Florida seller disclosures, inspections and insurance
Florida seller disclosure requirements rest on a single sentence from Johnson v. Davis: if you know a fact that materially affects value and the buyer cannot readily observe it, you have to tell them. This guide covers that duty, the flood disclosure added in 2024, what as-is does and does not do, and why insurability now decides who can buy your house.
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The duty in one sentence
Where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller has a duty to disclose them.
That is the holding in Johnson v. Davis, decided by the Florida Supreme Court in 1985, and it remains the foundation of residential disclosure here.
It replaced caveat emptor for residential sales, so a buyer no longer bears the whole risk of what they failed to discover.
It also created a cause of action for nondisclosure, meaning silence about something you know can be actionable without any false statement.
The court said the duty applies to all forms of real property, new and used.
Every disclosure argument in Florida is an argument about one of the terms in that sentence.
What has been added since
Florida now separately requires a flood disclosure on residential sales, in force since 1 October 2024.
It must be given at or before the sales contract is executed, which is earlier than most disclosure paperwork.
It covers knowledge of flooding during your ownership, flood insurance claims, disaster assistance and the statutory definition of flooding.
Condominium sellers face their own document and review requirements, covered in the condo cluster.
None of these replace the general duty. They sit alongside it.
Requirements are amended most legislative sessions, so use current forms rather than ones from a previous sale.
Insurance has become the practical gatekeeper
In Florida the question is frequently not whether a defect can be repaired but whether the property can be insured.
A buyer who cannot obtain a policy cannot obtain a mortgage, which removes financed buyers entirely.
Roof age is the dominant factor, followed by plumbing material and electrical panel type.
That converts what looks like a repair question into a demand question, which is a different calculation.
It is why this cluster treats roofs and plumbing as sale strategy rather than as maintenance.
It is also why a four-point or wind mitigation inspection is often worth obtaining before listing.
As-is does not do what people think
An as-is contract means you are not agreeing to make repairs. It is about who pays, not about what must be said.
It does not remove the duty to disclose known material defects that are not readily observable.
It does not prevent the buyer inspecting, nor does it stop them cancelling within their inspection period.
It does not protect a seller who conceals a known problem.
It does not make a property easier to insure or finance, which is a separate matter entirely.
Confusing these is one of the most expensive misunderstandings in Florida residential sales.
What sellers forget they know
Work done without a permit, including by a previous owner, which surfaces in the permit record.
A repair that was done cheaply and did not hold, which you know and a buyer cannot see.
An insurance claim you made, since claims history is discoverable through industry databases.
Standing water after heavy rain, which falls within the statutory definition of flooding.
Anything a contractor, inspector or engineer told you, because being told is knowing.
An association matter discussed at a meeting you attended, whether or not it has been voted.
Why disclosure is the cheaper strategy
A disclosed defect becomes a known defect, and a buyer who proceeds with knowledge has accepted it.
It converts a potential claim into a negotiated term, which is a far better position to be in.
It removes the leverage a buyer gains from discovering something during their inspection period.
It reduces cancellations, which cost you marketing weeks and leave the listing with a history.
Sellers who disclose thoroughly generally have quieter, faster transactions.
The cost of disclosing something that turned out not to matter is close to zero. The reverse is not.
Where this stops being an agent's question
Whether a particular fact is material is a legal judgement, and it is litigated regularly.
Whether something counts as readily observable depends on facts a general article cannot resolve.
Whether a repair was adequate is an engineering question rather than a real estate one.
If you are weighing whether something must be disclosed, that belongs with a Florida attorney.
We will always advise disclosure where there is doubt, because that is the position that protects you.
An agent who tells you to stay quiet about something is giving advice outside their competence.
The documents worth gathering before listing
Permit records for any work done, which establish both authorisation and completion.
Repair invoices, warranties and contractor details for anything significant.
Insurance claims history, particularly anything relating to water, wind or roof damage.
A wind mitigation report, and a four-point where the property's age makes one likely to be requested.
Any engineer or specialist report you have commissioned.
Flood zone designation and an elevation certificate where one exists.
The order we work in
We walk the property and ask direct questions about repairs, claims, permits, water and pests.
We check the municipality's permit record rather than relying on recollection, because open permits are common.
We recommend a pre-listing inspection where the property's age or history makes surprises likely.
We separate insurability issues from cosmetic ones, because only the first affects who can buy.
We prepare the disclosures, including the flood disclosure, before a contract rather than during one.
We route genuinely uncertain legal questions to an attorney instead of guessing at them.
What this is not
This guide describes how disclosure works in Florida residential sales in general terms.
It is not legal advice and it cannot tell you what your specific obligation is on your specific property.
Materiality is fact-specific, and the same issue can be material in one sale and not in another.
Statutes are amended most sessions and case law develops, so check that what you read is current.
Where the answer matters, and it usually does, a Florida real estate attorney is the right person to ask.
What we can do is make sure the question gets asked before a contract rather than after one.
In This Guide
Every cost, answered separately
What Florida sellers must disclose
What Florida sellers must disclose comes from Johnson v. Davis: known facts materially affecting value that a buyer cannot readily observe. What that means in practice.
Florida flood disclosure for home sellers
Florida flood disclosure for home sellers has been required since October 2024. What the form covers, when it must be given, and how flooding is defined.
4-point and wind mitigation inspections for sellers
4-point and wind mitigation inspections explained for Florida sellers: what each one covers, who asks for them, and when getting one before listing pays off.
Selling a home with an old roof in Florida
Selling a home with an old roof in Florida: how roof age decides insurability and your buyer pool, and whether replacing before listing actually pays.
Cast iron, polybutylene and galvanized plumbing
Cast iron, polybutylene and galvanized plumbing affect Florida insurability and buyer confidence. What each material means for your sale and your options.
Selling a house as-is in Florida: what it really means
Selling a house as-is in Florida means you will not make repairs. It does not remove your disclosure duty or the buyer's right to inspect and cancel.
Open permits and code violations before closing
Open permits and code violations attach to the property, not the owner. How to find them before listing and what it takes to clear them before closing.
Pre-listing home inspection: worth it or not?
A pre-listing home inspection turns unknowns into decisions you make on your own schedule. When it pays for a Florida seller, and when it is unnecessary.
Frequently Asked Questions
- What do Florida sellers legally have to disclose?
- Under Johnson v. Davis, known facts materially affecting the value of the property which are not readily observable and are not known to the buyer. Florida separately requires a flood disclosure at or before contract execution. Both apply to ordinary residential sales.
- Does an as-is sale remove my disclosure duty?
- No. As-is addresses who pays for repairs, not what must be said. The duty to disclose known material defects applies exactly as in any other residential sale, and the buyer still has an inspection period and a right to cancel within it.
- What is the flood disclosure requirement?
- A statutory requirement effective 1 October 2024, given at or before the sales contract is executed. It covers knowledge of flooding damage during your ownership, flood insurance claims filed, disaster assistance received, and carries the statutory definition of flooding.
- Why does insurance matter so much to disclosure in Florida?
- Because insurability decides whether financed buyers can purchase at all. Roof age, plumbing material and electrical panel type can each make a property difficult to insure, and no policy means no mortgage. That turns a repair question into a demand question.
- Am I responsible for a previous owner's unpermitted work?
- In practice yes, because permits and violations attach to the property rather than to a person. It surfaces in the permit record during the transaction and closing agents will not usually close over it, so resolving it falls to whoever is selling.
- Should I get a pre-listing inspection?
- On older properties, estates, rentals and as-is sales, usually. It converts unknowns into decisions you make on your own schedule, lets you get your own quotes, and removes the leverage a surprise finding would otherwise hand the buyer mid-contract.
- What if I am not sure whether something is material?
- Disclose it, or ask a Florida attorney. Materiality is a legal judgement that is litigated regularly, and the cost of disclosing something that turned out not to matter is essentially nothing compared with the cost of the reverse.
- Can I be sued for something I did not know about?
- The duty runs to facts you know. Genuine ignorance is a different position from concealment. That is also why being told something by a contractor or inspector matters, because being told is knowing for these purposes.
- Does disclosure hurt my price?
- It gets the issue priced into the offer rather than renegotiated later from a weaker position. Sellers who disclose thoroughly generally have quieter transactions and fewer cancellations. The alternative is not a higher price, it is a more fragile one.
- Is a disclosure form enough?
- The form is a tool for meeting the duty rather than the definition of it. Completing it does not discharge the obligation if you know something the form did not ask about. Where there is doubt, add it rather than leaving it off.
Talk It Through
Get the number before you decide anything
A written net sheet on your property answers most of what this guide raises, and it takes us a short conversation to produce. There is no cost and no obligation to list.
Buying as well as selling? Start with our buyer guide or browse homes for sale.
Keep Reading
Related seller guides
- Selling a house as-is in Florida: what it really means
- Florida flood disclosure for home sellers
- 4-point and wind mitigation inspections for sellers
- Selling a home with an old roof in Florida
- Open permits and code violations before closing
- Cast iron, polybutylene and galvanized plumbing
- Pre-listing home inspection: worth it or not?
- What Florida sellers must disclose
- Selling in a difficult situation
- Behind on mortgage payments: options before foreclosure