Florida Seller Disclosure: What You Must Tell a Buyer (Including the New Flood Disclosure)

Home › Blog › Florida Seller Disclosure Guide · Updated October 25, 2026

Most sellers worry about disclosure for one of two reasons. Either they know about a problem and are afraid it will scare buyers away, or they are not sure what counts as a “problem” at all. Florida law answers both worries with the same principle: if you know something that significantly affects what the house is worth, and a buyer could not reasonably spot it on their own, you have to tell them. Since October 2024, Florida has also required a separate written flood disclosure on residential sales, and that form was expanded in 2025.

This guide explains those rules in plain English, then lists the other statutory notices that show up in a typical Florida contract, the subjects sellers most often need to disclose in Southwest Florida, and what you generally do not have to disclose. It is general information, not legal advice. Disclosure questions turn on facts, and the consequences of getting them wrong can include a rescinded sale or a damages claim, so talk to a Florida real estate attorney about your specific situation.

What is a Florida seller’s legal duty to disclose?

Florida did not create its main disclosure rule by statute. It came from the Florida Supreme Court in Johnson v. Davis (1985), a case about a home with a leaking roof that the sellers had represented as sound. The court rejected the old “buyer beware” rule for residential sales and held that a seller who knows of facts materially affecting the value of the property, which are not readily observable and are not known to the buyer, must disclose them. Florida courts have applied that rule to residential property for four decades, and Florida Realtors still describes it as the foundation of a seller’s obligations.

Break the rule into its parts and it becomes much easier to apply:

• “Knows.” The duty covers what you actually know, not every defect that might exist. You are not required to hire inspectors to discover hidden problems. But deliberately avoiding knowledge, painting over a stain you know came from a leak, or ignoring an obvious sign can look like concealment rather than ignorance.
• “Materially affecting the value.” The fact must be significant enough that it would change what a reasonable buyer would pay or whether they would buy at all. A recurring roof leak, a cracked slab, an open code case or past flooding are classic examples. A squeaky door is not.
• “Not readily observable.” If the problem is obvious on an ordinary walk-through, such as a missing fence or a hole in the drywall, the duty is weaker. Problems hidden inside walls, under flooring, in the attic or in public records the buyer would not think to check are the ones the rule targets.
• “Not known to the buyer.” If the buyer already knows about the problem, for example because you put it in writing, the duty has been met. That is the practical point of written disclosure.

Two practical consequences follow. First, an “as-is” clause in the contract does not cancel the duty. Florida courts have held that sellers must still disclose known latent defects in an as-is sale; the clause limits your obligation to repair, not your obligation to be honest. Second, the duty runs to residential property. Courts have generally been more willing to apply traditional “buyer beware” principles to commercial sales between sophisticated parties, though fraud and active concealment are never protected. If you are selling commercial property, the contract’s representations and the buyer’s due diligence period carry more weight; ask your attorney how they apply to you.

Real estate licensees have their own duty. Under Florida’s brokerage law, agents must disclose to buyers all known facts that materially affect the value of residential property and are not readily observable. That is why a good listing agent will press you for details: they can face discipline if they help hide a known defect.

What does Florida’s flood disclosure law require sellers to tell buyers?

In 2024, the Legislature created section 689.302 of the Florida Statutes, “Disclosure of flood risks to prospective purchaser,” in Chapter 2024-215 (Laws of Florida 2024-215). It took effect October 1, 2024, and it requires a seller of residential real property to give the buyer a written flood disclosure, on a form whose wording the statute prescribes, at or before the time the sales contract is executed.

What the original 2024 form covers

• A notice that homeowners’ insurance policies do not cover flood damage, and a recommendation that the buyer discuss separate flood insurance with their own insurance agent.
• Whether the seller has or has not filed an insurance claim for flood damage to the property, including a claim with the National Flood Insurance Program.
• Whether the seller has or has not received federal assistance for flood damage to the property, including from FEMA.
• A definition of “flooding”: inundation of the property from overflowing inland or tidal waters, unusual and rapid runoff or surface water from an established source such as a river, stream or drainage ditch, or sustained standing water from rainfall.

What changed on October 1, 2025

The 2025 Legislature amended the statute (Senate Bill 948), and the revised form took effect October 1, 2025. According to Florida Realtors and law-firm summaries of the bill, the form now also asks whether the seller knows of flooding that damaged the property during their ownership, whether or not an insurance claim was ever filed, and it covers flood-damage assistance from any source, not only federal programs. The same law added separate flood disclosures for residential leases of a year or more.

How to answer the flood form honestly in Southwest Florida

After Hurricane Ian in 2022 and the 2024 storms, many Lee, Collier, Charlotte and Sarasota homes took water, and many owners repaired without ever filing a flood claim. Under the updated form, the question is not just “did you file a claim?” but “do you know of flooding that damaged the property while you owned it?” A few habits help:

• Gather your records first: NFIP or private flood claims, FEMA or other assistance letters, contractor invoices for drywall, flooring or cabinet replacement, and any substantial-damage letter from your building department.
• Answer each question on the form exactly as written, then attach a short written explanation of what happened, what was repaired, by whom, and whether permits were pulled.
• If you are a personal representative, trustee or landlord who never lived in the home, say so and disclose what you have learned from records and tenants rather than leaving blanks.
• Remember the flood form is a minimum. Water intrusion from a roof leak or plumbing failure is not “flooding” under the statute’s definition, but it may still be a material fact under Johnson v. Davis.

The statute itself does not spell out a specific penalty for sellers, but a buyer who suffers a loss after an incomplete or false disclosure may still have claims under general Florida law. If your home has flood history, our page on selling a house in a flood zone and our guide to hurricane and flood damage explain your sale options.

Which other disclosures does Florida law require in a home sale?

Beyond the general duty and the flood form, several specific notices are required by statute or federal rule. Standard Florida contract forms already contain several of them, which is one reason sellers who write their own contracts sometimes miss one.

The code enforcement item deserves a closer look because it surprises people. If you sell a property while a code enforcement proceeding is pending, Florida law requires you to disclose the proceeding in writing, give the buyer copies of the pleadings and notices, tell them in writing that they will have to comply, and then notify the code official of the transfer within five days. Florida Realtors notes that skipping the pre-transfer steps creates a rebuttable presumption of fraud. If you are dealing with an open case, our page on code violations and unpermitted work explains how we buy those homes.

Association properties have their own layer. Beyond the statutory HOA summary or condo documents, buyers usually want the estoppel certificate, any pending special assessments and any litigation the association is involved in. If you know a large assessment is coming because of a roof, reserve study or milestone inspection, that is the kind of fact a buyer would consider material. Owners of condos facing assessments should see selling a condo with special assessments and HOA liens and fines.

What do Southwest Florida sellers most often need to disclose?

Every house is different, but the same categories come up again and again in Lee, Collier, Charlotte and Sarasota counties. If any of these apply and you know about them, assume a buyer would want to know.

Water: roof leaks, plumbing leaks and storm intrusion

Past roof leaks, even repaired ones, prior water damage from a burst supply line or water heater, wind-driven rain during a hurricane, and any related mold remediation. Disclose what happened and what was done, and keep the invoices. Our guide to selling a house with mold covers testing and remediation in more detail.

Roof, insurance and inspection history

Roof age and known defects, a recent insurance non-renewal or cancellation tied to the roof or other systems, and past insurance claims. Insurers will see claims history through industry databases regardless, so silence rarely helps. If your home has been hard to insure, read selling a house you can’t insure in Florida.

Structural and ground issues

Foundation cracks, slab movement, prior sinkhole claims or repairs, and engineering reports. Florida insurers and buyers treat sinkhole history seriously, and an old claim often appears in public or insurance records. See selling a house with sinkhole or foundation problems.

Systems and materials

Polybutylene supply lines, deteriorated cast-iron drains, recalled or obsolete electrical panels, aluminum branch wiring, and imported drywall associated with corrosion and odors in some homes built or renovated around 2005 to 2008. See old wiring and plumbing.

Permits and unpermitted work

Enclosed lanais or garages converted to living space without permits, additions, replaced roofs or windows with open permits, and work done after a storm without inspection. Buyers’ lenders, insurers and title companies are increasingly checking permit history.

Waterfront and site conditions

Seawall cracks or failures, dock damage, known erosion, drainage problems, septic system failures, well water issues, and boundary or encroachment questions such as a neighbor’s fence on your lot. Canal-front owners in Cape Coral should see selling with a failing seawall.

Pests and wood-destroying organisms

Past or active termite infestations and treatment history, including whether the home is under a transferable treatment contract. Florida buyers commonly order a wood-destroying organism inspection; disclosing known history up front avoids a surprise in the report.

Legal and financial matters affecting the property

Pending special assessments you know about, recorded liens, open code cases, pending litigation involving the property, and assessments like Cape Coral’s utility extension balances. These overlap with title work, but the buyer should hear about them from you first. Our guide to the cost of selling in Cape Coral and Fort Myers explains how many of these items also affect your net.

What don’t Florida sellers have to disclose?

Florida law specifically carves out a few subjects. Under section 689.25, the fact that a property was the site of a homicide, suicide or death is not a material fact that must be disclosed, and the same statute covers the fact that an occupant was infected with HIV or diagnosed with AIDS. Separately, federal fair housing law limits what can be said about the characteristics of neighbors or residents.

Beyond those carve-outs, the general rule limits the duty in three ways: you need not disclose what you do not know, what is readily observable, or what the buyer already knows. Be careful with all three. “I didn’t know” is weak if a reasonable person would have known; “it was obvious” is weak if you staged furniture over the stain; and “they already knew” is far easier to prove if you told them in writing. Never answer a direct question falsely, even about a subject you are not required to raise. Active misrepresentation is a separate problem from failing to disclose.

Do you still have to disclose problems if you sell as-is or to a cash buyer?

Yes. Selling as-is changes who pays for repairs; it does not change the disclosure rules. The flood form is required on residential sales regardless of the buyer, and the Johnson v. Davis duty does not disappear because the buyer is an investor or is paying cash.

What does change is how much the disclosure matters to the deal. A financed retail buyer may walk away or demand a large credit when they learn about a roof leak or an old sinkhole claim. A professional as-is buyer expects to find problems and prices them in from the start. That is why many sellers with heavily disclosed homes find a direct sale less stressful: the disclosure becomes part of the price conversation instead of a deal-breaker discovered three weeks into escrow.

When Libera Capital Group makes an offer, we ask what you know about the property and we inspect it ourselves. Tell us about the leak, the claim, the open permit or the cracked seawall. Our team, which includes licensed contractors, would rather price a known problem now than find it later. Our principals are licensed Florida real estate brokers buying as principals for our own account, so we do not represent you; your own attorney can review the contract and your disclosures. You can read how our process works on the how it works page.

Special situations: estates, trusts, landlords and commercial owners

• Personal representatives and heirs. You may never have lived in the house. Disclose what you know or learn from records, contractors, neighbors and the decedent’s papers, and say plainly that you have limited personal knowledge. Our step-by-step guide to selling an inherited house in Florida covers the rest of the estate process.
• Landlords. Tenants often know about leaks and pest issues before you do. Review maintenance requests and move-out reports before you fill out a disclosure. Owners ready to exit a rental can see selling as a tired landlord.
• Condo owners. Your own unit’s history matters, but so do the building’s milestone inspection, reserve study and assessments. See our page on condos and townhomes.
• Commercial owners. The residential disclosure rule may not apply in the same way, but environmental reports, leases, estoppels and known building defects are typical due diligence items, and false statements are never protected. See we buy commercial property.

How do you put together a seller disclosure package in Florida?

Florida does not prescribe a single all-purpose condition disclosure form for every seller, outside specific notices like the flood form. Many listing agents use the voluntary seller’s property disclosure published by Florida Realtors, and a real estate attorney can tailor one for unusual properties. Whatever form you use, the goal is a written, dated record of what you told the buyer.

1. Collect the paper trail. Insurance claims and declarations pages, inspection reports from past sales or refinances, 4-point and wind mitigation reports, permits and final inspections, contractor invoices, warranties, HOA or condo notices, and any code enforcement correspondence.
2. Walk the house with a list. Go room by room and system by system: roof, attic, plumbing, electrical, HVAC, windows, slab and foundation, pool, seawall or dock, septic or well, termite history. Note anything you know was repaired, replaced or never fixed.
3. Complete the flood form exactly as prescribed. Use the current statutory wording, answer every item, and add a written explanation where helpful.
4. Write short, factual explanations. Dates, what happened, who repaired it, whether a permit was issued. Avoid guessing about causes you do not know; say “unknown” where that is the truth.
5. Deliver it early and keep proof. Give the disclosure before the contract is signed, get a signed acknowledgment, and keep copies. Update it in writing if you learn something new before closing.
6. Have an attorney review anything unusual. Litigation, sinkhole claims, environmental issues, title disputes and open code cases are worth a lawyer’s review before you disclose and sign.

Frequently Asked Questions about Florida seller disclosure