What Florida sellers have to disclose

The general principle

Florida law requires disclosure of known facts that materially affect value and are not readily observable to a buyer.

Three elements matter in that sentence: you must know it, it must materially affect value, and it must not be something the buyer could readily see.

It is not limited to a form. A standard disclosure form is a useful way to record what you know, and completing one does not exhaust the obligation.

It applies to what you actually know rather than what you should have investigated, which is why sellers are not required to go looking for defects.

Selling as-is does not remove it. As-is means you will not repair; it does not mean you need not tell.

The consequences of getting this wrong outlast the closing, which is why the cautious approach is the sensible one.

What that typically covers in Florida

Roof condition, leaks and repairs, which given how much turns on the roof here is close to always material.

Water intrusion, flooding and any mould, whether current or remediated.

Structural issues, settlement and any repair to them.

Sinkhole activity or claims, and any related inspection or remediation, which is a specifically Florida concern.

Termite and wood-destroying organism damage and treatment.

Insurance claims and their outcomes, which affect what a buyer will pay for coverage.

Permits and any unpermitted work, code enforcement matters and association violations or assessments.

The federal one that is not optional

Homes built before 1978 carry a federal lead-based paint disclosure requirement.

It involves disclosing known lead-based paint and hazards, providing any records or reports you have, giving the buyer the required pamphlet, and allowing an opportunity to inspect.

It is separate from Florida's general disclosure principle and it applies regardless of how the sale is otherwise structured.

Given the age of much of South Florida's housing stock, it applies more often here than sellers expect.

The requirement is documentary, so the paperwork needs completing properly rather than the subject simply being mentioned.

Your agent or closing agent will have the forms, and this is one where following the process exactly is worth the small effort.

The community layer

Where the property is in a community, association documents, budgets, rules and financial position all form part of what the buyer is acquiring.

Florida provides for disclosure and a review period in community association purchases, and the specifics depend on the type of association and the transaction.

Practically, that means the governing documents, the budget, any pending assessment and the association's financial position need to reach the buyer.

For condominiums the structural inspection status and reserve position have become central, and a buyer's lender will establish them regardless.

Assemble the package before listing, because late delivery of association documents is one of the most common causes of delay in a Florida closing.

The precise requirements depend on the association and the circumstances, so your closing agent is the right person to confirm what must be delivered and when.

Why disclosing more is usually safer

A buyer's inspector will find most physical issues anyway, so concealment mainly buys a renegotiation at a worse moment.

A defect disclosed upfront is priced into the offer. A defect discovered later is renegotiated from a position where you have already committed.

Disclosure that turns out to be unnecessary costs you nothing. Non-disclosure that turns out to have been required can cost a great deal.

Buyers read a thorough disclosure as evidence of a careful owner, which affects how they read everything else about the property.

It also reduces the chance of a claim after closing, which is a liability that survives the transaction.

Where you are genuinely unsure whether something is material, the sensible instinct is to disclose it and let the buyer decide.

How to document it

Complete a disclosure form thoroughly rather than minimally, and take the time to think about each section.

Attach the evidence: inspection reports, invoices, permits, warranties and insurance correspondence.

Describe repairs in terms of what was wrong, what was done, by whom and when, since a vague reference invites questions.

Keep a copy of everything you provided and when, because a record of what was disclosed is what protects you later.

Where a previous owner did the work and you do not know the detail, say that rather than guessing, since an inaccurate statement is worse than an acknowledged gap.

Where you are unsure of your obligations in a particular circumstance, ask a lawyer. It is a short conversation about a long exposure.

What you are not required to do

You are not required to investigate the property to find defects you do not know about.

You are not required to repair what you disclose, which is the whole point of an as-is sale.

You are not required to disclose matters that are readily observable to a buyer walking through the property.

Florida has specific provisions about certain matters that are not required to be disclosed, and if a question of that kind arises it belongs with a lawyer rather than with an agent or a web page.

You are not required to guess. Where you do not know something, saying you do not know is an accurate answer.

The obligation is honesty about what you know, not omniscience about the property, and understanding that distinction makes the whole subject much less daunting.

Disclosure and the as-is contract

Selling as-is and disclosing fully are entirely compatible, and sellers who think otherwise are the ones who create problems for themselves.

As-is describes what you will do about a defect, which is nothing. Disclosure describes what you tell the buyer about it, which is everything you know.

A buyer who is told about a problem and buys as-is has accepted it knowingly, which is a far stronger position for the seller than a buyer who discovers it later.

The buyer generally retains the right to inspect under an as-is contract, so concealment achieves nothing except a renegotiation or a cancellation.

Documenting what was disclosed and when is what protects you, so keep copies of the disclosure and anything you provided alongside it.

Where a defect is significant and you are selling as-is, pricing for it openly is usually better received than pricing as though it does not exist and disclosing it in the paperwork.