What Florida Home Sellers Should Know About Property Disclosure

Start With the Basic Florida Disclosure Principle

Under the Florida disclosure principle established in Johnson v. Davis, a residential seller must disclose known facts that materially affect the property's value, are not readily observable and are not already known to the buyer.

This is a general principle, not a checklist that decides every situation. Whether a particular fact is material, known, observable or legally required to be disclosed can depend on the circumstances.

Why Written Disclosure and Documentation Matter

Written disclosure creates a clearer record of what information was provided and when. Keep copies of disclosures and supporting records so known property information can be shared accurately and located when questions arise.

If new information is discovered after an earlier disclosure, do not assume the earlier disclosure is the end of the issue. Document what changed and obtain appropriate guidance about the next step.

Florida's Residential Flood Disclosure Requirement

Separate from the general seller disclosure principle, Florida Statutes section 689.302 requires a seller to complete and provide a flood disclosure to a purchaser of residential real property at or before the sales contract is executed.

The statutory disclosure addresses the seller's knowledge of flooding that damaged the property during ownership, flood-related insurance claims and flood-related assistance. It also explains that homeowners insurance does not cover flood damage and encourages buyers to discuss separate flood coverage with their insurance agent.

Use a current disclosure that meets the statutory requirements. An informal summary or a general property disclosure is not a substitute for the required flood disclosure; a particular branded form is not the only way to meet the statutory form requirements.

Seller's Property Disclosure Forms

A written seller disclosure form is a common way to organize known property information. The disclosure obligation and the form are different: a particular Florida Realtors Seller's Property Disclosure form is not universally mandatory for every transaction.

The seller should complete seller-provided factual answers based on actual knowledge. Do not guess when you genuinely do not know; identify the information as unknown where appropriate and seek guidance when needed. HBR or an agent should not fill out the seller's factual disclosure answers for the seller.

Topics may include the roof, leaks or water intrusion, termites or other wood-destroying organisms, plumbing, electrical systems, HVAC, pools, permits, known repairs and structural or other property conditions.

Records Worth Organizing

Create one property file with the records you already have. Useful categories include:

• Permits and major-work records.
• Roof, appliance and major-system information.
• Repair invoices and warranties.
• Water intrusion, flood and related insurance records.
• Termite and pest-treatment information.
• Surveys and relevant condominium or homeowners association information.
• Leased or financed equipment, such as solar, alarm or security equipment, water treatment, propane equipment, generators and other improvements.

The goal is to make existing facts easier to locate and questions easier to route to the right professional.

How Hunt Brothers Realty Helps Sellers Prepare

When helping sellers prepare, HBR may organize seller-provided information, identify forms and documents that may apply, flag missing records or questions, and help provide seller-known property information to buyers appropriately. Legal questions should be routed to the appropriate qualified professional.

Our team may also gather practical details buyers often ask about, including appliance and system ages, pool information and property features. Organizing this information is different from deciding what must legally be disclosed, and the seller remains responsible for their factual disclosure answers.

If You're Selling on Your Own

Selling without representation does not eliminate disclosure obligations. You will need to manage the appropriate documentation and forms, answer from actual knowledge and keep copies of information provided to buyers.

When a question requires legal or other professional interpretation, obtain appropriate guidance rather than guessing or relying on a general resource to decide your specific situation.

When Legal Guidance Is Appropriate

If you are unsure whether a particular condition must be disclosed, whether an earlier statement needs to be updated or what a contract requires, consult a Florida real estate attorney. HBR can help identify questions and connect you with an appropriate resource, but our team should not decide the legal question for you.