What does a Florida home seller legally have to disclose?

If you’re selling a home in Florida, the disclosure rules are stricter than many sellers assume — and getting them wrong is one of the few things that can unwind a closed sale or land you in court.

The core rule: Johnson v. Davis

Florida doesn’t have a single mandatory state disclosure form, but a 1985 Florida Supreme Court case (Johnson v. Davis) set the standard every seller must follow: you must disclose any facts materially affecting the value of the property that are not readily observable and not known to the buyer.

In plain English: if you know about a problem, it’s significant, and the buyer can’t easily see it themselves, you have to tell them. “I didn’t mention it” is not a defense if you knew.

One notable exception: a death on the property — including a homicide or suicide — is not considered a material fact you’re legally required to disclose under Florida law.

Common must-disclose items

• Roof leaks, age, or prior roof damage
• Prior flooding, water intrusion, or standing water
• Sinkhole activity or any sinkhole insurance claim
• Foundation or structural issues
• Mold, drainage, or moisture problems
• Termite/WDO damage or active infestation
• HVAC, plumbing, or electrical problems
• Permit issues or unpermitted work
• Polybutylene plumbing or known defective materials
• HOA/condo special assessments you know are coming

The Florida flood disclosure (effective Oct 1, 2024)

Under HB 1049, effective October 1, 2024, Florida requires sellers to give buyers a written flood disclosure at or before the time the sales contract is signed. You must disclose any history of flood damage, provide information about past flood-insurance claims or federal flood assistance for the property, and inform the buyer that standard homeowners insurance typically does not cover flood damage. Don’t rely on an old contract template that predates this law.

Other required statutory disclosures

Beyond Johnson v. Davis, a couple of specific disclosures are mandated by statute:

• Radon gas. Florida law requires a specific radon gas disclosure notice in the contract for sale, provided at or before execution.
• Gopher tortoise. If the property has gopher tortoises (a state-protected threatened species), their burrows are legally protected and the presence may need to be disclosed — it can affect what a buyer is allowed to build or disturb.

”As-is” does NOT remove your duty to disclose

Most Florida resale contracts are the “as-is” version. That limits the buyer’s repair requests — but it does not eliminate your Johnson v. Davis duty. You still must disclose known latent defects even on an as-is sale. (See our FAQ on what “as-is” actually means.)

The simplest rule

When in doubt, disclose it in writing. A disclosed defect is the buyer’s problem to evaluate; an undisclosed known defect can become your legal and financial problem long after closing.

Have more questions? Browse our full FAQ library or get your free Florida Home Buying Guide.