Florida law requires a residential seller to disclose facts materially affecting the value of the property that are not readily observable and are not known to the buyer. This duty comes from the Florida Supreme Court’s decision in Johnson v. Davis and it applies even when the property is sold as-is. An as-is contract removes your obligation to repair defects. It does not remove your obligation to disclose the ones you know about.
The rule in one sentence
If you know about a defect, it materially affects value, and a buyer would not see it by looking, you have to tell them.
That standard covers three elements. Known to you. Materially affecting value. Not readily observable. A cracked driveway is observable. A slab leak under the kitchen that you had a plumber look at in 2023 is not.
What typically has to be disclosed
- Roof leaks, past or present, and any repair history
- Prior flooding or water intrusion, including from storms
- Mold, and any remediation performed
- Structural issues, settlement, or foundation repair
- Sinkhole activity, insurance claims for sinkhole, and any remediation
- Termite or other wood-destroying organism damage and treatment
- Defective or failing septic and well systems
- Polybutylene plumbing, aluminum branch wiring, and panel brands known to be problematic
- Chinese drywall
- Open or expired permits and unpermitted work
- Code enforcement cases and liens
- Boundary and easement disputes
- HOA or condo assessments, pending or levied, and association litigation
- Prior insurance claims on the property
Federal law separately requires a lead-based paint disclosure for housing built before 1978.
What Florida does not require you to disclose
Florida statute specifically provides that a homicide, suicide or death occurring on the property is not a material fact that must be disclosed, and that a prior occupant having HIV or AIDS is not a material fact. That does not mean you may lie about it. If a buyer asks you directly, answering falsely is a different problem entirely.
As-is does not mean silent
This is the most common misunderstanding we encounter. Florida’s as-is residential contract means the seller has no obligation to repair. The buyer takes the property in its current condition, subject to their inspection rights.
It does not waive the Johnson v. Davis duty. A seller who knows about a persistent leak and says nothing, on an as-is contract, still has exposure.
Why disclosure is also the better commercial move
Set the law aside for a moment. Practically, undisclosed problems surface during inspection, and they surface at the worst possible time: two weeks in, with the buyer feeling misled and holding all the leverage. The renegotiation that follows almost always costs more than disclosing up front would have.
When you disclose early, the problem is priced into the offer once and it stays priced. That is true whether you are listing or selling to a cash buyer. Tell us what you know. It will not scare us off and it prevents an argument later.
Questions
Frequently asked
Is a written disclosure form required in Florida?
Florida does not mandate a specific statutory form for most residential resales, but the disclosure duty exists regardless, and most transactions use a standard form. Putting it in writing protects you.
What if I genuinely do not know?
The duty covers what you know. You are not required to investigate or to guess. Saying you do not know is a legitimate answer when it is true.
Do I have to disclose a repair I already fixed?
If it materially affects value, disclose it along with what was done. A properly repaired issue disclosed up front is far better received than one discovered later.
What happens if I do not disclose?
A buyer who discovers a concealed material defect may have a claim against you, potentially after closing. Consult a Florida real estate attorney about your specific situation.