In Florida, a seller must disclose any known problem that materially affects the home’s value and isn’t something a buyer could reasonably spot: a leaking roof, a shifting foundation, past flooding, sinkhole activity. There’s no state-mandated form, but the duty itself is real, and selling “as-is” doesn’t make it go away.
That duty is the heart of a Florida seller’s disclosure, and it catches more sellers off guard than almost anything else in a Florida closing. I’ve watched deals that were sailing along get blown up three weeks after the keys changed hands because a seller “forgot” to mention the AC had been limping for two summers. So let me walk you through what you’re on the hook for: all 18 categories, plus where the Florida-specific landmines are.
What a Florida seller’s disclosure actually is (and isn’t)
Here’s the part that confuses people: Florida doesn’t hand you one mandatory government form the way some states do. What actually governs you is a 1985 Florida Supreme Court case, Johnson v. Davis. The rule it set is short and blunt: if you know about a defect that materially affects value, and the buyer can’t readily see it, you have to tell them. Period.
In practice, almost every Florida seller fills out the standard Seller’s Property Disclosure, a form published by Florida Realtors (it’s separate from the FR/BAR purchase contract, which is the one actually co-published with the Florida Bar). It’s not “the law” by itself. It’s the tool the industry built so you can prove you did what the law requires. Skip it and you don’t skip the duty — you just lose your paper trail.
One thing it is not: a home inspection. You’re not certifying the house is perfect. You’re disclosing what you actually know. Big difference.
The 18 problems your Florida seller’s disclosure needs to note
This is the meat of it. Below is the checklist I hand Florida sellers when we sit down to fill out their Florida seller’s disclosure: the categories where “I didn’t think to mention it” turns into a lawyer’s letter. For each, the “what to disclose” line is the honest, one-sentence version of what a buyer’s attorney will later say you should have written down.
| # | Problem area | What to disclose |
|---|---|---|
| 1 | Foundation & structural | Any settling, cracks, slab movement, prior repairs, or engineer reports you know about. |
| 2 | Roof age & leaks | The roof’s age, past leaks, patch jobs, and whether it’s ever been replaced or tarped. |
| 3 | Water intrusion & drainage | Any past water in the home, standing water on the lot, or grading/drainage problems. |
| 4 | Flood history & flood zone | Past flooding, flood-damage insurance claims, and FEMA/federal flood assistance received (new requirement; details below). |
| 5 | Sinkhole activity or claims | Any sinkhole, subsidence, prior sinkhole insurance claim, or neighborhood sinkhole history you know of. |
| 6 | Mold & moisture | Visible mold, prior remediation, or humidity/condensation problems behind walls or in the AC handler. |
| 7 | Termites & WDO | Active or past termite/wood-destroying-organism damage, tenting, and any warranty or bond in place. |
| 8 | HVAC / air conditioning | The AC’s age and condition, refrigerant leaks, and whether it actually keeps up in August. |
| 9 | Plumbing | Leaks, low pressure, polybutylene or cast-iron pipe issues, water-heater age, prior slab leaks. |
| 10 | Electrical | Panel type and age, known code issues, aluminum wiring, or anything that trips or sparks. |
| 11 | Septic or sewer | Whether it’s septic or sewer, tank age, last pump-out, backups, or drain-field problems. |
| 12 | Well & water quality | If on a well: pump condition, water testing results, staining, sulfur smell, or contamination. |
| 13 | Pool, spa & screen enclosure | Equipment condition, leaks, resurfacing history, and any damage to the screen/cage enclosure. |
| 14 | Chinese / defective drywall | If built or renovated ~2001–2009: any sulfur odor, corroded copper, or confirmed defective drywall. |
| 15 | Radon gas & lead-based paint | Any known radon results; for pre-1978 homes, known lead-based paint (federally required). |
| 16 | Appliances & fixtures conveying | Which appliances stay, their working condition, and any that are broken or leased/financed. |
| 17 | Permits & unpermitted work | Additions, enclosures, electrical, or roof work done without a permit or never finaled. |
| 18 | Boundary, survey & HOA assessments | Encroachments, fence/line disputes, plus HOA/condo dues, pending special assessments, and litigation. |
Print that. Walk the house with it before you touch the Florida seller’s disclosure form. If you can honestly write “none known” next to a line, great. Write it down anyway.
The Florida-specific ones that trip sellers up
Most of that list applies anywhere. A handful are pure Florida, and they’re the ones out-of-state sellers (and honestly, a lot of local ones) botch.
Sinkholes. If your property has ever had a sinkhole insurance claim, subsidence activity, or even a neighbor with a documented sinkhole, that’s disclosure territory. Buyers and their lenders in Central Florida’s sinkhole belt (think Tampa, Pasco, Hernando) will ask. Get ahead of it.
Flood history. Florida floods, and hurricanes make it worse. Past water in the home is a material defect, full stop.
Chinese drywall. This is a genuinely Florida problem. Between roughly 2001 and 2009, a lot of homes got built or repaired with defective imported drywall that off-gasses sulfur, corrodes copper wiring and AC coils, and smells like rotten eggs. If your home is from that window and has any of those signs, you disclose it. I’ve seen this one quietly kill appraisals.
Screen enclosures and pools. In Florida these are real value, so buyers treat cage damage or a failing pool pump as a real defect. Don’t wave it off.
What the law actually requires
Let me put the citations in one place so you (or your agent) can point to them.
- The core duty comes from Johnson v. Davis, 480 So. 2d 625 (Fla. 1985). Known, material, not-readily-observable defects must be disclosed. That case literally started over a leaking roof the seller hid.
- Flood disclosure is now its own statute. As of October 1, 2024, Fla. Stat. §689.302 requires residential sellers to give buyers a written flood disclosure at or before signing, including whether you’ve filed a flood-damage insurance claim (NFIP or otherwise) or received federal flood assistance like FEMA aid. This is new, and a lot of sellers still don’t know it exists.
- Radon gas. Fla. Stat. §404.056(5) requires a specific radon notice in the sales contract. You don’t have to test or fix radon. The standard Florida Realtors contract already carries the required language.
- Lead-based paint. If the home was built before 1978, federal law (Title X, §1018) kicks in on top of Florida’s rules. You disclose known lead-based paint, hand over the EPA pamphlet, and give the buyer a 10-day window to test.
- HOA and condo assessments. Florida has its own disclosure summaries for HOA and condo buyers, and pending special assessments are exactly the kind of thing that surfaces at the worst moment. Disclose dues, assessments, and any litigation you know about.
“As-is” doesn’t get you off the hook (and what it costs you if you hide something)
This is the myth I fight most. Sellers hear “as-is contract” and assume it’s a shield. It isn’t. Florida courts have been clear: an “as-is” clause does not waive the Johnson v. Davis duty. As-is means the buyer accepts the property’s condition and you won’t do repairs. It does not mean you get to stay quiet about a defect you already know about.
And you can’t hide behind “well, they should have inspected.” Florida law says a seller can’t defend a nondisclosure by arguing a diligent inspection would’ve caught it. If you knew, and it mattered, and they couldn’t see it, you tell them.
So what happens if you don’t? Short version: it gets expensive. A buyer who discovers a concealed material defect after closing can come after you to rescind the sale or for damages, often the cost to repair, and sometimes attorney’s fees. I’ve seen post-closing claims land months later, and the seller’s “I forgot” does not play well when there’s a repair invoice from two years earlier sitting in their own email.
The frustrating part? Almost every one of these is survivable if you just disclose it up front. A disclosed defect gets negotiated. A hidden one gets litigated.
How the right agent keeps a missed defect from becoming a lawsuit
Here’s where I’ll be direct about why the agent you pick matters more than sellers think. Disclosure isn’t a form you fill out alone at the kitchen table. A good listing agent walks the house with you, asks the uncomfortable questions (“how old is that AC, really?”), makes sure the flood and radon language is in the contract, confirms permits actually got finaled, and documents the whole thing so a buyer’s attorney has nothing to swing at later.
That’s exactly the job Houwzer’s full-service Florida agents do, for a 1% listing fee instead of the traditional 2.5–3%. On a $450,000 Florida home, that’s roughly $4,500 to list with Houwzer versus about $13,500 at 3% — a $9,000 difference. Same MLS, same photos, same negotiation muscle, same careful disclosure paperwork — you just keep the difference. If you want the math on what agents actually charge here, I broke it down in our guide to the average real estate commission in Florida.
Saving on commission and protecting yourself legally aren’t a trade-off. The right agent does both.
Florida seller’s disclosure FAQ
Is a seller’s disclosure required by law in Florida?
There’s no single state-mandated disclosure form, but yes, the duty to disclose known material defects is required by law under Johnson v. Davis (Fla. 1985). Nearly all sellers meet it using the standard Florida Realtors Seller’s Property Disclosure. Skipping the paperwork doesn’t skip the legal duty.
Do I have to disclose a death in the house?
No. Under Fla. Stat. §689.25, the fact that a home was the site of a homicide, suicide, or death is not a material fact you’re required to disclose. The same statute also protects you from disclosing an occupant’s HIV/AIDS status. Physical defects still must be disclosed. A death does not.
Does selling “as-is” remove my duty to disclose?
No. An as-is contract means you won’t make repairs; it does not waive Johnson v. Davis. You still have to disclose known material defects, and you can’t rely on the buyer’s inspection to have caught them.
Do I need to disclose flood history in Florida?
Yes, and this is newer than most people realize. Since October 1, 2024, Fla. Stat. §689.302 requires residential sellers to give a written flood disclosure at or before signing, covering past flood-damage insurance claims and any federal flood assistance received.
What happens if I don’t disclose a known defect?
The buyer can potentially rescind the sale or sue for damages after closing, typically for repair costs and sometimes attorney’s fees. Florida gives buyers real teeth here, and “I forgot” is a weak defense when there’s a paper trail showing you knew.
The bottom line
Eighteen categories on a Florida seller’s disclosure sounds like a lot. It really comes down to one habit: if you know something’s wrong and a buyer couldn’t easily see it, write it down. Florida’s flood and radon rules add a few boxes, the sinkhole and Chinese-drywall issues are ours alone, and “as-is” won’t save you. Disclose early, disclose in writing, and lean on an agent who treats the disclosure as seriously as the sale price. Do that, and the defect you were nervous about becomes a line item — not a lawsuit.
