Is a seller's disclosure required in Florida?
The duty is required; the form is not. There are two layers:
The common-law duty from Johnson v. Davis
In Johnson v. Davis, the Florida Supreme Court held that a seller of residential property who knows of facts materially affecting its value, which are not readily observable and are not known to the buyer, must disclose them. Florida Realtors' summary of disclosure law lists this alongside section 475.278 as the core rule, and notes it applies even to as-is sales.
Statutory notices
Separate statutes require particular wording or documents in particular sales. Most are built into the Florida Realtors and Florida Bar contracts, but if you use another contract, you must add them yourself.
The disclosure form is optional but useful
No statute requires a seller to fill out a disclosure form. Most Florida listings still use the Florida Realtors Seller's Property Disclosure, because a signed form is the clearest record of what you told the buyer. HomeLight describes it as covering 18 main areas, from appliances and assessments to roofs, pools, water intrusion, sinkholes, plumbing, electrical, wood-destroying organisms and flooding.
What must a seller disclose in Florida?
Under the Johnson v. Davis standard, a fact must be disclosed when all three of these are true:
- You know it. Actual knowledge, not a suspicion you never checked. You are not required to investigate.
- It is material. It affects the value of the property, such as a roof leak, foundation movement, past water intrusion, mold, termite damage, electrical faults or unpermitted work.
- It is not readily observable. A buyer could not find it on a normal walk-through. A visibly cracked driveway is observable; a leak behind freshly painted drywall is not.
Agents have a parallel duty
Section 475.278 requires every Florida licensee, whether a transaction broker or a single agent, to disclose all known facts that materially affect the value of residential property and are not readily observable to the buyer. Your listing agent cannot keep quiet about something you told them.
When you don't know, say so
Answer "don't know" on the form when that is the truth, as HomeLight advises. Guessing "no" about something you have not checked creates risk you don't need.
Florida's statutory seller disclosures
Each notice below is required by statute or federal rule when it applies. The timing for almost all of them is at or before the time the contract is signed.
Flood disclosure (section 689.302)
A seller of residential property must give the buyer a flood disclosure at or before signing the contract. It states that homeowners policies do not cover flood, and asks whether the seller knows of flooding that damaged the property during their ownership, has filed a flood insurance claim, including with the National Flood Insurance Program, and has received flood assistance, including from FEMA. The Legislature added it in 2024 and amended it in 2025.
Property tax disclosure summary (section 689.261)
Buyers must receive a statement, in capitals, warning them not to rely on the seller's current property taxes, because a change of ownership or improvements trigger reassessment. From February 1, 2027, the same statute stops online listing platforms from showing the current owner's taxes as an estimate and bars those taxes from printed listing materials.
Radon gas notice (section 404.056(5))
At least one document signed at or before the contract must carry the statutory radon paragraph, which says levels above federal and state guidelines have been found in Florida buildings. Florida Realtors notes it does not apply to unimproved land.
Energy-efficiency rating notice (section 553.996)
A buyer of a property with a building must be told, at or before signing, that they have the option of an energy-efficiency rating on the building.
HOA disclosure summary (section 720.401)
In a community with a mandatory homeowners association, the buyer must get a disclosure summary before signing, covering membership, recorded covenants and assessments. If it is not provided, the buyer can void the contract within 3 days after receiving it or before closing, whichever comes first.
Condominium documents (section 718.503)
A condo unit owner selling a unit must provide, at the seller's expense, the declaration, articles, bylaws and rules, the latest annual financial statement and budget, the frequently asked questions sheet, and where applicable the milestone inspection summary, the structural integrity reserve study or a statement that none has been done, and any turnover inspection report. The buyer can cancel within 7 days, excluding weekends and legal holidays, after receiving them. See buying a condo in Florida.
Community development district (section 190.048)
The initial sale of a lot or home in a CDD must carry a boldfaced statement above the buyer's signature that the district may levy taxes and assessments. On a resale, share the tax bill showing the CDD line. See the CDD fees guide.
Coastal construction control line (section 161.57)
For property partly or wholly seaward of the coastal construction control line, the seller must give a written statement that it may be subject to coastal erosion and to regulation of coastal property, including beach nourishment and marine turtle protection, at or before signing.
Lead-based paint (federal rule, homes built before 1978)
The EPA's disclosure rule requires sellers and agents to disclose known lead-based paint and hazards, provide the EPA pamphlet, and give the buyer a 10-day opportunity for a lead inspection or risk assessment, which the buyer may waive or the parties may change in writing.
Code enforcement proceedings (sections 125.69 and 162.06)
If a code enforcement case is pending, the seller must disclose it in writing before transfer, give the buyer copies of the notices and tell the buyer they will be responsible for compliance. Florida Realtors notes that failing to do so creates a rebuttable presumption of fraud.
New homes: insulation
For a new home, the Federal Trade Commission's rule at 16 CFR 460.16 requires the type, thickness and R-value of insulation in each part of the house, and Florida Realtors notes this is built into its residential contracts.
What you don't have to disclose
Deaths, homicide and suicide
Section 689.25 states that the fact a property was, or was suspected to be, the site of a homicide, suicide or death is not a material fact that must be disclosed, and no lawsuit can arise from not disclosing it.
HIV or AIDS diagnoses
The same section says an occupant's HIV infection or AIDS diagnosis is not a material fact that must be disclosed in a real estate transaction.
Things the buyer can plainly see
The Johnson v. Davis duty covers facts that are not readily observable. Obvious issues are left to the buyer's own inspection, though describing them honestly on the form costs you nothing.
Worked example: why the property tax disclosure matters
The property tax warning exists because a buyer's bill can be double the seller's. Suppose a seller has owned a homesteaded home in the City of Tampa for years, and Save Our Homes has held its assessed value at $220,000 while its just value is now $400,000. At the city's 2025 rates of 6.3400 school mills and 13.5028 non-school mills, with the 2026 homestead exemption:
| Bill | Math | Ad valorem tax |
|---|---|---|
| Seller, school | ($220,000 − $25,000) × 6.3400 ÷ 1,000 | $1,236.30 |
| Seller, non-school | ($220,000 − $51,411) × 13.5028 ÷ 1,000 | $2,276.42 |
| Seller's total | $3,512.72 | |
| Buyer's first year, no homestead yet | $400,000 × 19.8428 ÷ 1,000 | $7,937.12 |
The buyer's first full-year bill is more than twice the seller's, before any change in millage. Once the buyer files for the homestead exemption, it falls, but it will not return to the seller's level. The property tax guide explains reassessment.
What happens if a seller does not disclose in Florida?
Legal exposure
A seller who knowingly hides a material, hidden defect is at legal risk, as HomeLight's expert puts it. A buyer who discovers the problem after closing may bring a claim against the seller, and against an agent who knew. The outcome depends on what the seller knew and what the buyer could have found, so both sides usually need a Florida real estate attorney.
Contract cancellation
Some statutes give the buyer a direct remedy. A missing HOA summary lets the buyer void the contract within 3 days of receiving it or before closing, and a condo buyer who did not get the association documents can cancel within 7 days of receiving them.
Presumption of fraud for code cases
Failing to disclose a pending code enforcement proceeding creates a rebuttable presumption of fraud, according to Florida Realtors.
Federal penalties for lead paint
The EPA enforces the lead-based paint disclosure rule, and sellers and agents who do not give the required information may be subject to penalties.
How to protect yourself
Complete the disclosure form honestly, attach repair invoices and permits for past problems, keep a copy signed by the buyer, and answer "don't know" rather than guessing. If you are selling as-is, the as-is selling guide shows how disclosure and pricing fit together.
Common questions
Is a seller's disclosure required in Florida?+
Florida does not require a particular disclosure form, but sellers of residential property must disclose known facts that materially affect value and are not readily observable, under Johnson v. Davis. Statutes also require specific notices, such as the flood disclosure, property tax summary and radon notice. Most sellers use the Florida Realtors Seller's Property Disclosure form to record what they told the buyer.
What are seller's disclosures in Florida?+
They are the written statements a seller gives a buyer about the property's condition and legal obligations. They include the optional seller's property disclosure form, and required notices on flooding, property tax, radon and energy-efficiency ratings, plus HOA, condo, community development district, coastal construction and lead-paint disclosures where they apply. Most are due at or before signing the contract.
What is required for disclosure in Florida?+
Disclose anything you know that materially affects the home's value and a buyer could not readily see, such as past leaks, flooding, foundation problems or unpermitted work. Give the statutory notices: flood (section 689.302), property tax (689.261), radon (404.056), and where relevant HOA (720.401), condo documents (718.503), coastal line (161.57) and, for homes built before 1978, the federal lead-paint disclosure.
What happens if a seller does not disclose in Florida?+
A seller who hides a known, material, hidden defect risks a legal claim from the buyer after closing, and agents who knew can be involved too. Some statutes give direct remedies: a buyer who did not get an HOA summary can void the contract within 3 days of receiving it, and failing to disclose a code enforcement case creates a rebuttable presumption of fraud.
Do you have to disclose a death in a house in Florida?+
No. Section 689.25 says the fact that a property was, or was suspected to be, the site of a homicide, suicide or death is not a material fact that must be disclosed, and no cause of action arises for failing to disclose it. The same section covers an occupant's HIV or AIDS diagnosis.
Does a Florida seller have to disclose past flooding?+
Yes. Section 689.302 requires a seller of residential property to give a flood disclosure at or before the contract is signed. It asks whether the seller knows of flood damage during their ownership, has filed a flood insurance claim, including with the National Flood Insurance Program, or has received flood assistance, including from FEMA.
Sources
- Florida Realtors: A detailed look at Florida real estate disclosure laws (updated February 2026)
- HomeLight: What must be disclosed when selling a house in Florida
- The Robertson Firm: What does the seller of a home have to disclose in Florida?
- Florida Statutes: section 689.302, disclosure of flood risks
- Florida Statutes: section 689.261, property tax disclosure
- Florida Statutes: section 404.056, radon notification
- Florida Statutes: section 553.996, energy-efficiency information
- Florida Statutes: section 720.401, HOA disclosure summary
- Florida Statutes: section 718.503, condominium disclosure prior to sale
- Florida Statutes: section 190.048, CDD disclosure
- Florida Statutes: section 161.57, coastal properties disclosure statement
- Florida Statutes: section 689.25, failure to disclose homicide, suicide or deaths
- Florida Statutes: section 475.278, brokerage relationships and disclosure duties
- US EPA: Real estate disclosures about potential lead hazards
- Hillsborough County Property Appraiser: Final 2025 millage rates