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 will guide you through the paperwork the right way. Talk to our team or start with a free home valuation.

Disclosure protects you more than it protects the buyer

Sellers treat disclosure as a risk and it is closer to the opposite. A defect you disclose is a defect the buyer accepted with knowledge, which is a materially different position from one they discover afterwards.

The Florida duty comes from case law rather than from a mandatory form: a seller of residential property must disclose known facts materially affecting the value of the property that are not readily observable to the buyer. Three elements do the work there. You must know it, it must be material, and it must not be something the buyer could reasonably see.

So the practical test is not whether disclosing might cost you a little on price. It is whether a court would later find you knew something material and said nothing, which is a far more expensive outcome than a negotiated repair.

How to write a disclosure that actually helps you

Vague disclosure is close to no disclosure, and it is where sellers get into difficulty while believing they were honest.

• Be specific about what and when. Not "some past roof issue" but what happened, roughly when, and what was done about it.
• Attach the paperwork. Invoices, permits and warranties do more than a description, and they demonstrate the repair was real.
• Disclose the repaired as well as the unrepaired. A properly fixed problem, documented, reassures a buyer. The same problem discovered later looks concealed.
• Say when you do not know. "Unknown" is a legitimate answer for something you genuinely have no knowledge of, and it is far better than a guess presented as fact.
• Do not speculate about causes. Describe what you observed and what was done rather than offering a diagnosis you are not qualified to give.

When you are unsure whether something is material, the sensible default is to disclose. The downside of over disclosing is a conversation. The downside of under disclosing is a claim after closing.

As is changes the contract, not the duty

This is the most consequential misunderstanding in Florida residential sales, and it costs sellers real money.

An as is contract means you are not agreeing to make repairs. It does not relieve you of the obligation to disclose known material defects that are not readily observable. Selling as is while staying silent about a known problem is exactly the situation the disclosure duty exists to address.

Used properly, as is and full disclosure work well together: you tell the buyer what you know, and you decline to fix it. That is a clean position. Silence is not.

Statutory disclosures sit alongside the general duty

Beyond the general obligation, Florida requires specific disclosures in defined circumstances. These commonly include property tax matters, community development district status where applicable, association and condominium documents, and flood related disclosure on residential sales.

The list and the required content are set by statute and are amended, so confirm the current requirements with your closing agent or a Florida attorney rather than relying on a form you used previously. A form that was compliant three years ago may not be now.

Timing matters as much as content

Disclose early, ideally before an offer is made rather than after inspection.

A buyer who learns about a problem at the start prices it into their offer. A buyer who learns about it in week three renegotiates from a position of suspicion, and frequently asks for more than the issue is worth because they now wonder what else was not mentioned.

Early disclosure also filters out buyers who were never going to accept the issue, which saves you weeks of marketing time you would otherwise lose.

More common questions

Is a disclosure form legally required in Florida?

The duty comes from case law rather than a universally mandated form, and specific statutory disclosures do apply in defined situations. Most transactions use a standard form because it is the practical way to satisfy the duty.

Do I have to disclose a repaired problem?

If it was material and would not be readily observable, disclose it and attach the documentation. A documented repair is reassuring; a concealed one is not.

What happens if I do not disclose?

A buyer who discovers an undisclosed material defect may have a claim against you after closing. That exposure generally outlasts the sale, which is why silence is the expensive option.

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.