What a Florida seller must disclose
You must disclose facts you know that materially affect the value of the property and that a buyer cannot readily observe. That duty comes from Johnson v. Davis (Fla. 1985)†, and selling “as is” does not remove it. An as-is clause limits your obligation to repair. It does not license you to conceal.
Sellers routinely believe an as-is contract ends the conversation. It does not. As-is means the buyer takes the property in its current condition and you are not agreeing to fix anything. The duty to disclose known, material, non-obvious defects survives it entirely — and a concealed defect discovered after closing is exactly the fact pattern that produces litigation.
The three-part test
A fact must be disclosed when all three of these are true. If any one fails, the duty does not attach.
- You know it. The duty covers what you actually know, not what a professional inspection might have found. You are not required to investigate your own house to create knowledge you do not have.
- It materially affects value. A cosmetic imperfection is not the same as a structural or systemic problem. The question is whether a reasonable buyer’s decision or price would change.
- The buyer cannot readily observe it. A visibly cracked driveway needs no disclosure — they can see it. A slab leak under that driveway is a different matter.
Deliberately avoiding knowledge is not a strategy. If you have had a contractor tell you the roof has two years left, you know. If you had a leak repaired twice, you know there was a leak. Declining to get a written report does not unknow what you were told out loud.
What this covers in practice
| Usually must disclose | Usually need not |
|---|---|
| Roof leaks, repairs and known remaining life | Cosmetic wear a buyer can see |
| Structural movement, settlement, foundation work | Ordinary ageing of finishes |
| Flooding or water intrusion history | Rumours you cannot substantiate |
| Sinkhole activity or claims on the property | A neighbour’s unrelated dispute |
| Termite or wood-destroying organism damage | Matters of pure opinion about the area |
| Unpermitted work you had done | The prior owner’s undocumented history |
| Polybutylene or failing cast iron plumbing | Anything genuinely visible on a walkthrough |
| Federal Pacific or other known hazardous panel | |
| Insurance claims, denials and non-renewals | |
| Pending assessments or association litigation |
Insurance history deserves particular attention. A prior claim, a non-renewal, or a carrier’s refusal to write the property is a fact that materially affects value in Florida in a way it might not elsewhere — because it directly predicts what the buyer will be able to obtain and at what price.
The flood disclosure is separate and statutory
Since 1 October 2024†, sellers of residential property must give the buyer a separate written flood disclosure at or before the contract is signed. It is not part of the contract and it is not satisfied by a general disclosure form.
It was then expanded from 1 October 2025†. The current requirement additionally covers flood damage during your own ownership, and the earlier limitation to federal assistance was removed — so any assistance received to repair flood damage is now disclosable, not only FEMA aid.
Forms printed before October 2025 ask narrower questions and will not satisfy the current statute. Check the version you are being asked to sign, whichever side of the transaction you are on.
If you are the buyer
- Ask direct written questions. The duty is about known facts. A specific question in writing converts a vague area into a documented answer, and a false written answer is far harder to defend than silence.
- Ask for the insurance history — claims, non-renewals, and the current premium. In Florida this predicts your own cost better than almost anything else.
- Ask for permits on any visible addition, enclosure or replaced roof. Unpermitted work becomes your problem at closing.
- Inspect anyway. Disclosure covers what the seller knows. Only an inspection covers what nobody has noticed yet.
If you are the seller
Disclose in writing, keep a copy, and err toward saying more. The asymmetry is stark: over-disclosing costs you a negotiation, while under-disclosing costs you a lawsuit after you no longer own the asset that paid for it. Buyers also price uncertainty more harshly than they price a known, quantified problem — a documented roof with three years left is a number, while a vague answer is an unbounded risk.
If you genuinely do not know something, say that rather than guessing. "Not known" is an honest answer. An optimistic guess that turns out wrong reads afterwards like a misrepresentation.
Related
Common questions
Does selling a house “as is” in Florida remove the duty to disclose?
No. An as-is clause means you are not agreeing to make repairs. The duty to disclose known defects that materially affect value and are not readily observable comes from Johnson v. Davis and survives an as-is sale.
What must a Florida seller disclose?
Facts you know that materially affect the property’s value and that a buyer cannot readily observe — roof and structural problems, water intrusion, sinkhole activity, unpermitted work, failing plumbing, hazardous electrical panels, and insurance claims or non-renewals.
Is there a required flood disclosure form in Florida?
Yes. Since 1 October 2024 sellers of residential property must give a separate written flood disclosure at or before the contract is signed. From 1 October 2025 it also covers flood damage during your own ownership and any assistance received, not only federal assistance.
Do I have to disclose problems I only suspect?
The duty covers what you know, not what you suspect or what an inspection might reveal. But if a contractor or inspector has told you something, you know it — declining to get that in writing does not undo it.
What happens if a seller fails to disclose in Florida?
A buyer who discovers a concealed material defect after closing may bring a claim for damages. This is the most common source of post-closing litigation in Florida residential sales, which is why disclosing in writing and keeping a copy matters.
The general disclosure duty is common law from Johnson v. Davis, 480 So. 2d 625 (Fla. 1985); the flood disclosure is statutory under §689.302. Specific situations turn on their facts. This is general information, not legal advice — take advice before relying on it in a live transaction.