Florida Seller Disclosure Requirements: What You Must Tell a Buyer

Florida does not have one required disclosure form for home sales, but sellers still have real obligations. Under Johnson v. Davis, you must disclose known facts that materially affect the value of the home and that the buyer cannot readily see. On top of that, specific laws require a flood disclosure, radon and property tax notices, HOA or condo documents and, for homes built before 1978, a lead paint disclosure.

The general rule: Johnson v. Davis

In 1985 the Florida Supreme Court held that when a home seller knows of facts that materially affect the property's value, those facts are not readily observable, and the buyer does not know them, the seller has a duty to disclose them. The duty applies to "as is" sales too. An as-is contract limits repairs, not honesty. See our guide to selling as-is in Miami.

Real estate licensees have a similar duty under Florida law, so your agent cannot keep a known defect quiet either. Typical items that should be disclosed:

• Roof leaks, past water intrusion or mold
• Foundation or structural cracks
• Termite damage or past treatment
• Plumbing problems such as failing cast iron drains or polybutylene pipes
• Unpermitted additions or garage conversions, and open or expired permits
• Open code enforcement cases or liens
• Known HOA or condo special assessments

One thing the law says is not a material fact you must disclose: that a death, homicide or suicide happened on the property (section 689.25).

The Florida Realtors Seller's Property Disclosure form is not legally required, but most listing agents recommend it because it documents what you told the buyer. Answer it honestly and completely. A form that omits a known problem does not protect you.

Required disclosures by law

The flood disclosure (updated October 1, 2025)

Florida's flood disclosure law first took effect October 1, 2024 and was expanded effective October 1, 2025. The form begins by telling the buyer that homeowners insurance does not cover flood damage and encourages them to talk with an insurance agent about flood coverage. The seller must then answer three questions:

1. Do you know of any flooding that damaged the property while you owned it?
2. Have you filed an insurance claim for flood damage, including with the National Flood Insurance Program (NFIP)?
3. Have you received federal assistance for flood damage, including from FEMA?

"Flooding" is defined broadly. It includes overflow of inland or tidal waters, unusual and rapid runoff, and sustained standing water from rain. In Miami-Dade and Broward, a king tide or a heavy rain event that put water in the house counts. Since October 1, 2025, landlords must give a similar disclosure for leases of one year or longer (section 83.512). See our flood zones and disclosure guide.

HOA and condo disclosures

HOAs: the buyer must get the HOA disclosure summary before signing. If the buyer does not, the buyer can cancel by written notice within 3 days after receiving it, or any time before closing, whichever comes first.

Condos: on a resale, the seller must give the buyer the declaration, bylaws, rules, the latest budget and annual financial statement, the FAQ sheet, the most recent structural integrity reserve study (SIRS) or a statement that none exists, the milestone inspection summary if required, and any turnover report done on or after July 1, 2023. For contracts signed on or after July 1, 2025, the buyer has 7 days (not counting weekends and holidays) after receiving the documents to cancel. See our condo milestone and SIRS guide.

Other required notices

Radon and property tax

The radon notice tells buyers that radon is a naturally occurring radioactive gas, that levels above federal and state guidelines have been found in Florida buildings, and that the county health department has more information. Florida Realtors contracts already include it.

The property tax notice warns buyers not to rely on the seller's current taxes, because a change of ownership or improvements trigger a reassessment that can raise the bill. This matters a lot in Miami-Dade, where long-time owners with homestead and the Save Our Homes cap often pay far less than a new buyer will. Read Miami-Dade property taxes explained.

Lead paint and code enforcement cases

Many Miami homes were built in the 1950s through 1970s. For any home built before 1978, federal law requires the seller to give the buyer the EPA pamphlet "Protect Your Family From Lead in Your Home," disclose any known lead paint and reports, attach a signed Lead Warning Statement, and offer the buyer 10 days to test (the buyer can waive it). Keep copies for three years.

If there is a pending code enforcement case, Florida law requires the seller to disclose it in writing before the transfer, hand over the notices and orders, and tell the buyer they must comply. Within five days after the sale, the seller must notify the code enforcement office. Skipping this creates a presumption of fraud.

Seller checklist before you list

1. Pull your permit history and open code cases from the city or county.
2. Gather insurance claim records, flood history and any FEMA assistance paperwork.
3. Collect HOA or condo documents and the current assessment amounts.
4. Note repairs, termite treatments, roof dates and septic or sewer service.
5. Complete the flood disclosure and seller's disclosure before you accept an offer.

How we can help

We help sellers across Miami-Dade and Broward put together complete disclosure packages, and we know what buyers here ask about first: permits, flooding, roofs and assessments. Getting it right up front protects your sale and your price. Call us for a free consult, or start with a home-value check.

Frequently asked questions