Key Takeaways
- Florida does NOT require a standard seller's disclosure form—sellers must only disclose known latent defects
- The Johnson v. Davis case established that sellers must disclose material facts known to them that affect value
- Radon gas disclosure is required for all residential sales and rentals in Florida
- Lead-based paint disclosure is required for homes built before 1978 (federal requirement)
- Energy efficiency rating (HERS index) disclosure is not required but may be provided
Florida Disclosure Requirements
Florida's disclosure requirements differ from many other states. There is no standard seller's disclosure form required by law.
Seller's Disclosure Duty
No Standard Form Required
Unlike California and Texas, Florida does NOT require a seller's property condition disclosure form. However:
| Duty | Requirement |
|---|---|
| Latent defects | Must disclose known material defects |
| Material facts | Must disclose facts affecting value |
| Caveat emptor | Modified by case law |
Johnson v. Davis Case
The Johnson v. Davis case (1985) established:
Sellers must disclose to buyers facts materially affecting the value of the property which are:
- Known to the seller
- Not readily observable
- Not known to the buyer
This modified the traditional "caveat emptor" (buyer beware) rule in Florida.
What Must Be Disclosed
| Must Disclose | Examples |
|---|---|
| Latent defects | Hidden water damage, termite damage |
| Material facts | Previous sinkholes, flooding |
| Known problems | Roof leaks, foundation issues |
| Legal issues | Code violations, pending litigation |
What Need NOT Be Disclosed
| Not Required | Notes |
|---|---|
| Deaths on property | Not required by Florida law |
| AIDS/HIV status | Prohibited from disclosing |
| Stigmatized property | Haunted houses, crimes |
| Neighborhood info | Sex offenders (buyer can research) |
Required Disclosures
Radon Gas Disclosure
Florida law requires radon gas disclosure for all residential sales AND rentals:
| Requirement | Details |
|---|---|
| Who must disclose | All sellers and landlords |
| When | Before or at contract signing |
| Content | Specific statutory language |
| Property type | All residential |
The required radon disclosure statement explains:
- Radon is a natural radioactive gas
- May be found in Florida buildings
- Testing is recommended
Lead-Based Paint (Federal)
For homes built before 1978:
| Requirement | Details |
|---|---|
| Disclosure form | Seller's Lead Disclosure |
| EPA pamphlet | "Protect Your Family From Lead" |
| Inspection period | 10 days to inspect (can be waived) |
| Seller knowledge | Must disclose known lead hazards |
Property Tax Disclosure
Buyers must be informed that:
- Property taxes may increase after purchase
- Assessment caps ("Save Our Homes") don't transfer
- New owner's taxes based on purchase price
HOA/Condo Disclosures
For properties in associations:
| Document | Timing |
|---|---|
| HOA disclosure summary | Before contract |
| Condo documents | 3-day rescission right |
| Budget and reserves | Must be provided |
| Rules and restrictions | Available for review |
Broker's Disclosure Duty
Brokers must disclose:
| Must Disclose | Even If |
|---|---|
| Known material facts | Seller doesn't want to |
| Property defects | Told to keep quiet |
| Adverse conditions | It might kill the deal |
Does Florida require sellers to complete a standard property disclosure form?
Which disclosure is required for all residential sales and rentals in Florida?