Quick answer (TL;DR)
A Florida home seller must tell the buyer about known facts that materially affect the property’s value and that the buyer cannot readily see. That duty comes from the Florida Supreme Court’s 1985 decision in Johnson v. Davis, and an “as is” contract does not remove it. Florida statutes add specific written notices: flood history (since October 1, 2024), radon, property taxes, energy-efficiency rating information and, where they apply, HOA, condominium, coastal and sewer-lateral disclosures. Homes built before 1978 also need the federal lead-based paint disclosure, while the familiar seller’s disclosure questionnaire is a private form, not a state requirement.
Florida seller disclosure rests on one court-made duty to disclose known hidden defects, plus a set of short statutory notices that must reach the buyer at or before contract signing.
Two layers: a court-made duty and a set of required notices
No single “Florida disclosure form” settles the matter. The first layer is a court-made duty to disclose known material defects a buyer would not see, and it is the one that leads to lawsuits. The second is a set of specific notices in Florida Statutes and federal law, which are mostly mechanical: the right wording, delivered on time.
The core duty: Johnson v. Davis
Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), decided October 31, 1985, involved a three-year-old home with a leaking roof. The buyer asked about stains and buckling plaster and was told the window problem had long since been corrected and the stains came from wallpaper glue. After a heavy rain, water came in around the window frame, through the ceiling and into the kitchen. The court ruled for the buyers and set the rule Florida still follows:
Four questions to ask about any fact:
- Do you know it? The duty covers actual knowledge. It does not require inspections to find problems you are unaware of.
- Does it materially affect value? An active or recurring roof leak, water intrusion or a failing seawall usually would. Cosmetic wear usually would not.
- Is it hidden? A cracked tile in the entry is visible. Moisture behind fresh drywall is not.
- Does the buyer already know? A fact the buyer already knows, for example because you disclosed it in writing, falls outside the duty.
Two limits are worth knowing. Florida’s Fourth District Court of Appeal, which covers Palm Beach County, has noted that the Johnson duty applies to non-commercial real property. And licensees carry a parallel duty: section 475.278, Florida Statutes, requires transaction brokers, single agents and licensees with no brokerage relationship to disclose known facts that materially affect the value of residential property and are not readily observable. Your listing agent cannot keep a known defect quiet for you.
Does an “as is” contract change what you must disclose?
No. “As is” decides who pays for repairs, not what the buyer is entitled to know. In Solorzano v. First Union Mortgage Corp., 896 So. 2d 847 (Fla. 4th DCA 2005), an appeal from a Palm Beach County circuit court, the seller argued that the buyer bought “as is” and had time to investigate. The court rejected that defense:
“The inclusion of an ‘as is’ clause in a contract for the sale of residential real property does not waive the duty imposed upon a seller under Johnson.” Solorzano v. First Union Mortgage Corp., 896 So. 2d 847 (Fla. 4th DCA 2005), citing earlier decisions from the Second and Third Districts to the same effect.
The as-is buyer still inspects, keeps whatever termination right the contract gives, and is owed the truth about hidden defects you know of. Our guide to what “as is” really means in a Florida luxury contract covers the inspection and termination side of the same clause.
Is a seller’s disclosure form required in Florida?
There is no state-issued condition questionnaire that every Florida seller must sign. The four-page “Seller’s Property Disclosure – Residential” most buyers see is published by Florida Realtors, a private trade association. Florida Realtors’ published description of the form (2019 edition) says that although the disclosure “is not required to be given in writing,” the form “aids the seller in disclosing latent facts that materially affect the value of the property.” The current version cites Johnson v. Davis as the law it is designed to help you follow.
So the form is customary, not statutory. It is still the most practical way to meet the Johnson duty, because it prompts you on roofs, systems, termites, water intrusion, sinkholes, association rules and pending claims, and a signed, dated copy is a clear record of what you told the buyer.
Skipping the questionnaire does not skip the duty. If you decline to complete a disclosure form, the Johnson obligation still applies to every known, hidden, material fact. All you lose is the written record that you disclosed it.
The statutory disclosures at a glance
Most must reach the buyer by contract signing, so they are usually built into or attached to the contract.
| Disclosure | Applies to | When | Source |
|---|---|---|---|
| Flood disclosure (flood history, claims, assistance) | Residential real property | At or before contract execution | s. 689.302, F.S. |
| Radon gas notice | Any building sold or leased (transient stays of 45 days or less excepted) | On a document signed at or before the contract | s. 404.056(5), F.S. |
| Property tax disclosure summary | Residential property | At or before contract execution | s. 689.261, F.S. |
| Energy-efficiency rating information | Real property with a building for occupancy | At or before contract execution | s. 553.996, F.S. |
| HOA disclosure summary | Homes in a community with a mandatory homeowners’ association | Before contract execution | s. 720.401, F.S. |
| Condominium documents and governance form | Resale of a condominium unit | Buyer is entitled to copies; contract must carry the statutory clauses | s. 718.503(2), F.S. |
| Lead-based paint disclosure, EPA pamphlet, 10-day inspection opportunity | Most housing built before 1978 | Before the buyer is obligated under the contract | 42 U.S.C. 4852d; 40 CFR 745.107, 745.110 |
| Coastal properties disclosure statement | Property partly or wholly seaward of the coastal construction control line | At or before contract execution; CCCL affidavit or survey by closing unless waived | s. 161.57, F.S. |
| Known sewer lateral defects | Real property with a private sewer lateral | Before contract execution | s. 689.301, F.S. |
The flood disclosure: required since October 1, 2024
Section 689.302, Florida Statutes, was created by chapter 2024-215, Laws of Florida (CS/CS/HB 1049), effective October 1, 2024. A seller of residential real property must “complete and provide a flood disclosure to a purchaser” at or before the time the sales contract is executed, in the statutory form. Chapter 2025-166 revised the form effective October 1, 2025. It now opens with a notice that homeowners’ policies do not cover flood damage, then asks three questions:
- Whether the seller knows of any flooding that damaged the property during the seller’s ownership. The 2025 amendment added this question.
- Whether the seller has filed a flood damage claim with an insurance provider, including the National Flood Insurance Program.
- Whether the seller has received assistance for flood damage, including from FEMA. The 2024 version said “federal” assistance; the 2025 amendment removed that word.
“Flooding” is defined on the form as inundation from overflowing inland or tidal waters, the rapid accumulation of runoff or surface water from an established water source, or sustained standing water from rainfall. Each question asks about your time as owner, but the form does not replace the Johnson duty: known, hidden, material flood damage from earlier years still has to be disclosed. For the insurance side, see our guide to windstorm and flood insurance due diligence on coastal homes.
Radon, property tax and energy-efficiency notices
Radon. Section 404.056(5) requires that at least one document signed at or before the contract for the sale of any building carry a fixed radon gas notice, which says radon may present health risks when it accumulates and that levels above federal and state guidelines have been found in Florida buildings. The statute requires the notice, not a test.
Property taxes. Section 689.261 requires a property tax disclosure summary for buyers of residential property at or before signing. It tells the buyer not to rely on the seller’s current taxes, because a change of ownership or improvements trigger reassessment that could result in higher taxes. The gap can be large where a seller has held a homestead for years; our article on the Florida homestead exemption and the Save Our Homes cap explains why.
A listing change from February 1, 2027. Chapter 2026-239, Laws of Florida, added subsection (3) to section 689.261. From February 1, 2027, online listing platforms must follow new rules for showing property taxes that stop them presenting the current owner’s tax bill as the buyer’s estimate, and printed listing materials may not include the current owner’s ad valorem taxes.
Energy efficiency. Section 553.996 requires that a buyer of real property with a building for occupancy receive information, at or before signing, about the option of an energy-efficiency rating, including a notice that a rating may qualify a residential buyer for an energy-efficient mortgage.
Selling in an HOA community or a condominium
Homeowners’ associations. Where buyers must join a homeowners’ association, section 720.401 requires a disclosure summary before signing. It covers mandatory membership, covenants, assessments and the risk of a lien, and a seller who is not the developer supplies it. The contract must also state that if the summary was not provided before signing, the buyer may void the contract by written notice within 3 days after receiving it or before closing, whichever comes first, and that right cannot be waived.
Condominiums. Section 720.401 does not apply to condominiums; section 718.503(2) does. A resale buyer under contract is entitled, at the seller’s expense, to the condominium documents, budget and financial statement, the FAQ document, a governance form and, where they apply, the milestone inspection summary, the latest structural integrity reserve study and a turnover inspection report. Unless the contract records that the buyer had the core documents more than 7 days before signing (excluding weekends and legal holidays), it must give the buyer a right to cancel within 7 days (same exclusions) after signing and receiving them. Contracts signed after December 31, 2024 must also state the association’s milestone inspection and reserve study status. See also our luxury condo vs. single-family home comparison.
Homes built before 1978: the federal lead-based paint rule
Federal law adds a disclosure for most housing built before 1978, with exceptions such as zero-bedroom units and housing for the elderly or persons with disabilities where no child under six lives or is expected to live. Before the buyer is obligated under the contract, the seller must provide the EPA pamphlet Protect Your Family From Lead in Your Home, disclose known lead-based paint or hazards and any reports, include the Lead Warning Statement and signed acknowledgments, and allow a 10-day window for a lead inspection unless the parties agree otherwise in writing or the buyer waives it. Keep a copy for at least 3 years after closing. The rule requires sharing what is known, not testing.
Oceanfront and other situational disclosures
Coastal construction control line. Section 161.57 applies when any part of a property lies seaward of the coastal construction control line. At or before signing, the seller must give a written statement that the property may be subject to coastal erosion and to federal, state and local coastal regulation. Unless the buyer waives it in writing, the seller must also provide, by closing, an affidavit or survey showing where the line crosses the property. A seawall’s condition is exactly the kind of fact the Johnson duty reaches; see our guide to waterfront estate inspections, seawalls and docks.
Sewer laterals. Under section 689.301, a seller must disclose, before the contract is signed, any known defects in the sanitary sewer lateral, the privately owned pipe connecting the home to the main sewer line.
What Florida says you do not have to disclose
Under section 689.25, the fact that a property was, or was suspected to have been, the site of a homicide, suicide or death is not a material fact that must be disclosed, and neither is an occupant’s HIV or AIDS status. It bars suits over not disclosing those facts, but it covers silence only. Johnson v. Davis itself treated a seller’s false statements as fraud, so a direct question deserves a truthful answer or a referral to your attorney.
A practical disclosure checklist for Florida sellers
- List every repair, leak, insurance claim and payout during your ownership, with dates, so your flood answers and questionnaire answers match your records.
- Pull permits for past roof, addition, pool and seawall work.
- Request HOA or condominium documents early; condo resale packages now include milestone and reserve study items.
- Check the year built for the lead-based paint rule, and for oceanfront property confirm where the coastal construction control line falls.
- Complete the seller’s disclosure questionnaire yourself, from actual knowledge, and have your agent and closing attorney or title company confirm the contract carries each statutory notice that applies.
Our selling with LPE Realty page explains how we prepare a listing, and a private home evaluation is a good moment to raise known issues before they become negotiation points.
Frequently Asked Questions
Is a seller’s disclosure required in Florida?
The duty to disclose is required; the familiar questionnaire is not. Under Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), a home seller must disclose known facts that materially affect value and are not readily observable or known to the buyer. The Florida Realtors disclosure form is a private form that helps sellers meet that duty in writing, and separate statutes require specific notices such as flood, radon and property tax disclosures.
Does selling a house “as is” in Florida mean I do not have to disclose defects?
No. Florida courts have held that an “as is” clause in a residential sale does not waive the seller’s duty under Johnson v. Davis to disclose known hidden defects, including the Fourth District Court of Appeal in Solorzano v. First Union Mortgage Corp., 896 So. 2d 847 (Fla. 4th DCA 2005). An as-is clause addresses repairs, not disclosure.
What is the Florida flood disclosure law?
Section 689.302, Florida Statutes, created by chapter 2024-215, Laws of Florida, effective October 1, 2024, requires a seller of residential real property to give the buyer a flood disclosure at or before contract signing. As amended effective October 1, 2025, it asks whether the seller knows of flooding that damaged the property during their ownership, has filed a flood insurance claim, or has received flood damage assistance such as FEMA aid.
Do sellers have to disclose if someone died in the house in Florida?
No. Section 689.25, Florida Statutes, provides that the fact that a property was, or was suspected to have been, the site of a homicide, suicide or death is not a material fact that must be disclosed, and that no cause of action arises against an owner or licensee for not disclosing it.
Is radon testing required when selling a home in Florida?
No test is required for a home sale. Section 404.056(5), Florida Statutes, requires a radon gas notice in set wording on at least one document signed at or before the contract. The mandatory testing provisions in the same section apply to schools and licensed care facilities.
Please note: This guide is general information, not legal or tax advice. Confirm how these rules apply to your sale with a Florida real estate attorney and your title company. Statute text cited is the 2026 Florida Statutes as published by the Florida Legislature, read on October 20, 2026.
Sources: Johnson v. Davis, 480 So. 2d 625 (Fla. 1985); Solorzano v. First Union Mortgage Corp., 896 So. 2d 847 (Fla. 4th DCA 2005); Florida Statutes 689.302, 404.056, 689.261, 553.996, 720.401, 718.503, 161.57, 689.301, 689.25 and 475.278; Laws of Florida ch. 2024-215, ch. 2025-166 and ch. 2026-239; EPA, Real Estate Disclosures about Potential Lead Hazards; 40 CFR part 745, subpart F; 42 U.S.C. 4852d; Florida Realtors form descriptions.
Preparing to sell a home in Palm Beach County or South Florida?
Reach out to LPE Realty at info@lperealty.com or through our contact page. You can also request a private home evaluation.
LPE REALTY LLC, a licensed Florida real estate brokerage