v. Davis (1985); the standard Florida Realtors Seller's Property Disclosure is the common way to comply.
• Separate laws require property tax, radon, HOA, coastal, and lead-paint disclosures in specific situations.
• An as-is contract does not waive the duty to disclose known hidden defects.

Is a seller disclosure form required in Florida?

Not a specific one. Unlike some states that publish a mandatory statutory form, Florida law does not require sellers to use any particular document. What it requires is disclosure of the facts. The practical tool most sellers and agents use is the Florida Realtors "Seller's Property Disclosure, Residential," a standardized form that walks you through the systems and conditions buyers care about. Using it is smart risk management, but the legal obligation is to disclose, not to complete that exact page.

The rule behind it: Johnson v. Davis

Florida's disclosure duty comes from a landmark 1985 case, Johnson v. Davis. The Florida Supreme Court held that where the seller of a home knows of facts materially affecting the value of the property that are not readily observable and are not known to the buyer, the seller has a duty to disclose them. In plain terms, three things have to line up: you actually know about the problem, it materially affects value, and the buyer could not easily see it for themselves. A leaking roof you know about is the classic example; ordinary wear a buyer can spot is not.

This is why casual silence is dangerous. If you know the seawall is failing, the AC has a chronic problem, or the house floods in heavy rain, saying nothing can expose you to a fraud claim after closing. When in doubt, disclose. Our step-by-step guide to selling a house in Florida puts disclosure in the wider timeline.

Statutory disclosures Florida does require

Beyond the general Johnson v. Davis duty, several specific disclosures are written into law and apply in particular situations:

• Property tax summary (FS 689.261): Buyers must receive a summary warning that a home's current property taxes may not reflect what they will owe after a change of ownership triggers reassessment.
• Radon gas notice (FS 404.056): A prescribed radon disclosure statement must be included at or before the contract for sale of a building.
• HOA disclosure summary (FS 720.401): In a mandatory homeowners association, buyers must get a disclosure summary before signing, covering membership, covenants, and assessments; if it is not provided, the buyer can void within three days. Condos follow separate Chapter 718 disclosure rules instead.
• Coastal properties (FS 161.57): For property seaward of the Coastal Construction Control Line, sellers must give a written coastal disclosure at or before signing.

On top of state law, federal rules require a lead-based paint disclosure for most homes built before 1978, including the EPA pamphlet, a warning statement, and a 10-day window for the buyer to test. If your community has fees and rules, our overview of what HOA fees cover is a useful companion.

Selling "as-is" does not mean saying nothing

This is the biggest misconception. An as-is clause means you will not make repairs; it does not erase your duty to disclose known, material, hidden defects. Florida courts have repeatedly held that an as-is sale does not bar a buyer's claim for fraudulent nondisclosure. You can sell as-is and still owe honesty about what you know. For how the as-is path actually works, read our guide to selling a house as-is in South Florida, and see who pays closing costs in Florida for the rest of the money side.

Frequently asked questions

Does Florida require a seller's disclosure form?

Florida does not mandate one specific form, but it does require sellers to disclose known material defects that are not readily observable. Most sellers use the Florida Realtors Seller's Property Disclosure to document that.

What must a seller disclose in Florida?

Any known fact that materially affects the property's value and is not obvious to the buyer, such as roof leaks, structural issues, flooding, or system defects, plus statutory items like property tax, radon, HOA, coastal, and lead-paint disclosures where they apply.

Do I have to disclose if I sell my house as-is?

Yes. An as-is contract means you will not make repairs, but it does not waive your duty to disclose known, hidden, material defects under Johnson v. Davis.

What happens if a seller does not disclose a defect in Florida?

A buyer who later discovers a known, concealed, material defect may pursue a claim for damages or rescission. Disclosing up front is the far safer path.

Selling a home and unsure what to disclose? Pure Equity Realty will guide you through the paperwork the right way. Talk to our team or start with a free home valuation.

Sources

• Florida Realtors, Florida real estate disclosure laws
• Johnson v. Davis, Florida Supreme Court (1985)
• Florida Statutes 689.261, property tax disclosure
• Florida Statutes 720.401, HOA disclosure summary
• EPA, lead-based paint disclosure rule

This article is general information, not legal advice. Disclosure obligations depend on your specific facts; consult a Florida real estate attorney or your broker before you sell.