Florida Seller Disclosure Requirements: What You Must Tell Buyers

Florida law imposes meaningful disclosure obligations on sellers of residential real estate. The standard is broader than many sellers expect — and the consequences of failing to disclose a known material defect can follow you well past the closing table.

This guide explains what Florida requires sellers to disclose, what the law's material defect standard actually means in practice, and how these obligations apply specifically to Emerald Coast beach properties.

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Who Is Kinsey Haddock P.A.?

I'm a licensed Florida REALTOR® and Broker Associate with Coldwell Banker Realty — Panhandle, representing sellers and buyers across the Emerald Coast and the Forgotten Coast. License #BK3253849.

This post is for informational purposes only and does not constitute legal advice. Consult a licensed Florida real estate attorney for guidance specific to your transaction.

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The Foundation: Johnson v. Davis and the Material Defect Standard

Florida's seller disclosure obligations are rooted in the 1985 Florida Supreme Court decision Johnson v. Davis, which established that sellers of residential real estate have an affirmative duty to disclose facts that:

1. The seller knows about
2. Are not readily observable by the buyer
3. Materially affect the value of the property

This is not a narrow standard. "Materially affects the value" has been interpreted broadly by Florida courts to include anything that would influence a reasonable buyer's decision to purchase or the price they would pay. You do not need to be a lawyer to apply it — if you know about it and a reasonable buyer would want to know, disclose it.

The standard applies to sellers directly and also to real estate licensees (agents) under Florida Statute 475.278, which requires agents to disclose all known facts that materially affect the value of residential real property.

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What Florida Sellers Are Required to Disclose

Structural and Physical Defects

Any known defect in the physical structure of the property that is not readily observable must be disclosed. This includes:

• Roof condition: Known leaks, prior repairs, age of the roof if known to be near end of useful life
• Foundation issues: Cracks, settling, prior repairs, known soil conditions
• Water intrusion: Any history of water intrusion, moisture damage, or mold — even if remediated
• HVAC systems: Known failures, age, or inadequate capacity
• Plumbing: Known leaks, pipe condition issues, prior repairs
• Electrical: Known deficiencies, outdated wiring, panel issues
• Pest damage: Known termite damage or prior termite treatment history
• Chinese drywall: If the property was built between 2001 and 2009 and contains defective Chinese drywall, this must be disclosed

Flood History and Flood Zone Status

Florida Statute 689.302, effective January 1, 2024, requires sellers to complete a specific flood disclosure form disclosing:

• Whether the property has experienced flooding or flood damage
• Whether the property is located in a Special Flood Hazard Area (SFHA) as designated by FEMA
• Whether the seller has made flood insurance claims on the property
• Whether the seller has received federal disaster assistance related to flooding

This is a mandatory statutory disclosure — it is not optional and it is not satisfied by a general "as-is" clause. See our detailed post on Florida seller flood disclosure requirements for the full breakdown.

HOA and Condo Association Disclosures

For properties subject to a homeowners association or condominium association, Florida law requires sellers to disclose:

• HOA/condo association existence and fees: The buyer must be informed that the property is subject to association governance and the current fee amounts
• Pending special assessments: Any known special assessment that has been approved but not yet levied, or that is under active discussion by the board
• Pending litigation: Any known litigation involving the association that could materially affect the property's value or the buyer's obligations
• Milestone inspection findings: For condominiums in buildings three stories or taller, any known milestone inspection findings or required repairs under Florida's post-Surfside condo safety laws

For condominiums, the seller is also required to provide the buyer with the association's governing documents — declaration, bylaws, rules and regulations, most recent budget, and reserve fund disclosure — within a specific timeframe. The buyer then has a right of rescission after receiving these documents.

Property Tax Disclosure

Florida Statute 689.261 requires sellers to disclose that the property's current property tax assessment may not reflect the taxes the buyer will owe after purchase. This is particularly relevant for properties that have benefited from the homestead exemption or the Save Our Homes assessment cap — both of which are lost when the property changes hands. Buyers who purchase a homesteaded property may face a significantly higher tax bill in their first year of ownership.

Environmental Hazards

Known environmental hazards on or affecting the property must be disclosed, including:

• Radon: Florida has elevated radon levels in many areas. While sellers are not required to test, known radon issues must be disclosed. Florida law requires that buyers be provided with the Florida Radon Protection Act notice.
• Lead-based paint: For homes built before 1978, federal law (not just Florida law) requires sellers to disclose known lead-based paint hazards and provide buyers with the EPA's lead paint pamphlet. Buyers must be given a 10-day opportunity to test.
• Underground storage tanks: Known presence of underground storage tanks, whether active or decommissioned
• Contamination: Any known soil or groundwater contamination affecting the property

Zoning, Use Restrictions, and Short-Term Rental Status

For Emerald Coast properties, this category is particularly important:

• Short-term rental restrictions: If the property is subject to HOA rules, local ordinances, or deed restrictions that prohibit or limit short-term rentals, this must be disclosed. Many buyers purchase Emerald Coast properties specifically for vacation rental income — a restriction on that use is a material fact.
• Zoning changes: Any known pending zoning changes that could affect the property's use or value
• Code violations: Any known open code violations or notices of violation
• Unpermitted improvements: Any additions or improvements made without required permits

Noise, Nuisance, and Neighborhood Conditions

This is an area where sellers sometimes underestimate their obligations. Known conditions that materially affect the value of the property — even if they are off the property itself — may need to be disclosed. This can include:

• Known flight path changes or airport expansion plans that will increase noise
• Known commercial development planned for adjacent property
• Known nuisance conditions from neighboring properties

The test is always: would a reasonable buyer want to know this? If yes, disclose it.

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What "As-Is" Does and Does Not Mean

Many Emerald Coast properties are sold "as-is." Sellers and buyers sometimes misunderstand what this means for disclosure obligations.

"As-is" does NOT eliminate the seller's duty to disclose known material defects. An as-is clause means the seller is not agreeing to make repairs — it does not mean the seller can conceal known defects. A seller who sells as-is while concealing a known material defect remains liable for that non-disclosure after closing.

"As-is" DOES mean the buyer accepts the property in its current condition — subject to their right to inspect and cancel during the inspection period if they discover conditions they are not willing to accept.

The practical effect of an as-is sale: the seller discloses what they know, the buyer inspects, and if the buyer discovers issues during inspection, their remedy is to cancel (not to demand repairs). The seller's disclosure obligation is unchanged.

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The Seller's Property Disclosure Statement

In practice, Florida sellers typically complete a Seller's Property Disclosure Statement — a standardized form that walks through the major disclosure categories. The Florida Realtors association publishes a standard form that covers:

• Structural components (roof, foundation, walls, windows)
• Mechanical systems (HVAC, plumbing, electrical)
• Water and moisture history
• Pest and wood-destroying organism history
• Environmental hazards
• HOA and condo association information
• Legal and title matters
• Flood and insurance history

Completing this form carefully and honestly is the foundation of your disclosure obligation. But the form is a floor, not a ceiling — if you know something material that is not covered by the form, you should disclose it separately in writing.

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Consequences of Non-Disclosure

Sellers who fail to disclose known material defects face serious post-closing exposure:

Rescission: A buyer who discovers a concealed material defect after closing may have the right to rescind the transaction — unwinding the sale and requiring the seller to return the purchase price.

Damages: Even without rescission, a buyer may sue for the cost to repair the undisclosed defect, diminution in value, and consequential damages.

Fraud claims: Intentional concealment of a known material defect can give rise to a fraud claim, which may support punitive damages and attorney's fees.

Statute of limitations: Florida's statute of limitations for fraud is 4 years from discovery. A seller who conceals a defect does not necessarily escape liability just because the closing is in the past.

The practical lesson: the cost of disclosure is almost always less than the cost of a post-closing dispute. When in doubt, disclose.

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Disclosure Obligations Specific to Emerald Coast Properties

Several disclosure issues come up with particular frequency on Emerald Coast beach properties:

Flood history and FEMA flood zone status. Gulf-front and Gulf-view properties are frequently in Special Flood Hazard Areas. Sellers must complete the Florida flood disclosure form and disclose any history of flood damage or insurance claims. See our detailed post on Florida seller flood disclosure requirements.

Short-term rental restrictions. Many Emerald Coast communities have HOA rules or deed restrictions limiting or prohibiting short-term rentals. This is a material fact for buyers who intend to use the property as a vacation rental. Sellers must disclose known restrictions.

Milestone inspection findings (condos). Florida's condo safety laws enacted after the Surfside collapse require milestone inspections for buildings three stories or taller that are 30 years old or older (25 years for buildings within 3 miles of the coast). Any known findings from a milestone inspection — or the fact that an inspection is required and has not yet been completed — must be disclosed.

Pending special assessments. Older condo buildings on the Emerald Coast are facing significant special assessments for deferred maintenance, structural repairs, and reserve fund requirements under the new condo safety laws. A known pending assessment is a material fact that must be disclosed.

Hurricane damage history. Any known hurricane damage — even if repaired — should be disclosed. This includes roof damage, water intrusion, and structural damage from named storms.

CBRA zones. Properties in Coastal Barrier Resources Act (CBRA) zones are ineligible for federally backed flood insurance, which significantly affects financing and insurance costs. If the property is in a CBRA zone, this should be disclosed.

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FAQ

Does Florida require a specific seller disclosure form?

Florida does not have a single mandatory disclosure form for all residential sales, but the Florida Realtors association publishes a standard Seller's Property Disclosure Statement that is widely used. For flood disclosure specifically, Florida Statute 689.302 requires a specific flood disclosure form. For condominiums, there are additional required disclosures related to the association.

Does selling "as-is" eliminate my disclosure obligations?

No. An as-is clause means you are not agreeing to make repairs — it does not eliminate your duty to disclose known material defects. Selling as-is while concealing a known defect still exposes you to post-closing liability.

What is a material defect in Florida?

Under the Johnson v. Davis standard, a material defect is a fact that: (1) the seller knows about, (2) is not readily observable by the buyer, and (3) materially affects the value of the property. Florida courts have interpreted this broadly — if a reasonable buyer would want to know it, it is likely material.

Do I have to disclose repairs that have already been made?

Yes, in most cases. Prior repairs to address a known defect — especially structural repairs, water intrusion remediation, or mold remediation — should be disclosed even if the repair was successful. The history of the condition is relevant to a buyer's assessment of the property.

What happens if I forget to disclose something?

Inadvertent non-disclosure is treated differently than intentional concealment, but it can still give rise to claims. If you discover after closing that you failed to disclose a material fact you knew about, consult a Florida real estate attorney promptly. Proactive communication is almost always better than waiting for a buyer to raise the issue.

Do I have to disclose that someone died in the property?

Florida law does not require sellers to disclose that a death occurred in the property, unless the death was caused by a condition of the property that still exists (such as a structural defect). Psychological stigma — including prior deaths, crimes, or paranormal claims — is generally not required to be disclosed under Florida law.

What about short-term rental restrictions?

Yes — if the property is subject to HOA rules, deed restrictions, or local ordinances that limit or prohibit short-term rentals, this is a material fact that must be disclosed, particularly on the Emerald Coast where many buyers purchase specifically for vacation rental income.

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Have questions about your disclosure obligations before listing your Emerald Coast property? I walk every seller I represent through the disclosure process before we go to market — reach out and I am happy to talk through your specific situation.

— Kinsey