What Is a Seller's Property Disclosure Form in Florida?

Florida law requires sellers to disclose known material defects to buyers before or at the time of contract. The seller's property disclosure form is the document that captures these disclosures in a structured format. Completing it accurately is one of the most important legal obligations a Florida seller has.

This post is for general informational purposes only and does not constitute legal advice.

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Florida's Disclosure Obligation

Under Florida law (established by the Florida Supreme Court's decision in Johnson v. Davis and codified in subsequent statutes), sellers must disclose facts that:

1. Materially affect the value of the property
2. Are not readily observable by the buyer
3. Are known to the seller

This is an affirmative obligation — sellers must disclose known material defects even if the buyer does not ask.

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What the Disclosure Form Covers

The Florida Realtors standard seller's property disclosure form covers:

Structural and systems:

• Roof condition, age, and any known leaks or damage
• Foundation condition
• HVAC system age and condition
• Plumbing — known leaks, water pressure issues, septic system
• Electrical — known issues, panel condition
• Windows and doors — known seal failures, damage

Water and moisture:

• Prior flooding or water intrusion
• Mold or mildew — known or prior
• Drainage issues

Environmental:

• Lead paint (required for pre-1978 properties)
• Asbestos
• Underground storage tanks
• Radon

Legal and regulatory:

• HOA membership, fees, and any pending special assessments
• Pending litigation involving the property or HOA
• Code violations or open permits
• Easements and encroachments

Flood:

• Flood zone designation
• Prior flood insurance claims
• Prior flood damage

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How to Complete It Accurately

Answer every question. Do not leave questions blank. If you are unsure of the answer, indicate that you do not know — do not leave it blank.

Disclose what you know, not what you can prove. The standard is your actual knowledge. You are not required to investigate issues you are unaware of, but you must disclose what you do know.

Attach documentation. For any disclosed condition, attach relevant documentation — repair invoices, inspection reports, insurance claims, permits.

Update if circumstances change. If you become aware of a new condition after completing the disclosure form but before closing, you must update the disclosure.

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Consequences of Non-Disclosure

Failure to disclose a known material defect can result in:

• The buyer rescinding the contract and recovering their earnest money
• A lawsuit for damages after closing
• Potential fraud claims

The legal and financial consequences of non-disclosure far outweigh any perceived benefit of omitting a known defect.

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FAQ

Is the seller's disclosure form required in Florida?

Florida law requires sellers to disclose known material defects, but does not mandate a specific form. The Florida Realtors standard disclosure form is widely used and covers the required disclosures.

Does selling as-is change my disclosure obligations?

No. Selling as-is means you are not agreeing to make repairs — it does not change your obligation to disclose known material defects.

What if I genuinely do not know about a defect?

You are only required to disclose what you actually know. If you are unaware of a defect, you cannot disclose it. However, if you have reason to suspect a problem (visible water stains, for example), you should investigate rather than ignore it.

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Questions about your disclosure obligations for your Emerald Coast property? I can walk you through the process and connect you with a real estate attorney if needed.

— Kinsey Haddock P.A., Broker Associate | Coldwell Banker Realty — Panhandle | License #BK3253849