Florida Home Seller Disclosure Requirements

Florida is one of the few states with no mandatory state-issued seller disclosure form, which leads many sellers to believe disclosure obligations are minimal. They are not. Florida sellers face a court-imposed duty to disclose material defects that has been the law since 1985, plus several statute-specific notices that must appear in every Florida real estate contract. This page walks through what's actually required, what "as-is" means in practice, and what happens if you don't disclose.

General information only, not legal advice. Florida disclosure obligations are enforced by statute and case law. Work with a Florida real estate attorney or licensed broker on any specific situation.

The Johnson v. Davis duty (the central rule)

Florida's seminal disclosure case is Johnson v. Davis, 480 So. 2d 625 (Fla. 1985). The Florida Supreme Court held that 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 is under a duty to disclose them to the buyer. This duty applies regardless of any "as-is" language in the contract.

The Johnson duty has three elements:

• Material: the fact must materially affect property value.
• Not readily observable: the buyer could not have discovered it through ordinary inspection.
• Known to seller: the seller actually knows or should know about it.

Examples of items Florida courts have held must be disclosed under Johnson: prior flood damage, foundation movement, defective roof history, recurring leaks, prior sinkhole activity, mold infestation, Chinese drywall, defective stucco, neighbor disputes affecting use, and known title or boundary issues.

Items typically NOT required to be disclosed under Johnson: ordinary wear and tear, cosmetic issues, items the buyer could see during a standard walkthrough, and items revealed by a competent home inspection.

Statutory disclosures that must appear in every Florida contract

Radon gas disclosure (Florida Statutes 404.056(5))

Every Florida real estate contract for the sale of a building must contain the radon gas disclosure with specific statutory language. The disclosure warns that radon is a naturally occurring radioactive gas that, when accumulated in a building, may present health risks to persons exposed over time, and that testing for radon has been found in buildings in Florida.

The radon notice is statutory boilerplate, not a representation about the specific property. It must appear in the contract document itself; a separate handout does not satisfy the requirement.

Property tax disclosure

Florida Statute 689.261 requires the contract to include a notice that property taxes may change after the sale, because Florida's Save Our Homes cap resets at the new owner's purchase price. Without this notice, buyers can be surprised by tax bills 2x or 3x what the seller was paying, particularly on long-held homes that benefited from years of capped assessment.

Coastal construction control line (CCCL) notice

Florida Statute 161.57 requires written disclosure for properties seaward of the coastal construction control line. Buyers must be informed of the special construction restrictions and the potential for shoreline erosion. Applies to most coastal properties in Florida's Atlantic and Gulf-facing counties.

HOA disclosure (Florida Statute 720.401)

For properties in homeowners associations, sellers must provide written disclosure of HOA membership, including current assessments, special assessments, and a copy of the association's governing documents on request. Buyers have a 3-day rescission right after receiving the disclosure.

Condominium disclosure (Florida Statute 718.503)

Condo sellers must provide the full set of condo association documents including the declaration, bylaws, articles of incorporation, financial statements, and frequently asked questions document. Buyers have a 3-day rescission right after receiving the condo documents.

Lead-based paint disclosure (federal)

Federal law (42 USC 4852d) requires lead-based paint disclosure for homes built before 1978. Form must be signed by the seller and acknowledged by the buyer with a 10-day inspection period.

Sinkhole disclosure

Florida's karst geology makes sinkholes a state-specific concern, and Florida Statute 627.7073 affects disclosure obligations when sinkhole activity has been documented or claimed. Sellers must disclose:

• Any known sinkhole activity on the property.
• Any prior sinkhole insurance claim, regardless of resolution.
• Any sinkhole testing performed and the results.
• Any prior sinkhole-related repairs and the contractors who performed them.

Florida insurers require sellers to disclose sinkhole history before binding new policies, and concealed sinkhole history is a frequent source of post-sale Johnson v. Davis litigation.

Chinese drywall disclosure

Properties built or substantially renovated between roughly 2001 and 2008 that may contain defective Chinese drywall require disclosure under Johnson v. Davis if the seller is aware of the condition. Chinese drywall corrodes copper wiring and HVAC components and creates a sulfur smell. Even if the seller has done remediation, the prior presence and remediation work must be disclosed.

Hurricane and wind mitigation considerations

Florida does not have a specific statutory disclosure for hurricane shutters, impact windows, or wind mitigation features, but these items materially affect insurance costs. Most Florida sellers voluntarily disclose:

• Whether the home has hurricane shutters and which type.
• Whether windows are impact-rated.
• The most recent wind mitigation inspection report and the discount it qualifies for.
• Roof installation date (Florida insurers often refuse coverage on roofs over 15 to 20 years old).

These disclosures matter because Florida property insurance is among the most expensive in the country and rates vary substantially based on these factors. Buyers will discover them during the insurance binding process even if not formally disclosed, and a seller who concealed adverse insurance facts faces potential Johnson liability.

What "as-is" actually means in Florida

Florida sellers commonly believe an "as-is" contract eliminates disclosure obligations. It does not. The Florida Supreme Court has consistently held that "as-is" language addresses warranty of condition, not the seller's affirmative duty to disclose known material defects under Johnson v. Davis.

In practice, "as-is" means:

• The seller is not warranting the property's condition.
• The buyer accepts the property in its current state.
• The seller is not obligated to repair defects discovered during inspection.

It does NOT mean:

• The seller can conceal known material defects.
• The seller is exempt from radon, lead, or HOA statutory disclosures.
• The seller can lie when asked direct questions.

Most Florida real estate attorneys advise even "as-is" sellers to make full Johnson disclosures, because the cost of disclosing is near-zero and the litigation risk of concealment is substantial.

The voluntary seller disclosure form

Although Florida has no state-mandated disclosure form, most Florida listing agents use a voluntary seller disclosure (typically the Florida Realtors form) to satisfy Johnson obligations and protect both seller and agent. The voluntary form covers:

• Roof condition and history.
• Structural and foundation issues.
• HVAC, plumbing, electrical systems.
• Pool and spa condition if applicable.
• Flooding and water damage history.
• Insurance claims filed on the property.
• Pest and termite history.
• Boundary disputes or known easement issues.
• Sinkhole activity and testing.
• Chinese drywall (for 2001-2008 era construction).

Using the voluntary form is not legally required, but Florida attorneys widely recommend it. The form structures the disclosure into specific prompts the seller can answer, which substantially reduces the risk of inadvertent non-disclosure on items the seller might not think to volunteer.

Consequences of non-disclosure

Florida courts award substantial damages for Johnson v. Davis violations:

• Actual damages: cost to repair the undisclosed defect plus consequential damages (temporary housing, lost use of property).
• Rescission: in significant cases, courts can unwind the sale entirely.
• Attorney's fees: most Florida real estate contracts include fee-shifting clauses; the losing party often pays both sides' fees.
• Punitive damages: available in fraud cases where the seller actively concealed a known defect.
• Personal liability: Florida courts can pierce LLC and trust structures in fraud cases.

The statute of limitations on most Johnson claims runs from the date of discovery, not the date of closing. Florida sellers can face lawsuits years after the sale.

The disclosure folder you should build before listing

Florida sellers who arrive at the closing with documentation already organized substantially reduce disclosure form completion time and post-sale litigation risk. Items to gather:

• Roof install date, contractor, and warranty paperwork (Florida insurers heavily weight this).
• Wind mitigation inspection report.
• Hurricane shutter or impact window documentation.
• HVAC, water heater, and major appliance records.
• Pool and spa service history.
• Pest control treatment records, especially termite.
• Any sinkhole testing or insurance claim history.
• HOA or condo documents and recent assessments.
• Flood elevation certificate if in a flood zone.
• Insurance claims filed on the property.
• Survey showing property lines and any encroachments.

For a deeper look at what records buyers and their inspectors specifically ask for at closing, see What Maintenance Records Do Home Buyers Ask For at Closing? For the comparable California and Texas frameworks, see California and Texas seller disclosure articles.

The bottom line for Florida sellers

Florida has no state disclosure form but has substantial disclosure obligations through Johnson v. Davis and specific statutes (radon, sinkhole, HOA, condo, coastal). "As-is" does not exempt sellers from the duty to disclose known material defects. The cost of full disclosure is near-zero. The cost of concealment can be six figures plus attorney's fees plus rescission.