Florida doesn’t use a single, statewide “seller disclosure form” the way some states do. Instead, a seller’s disclosure duties come from a mix of case law and a handful of specific statutes — which catches a lot of first-time sellers off guard. Here’s a plain-English rundown of what Florida law actually requires, and a few things it doesn’t.
The Core Rule: Johnson v. Davis
The starting point is a 1985 Florida Supreme Court case, Johnson v. Davis. It established that a seller who knows of a fact materially affecting the property’s value that is not readily observable and not known to the buyer has a legal duty to disclose it. In other words: if you know about a defect, a buyer walking the property wouldn’t reasonably spot it, and it would matter to a reasonable buyer’s decision, you need to say something. This duty applies even in “as is” sales — an as-is contract shifts repair obligations to the buyer, but it does not erase the duty to disclose known, hidden material defects.
Specific Disclosures Florida Law Requires
On top of the Johnson v. Davis standard, a few disclosures are required by statute at or before the contract is signed: a flood disclosure stating whether the seller has flood insurance and has filed flood-related insurance claims; a radon gas disclosure (standard language is built into most Florida Realtors contract forms, so sellers rarely have to do anything extra beyond acknowledging it); and, if there’s an active code enforcement case against the property, written disclosure of that case along with the related paperwork. Failing to disclose a known code enforcement action before transferring title creates a legal presumption of fraud. Sellers of condos and homes in an HOA also need to provide governing documents, financial statements, and any known special assessments — buyers should always request these early in a condo or HOA transaction.
What Florida Law Does Not Require
A few things that newer sellers sometimes assume are required actually aren’t, under Florida law specifically. A death on the property, including a homicide or suicide, is not considered a material fact that must be disclosed. Purely cosmetic issues or defects a buyer could reasonably discover through an ordinary inspection generally don’t trigger the Johnson v. Davis duty, since the duty focuses on hidden, material defects. And for any home built before 1978, remember that federal law — not Florida law — requires a separate lead-based paint disclosure and pamphlet, regardless of the state rules above.
The Practical Takeaway
When in doubt, disclose it in writing. Verbal disclosures are technically allowed under Johnson v. Davis, but a written record protects both sides if a dispute comes up after closing. If you’re preparing to sell and aren’t sure what needs to be in writing, or you’re a buyer wanting to know what to ask for before you make an offer, our team can walk you through the paperwork for your specific property. This article is general information, not legal advice — for guidance on your specific transaction, talk with a Florida real estate attorney.