What Do I Have to Disclose When Selling a Home in Florida?

In Florida, a home seller must disclose any known fact that materially affects the value of the property and is not readily observable by the buyer. That rule comes from the Florida Supreme Court's decision in Johnson v. Davis (1985), and it applies to every residential sale - new or used, with an agent or without, and even when the home is sold "as is." Separate statutes add specific written disclosures for things like paid sinkhole claims, pending code enforcement actions, flood history, and property taxes. What you do not have to disclose is narrower than most sellers assume, and guessing wrong is how sellers end up in litigation after closing.

What makes a property defect legally required to be disclosed?

Three conditions have to line up before the duty to disclose attaches:

1. You know about it. The duty covers known facts. It does not require you to hire inspectors to discover problems you have no knowledge of.
2. It materially affects value. A hairline crack in a driveway is not the same as a recurring roof leak or a failed slab.
3. A buyer could not readily observe it. Latent defects - things hidden behind walls, under floors, or in the history of the property - are exactly what the rule targets.

Florida licensees carry the same obligation independently. Section 475.278, Florida Statutes, requires all licensees to disclose known facts that materially affect the value of residential property and are not readily observable to the buyer. That means your listing agent cannot help you sit on a known problem, and a good one will not try.

"As is" does not switch the duty off. In Rayner v. Wise Realty Co. of Tallahassee, Florida's First District Court of Appeal confirmed that the disclosure duty applies to residential property sold as is. An as-is contract shifts the cost of repairs to the buyer; it does not license concealment. If you plan to sell as-is, read our breakdown of what that actually means for your net proceeds in our guide to Florida seller closing costs.

Written disclosures Florida law specifically requires

Beyond the general rule, several items are named in statute or in the standard Florida contract forms:

• Paid sinkhole claims. Under Section 627.7073(2)(c), Florida Statutes, a seller who made a sinkhole claim that the insurer paid must disclose to the buyer, before closing, that a claim was paid and whether the full proceeds were used to repair the damage. This matters far more in central Florida than in Palm Beach County, but the statute is statewide.
• Pending code enforcement proceedings. If there is an open code enforcement action against the property, the seller must disclose its existence and nature in writing and deliver copies of the pleadings and notices received.
• Flood disclosure. Florida law now requires sellers of residential property to provide a written flood disclosure at or before the sales contract is executed, covering flood insurance claims and federal flood assistance received for the property. In a coastal county this is one to take seriously and document.
• Property tax notice. The standard contract includes the statutory buyer warning that the property tax bill can change substantially after a sale because the property is reassessed.
• Condominium and HOA documents. Condo and homeowners association sales carry their own document delivery and, for condos, statutory cancellation-period requirements.
• Radon, lead-based paint (pre-1978 homes), and, where applicable, agricultural or mining-related notices round out the standard package.

Structural defects: sinkholes, load-bearing walls, slabs and foundations

If you know the structure of the house has been compromised or altered, that is a disclosure item, whether or not an insurance claim was ever filed. The paid-sinkhole-claim statute above is the narrow written rule; the broad rule from Johnson v. Davis covers everything structural that a buyer cannot see and that affects value. In practice that means:

• A load-bearing wall that was removed or opened up. Open-concept renovations are the most common version. If a wall came out, the questions a buyer will ask are whether a permit was pulled, whether an engineer sized the beam, and whether the work passed final inspection. If the answer to any of those is no or unknown, disclose that. Unpermitted structural work is both a disclosure issue and a closing issue, because the buyer’s lender and insurer may ask for it to be permitted after the fact.
• Known sinkhole activity or subsidence, including an engineer’s report, a denied claim, or a neighbor’s confirmed sinkhole that produced an inspection of your lot. Section 627.7073(2)(c) only requires written disclosure of a paid claim, but knowledge of the condition itself falls under the general duty.
• Slab or foundation settlement, cracking or repair. Piering, mudjacking, epoxy-injected cracks and repaired stem walls all belong on the disclosure with the repair documentation attached.
• Roof structure changes and truss modifications, which show up in wind-mitigation inspections and permit searches anyway.

The practical rule: for anything structural, disclose the condition, the repair and the paperwork together. An engineer’s letter and a closed permit turn a deal-killer into a line item. A buyer who finds the same thing through an inspector or a county permit search after the inspection period has every reason to reopen the contract.

What you do not have to disclose

Florida draws a clear line in a few places:

• Deaths on the property. Section 689.25(1)(b), Florida Statutes, states that a homicide, suicide, or death on the property is not a material fact that must be disclosed.
• HIV/AIDS status of an occupant. Also expressly excluded by the same statute.
• Stigma and neighborhood opinion. A neighbor you dislike or a rumor about a future development is not the same as a known physical or legal defect. Facts about the property itself are the test.

That said, if a buyer asks you a direct question, you cannot answer falsely. There is a difference between "no duty to volunteer" and "free to misrepresent."

The practical Palm Beach County list

In this market, the disclosures that actually generate post-closing disputes cluster in a few areas. Before you list, gather documentation on:

• Roof age and any insurance claims. Roof age drives insurability in Florida, and a buyer's insurance quote will surface it anyway. Have the permit and any claim paperwork ready.
• Water intrusion and mold remediation history. Even fully remediated events belong on the disclosure if you know about them.
• Prior flood events, drainage problems, and elevation certificates.
• Seawall, dock, and boat lift permit history on waterfront property, plus known seawall condition. Unpermitted marine structures are a recurring problem here - see our guide to selling a waterfront home in Boca Raton for how buyers investigate them.
• Open permits. A permit pulled and never closed out is a title-and-closing problem, and it is discoverable through the county.
• Association assessments, special assessments, and pending litigation in condos and HOAs.
• Polybutylene plumbing, aluminum wiring, cast iron drain lines, and 1970s-80s electrical panels with known insurability issues.

Disclosing early is a negotiating advantage, not a weakness. A buyer who learns about a repaired leak on day one prices it in. A buyer who discovers it after the inspection period reopens every term of the deal - or walks and leaves you with a listing that now looks stale.

How PBP handles disclosure on a listing

Every PBP Real Estate listing starts with a documentation pass: permits pulled from the county, association estoppel and document review, insurance claim history reviewed with the seller, and a written disclosure package assembled before the first showing. Gia Freer has been licensed in Florida for more than 20 years and has closed 759 transactions with PBP Real Estate; the pattern we see is consistent - deals fall apart over surprises, not over problems.

Not sure whether something belongs on your disclosure? That is a conversation to have before you list, not after you have a contract. Call us at 561-395-8418 or start with a free look at what your home is worth and we will walk through your property's history with you. More on how we prepare a listing: selling with PBP.

This article explains the real estate side of Florida disclosure practice and is not legal advice. Disclosure disputes turn on specific facts. For advice about your situation, consult a Florida real estate attorney.

Florida Seller Disclosure: Questions and Answers

Do I have to disclose problems if I sell my house as-is in Florida?

Yes. An as-is contract shifts repair responsibility to the buyer, but it does not remove the seller's duty to disclose known facts that materially affect value and are not readily observable. Florida's First DCA confirmed this in Rayner v. Wise Realty Co. of Tallahassee.

Does Florida require a written seller disclosure form?

Florida does not mandate one universal disclosure form for all defects, but the duty from Johnson v. Davis applies regardless, and specific written disclosures are required by statute or standard contract - including flood history, pending code enforcement actions, paid sinkhole claims, the property tax notice, and lead-based paint for homes built before 1978. In practice, nearly every Florida transaction uses a written seller's property disclosure.

Do I have to tell buyers someone died in my house?

No. Section 689.25(1)(b), Florida Statutes, provides that a homicide, suicide, or death occurring on a property is not a material fact requiring disclosure. You still cannot answer a direct question untruthfully.

Do I have to disclose an old insurance claim if the damage was fully repaired?

If you know about it and it materially affects value or insurability, disclose it. Repaired water intrusion, roof claims, and remediated mold are common examples. Documentation showing proper repair usually neutralizes the issue with buyers; silence does not.

What happens if a seller fails to disclose in Florida?

A buyer who discovers an undisclosed known material defect after closing may pursue claims for damages or rescission. That risk is why sellers - and their agents - are better served by disclosing and documenting up front.

Do I have to disclose a removed load-bearing wall or sinkhole activity if I sell in Florida?

Yes, if you know about it. A removed or altered load-bearing wall, a settled or cracked slab, and any known sinkhole activity are latent structural conditions that a buyer cannot see on a walk-through and that go to the value of the home, which is exactly what the Johnson v. Davis duty covers. If the wall came out without a building permit, say so and say whether the work was ever inspected; if a sinkhole claim was paid, section 627.7073(2)(c) separately requires you to disclose the payment and whether the proceeds were used for repair. Gather the engineer's letter, the permit history and any repair invoices before you list.

Who pays for title insurance in Palm Beach County?

By local custom in Palm Beach County, the seller pays for the buyer's owner's title insurance policy. In Broward County the custom flips and the buyer typically pays. It is negotiable in the contract either way.