FLORIDA SELLERS · WHAT THE LAW REQUIRES YOU TO DISCLOSE

Florida Seller Disclosure Requirements: What You Must Tell a Buyer

Florida doesn’t hand home sellers one state disclosure form. A 1985 Florida Supreme Court decision sets the general duty, and a short list of statutes adds specific notices, several of which are already printed in the standard contract. Here is that list in one place, with the law behind each item and what it means when you list.

By Mo Mufti, REALTOR® · LPT Realty · Updated October 10, 2026

The short version: Under Johnson v. Davis (1985), a Florida home seller who knows of facts that materially affect the value of the property, that aren’t readily observable, and that the buyer doesn’t know must disclose them. Selling “as is” doesn’t remove that duty. Statutes add a flood disclosure (s. 689.302), a radon notice (s. 404.056), a property tax disclosure summary (s. 689.261), an HOA disclosure summary where membership is mandatory (s. 720.401), an energy-efficiency rating notice (s. 553.996), and, before closing, disclosure of a paid sinkhole claim (s. 627.7073). Federal rules add lead-based paint disclosures for homes built before 1978. The detailed property-condition questionnaire you may be handed comes from Florida Realtors, not from a statute.

General dutyKnown facts that materially affect value and aren’t readily observable to the buyer.

TimingMost statutory notices at or before contract signing; a paid sinkhole claim before closing.

As-is salesAn as-is contract limits repairs. It doesn’t cancel the duty to disclose.

The general rule: Johnson v. Davis

In Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), the Florida Supreme Court held that “where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer.” Read it as three questions: Do you know about it? Does it matter to value? Would a buyer miss it on a normal look? If all three answers are yes, disclose it.

A June 2004 Florida Bar Journal review of the case law found that lower courts had uniformly declined to apply the Johnson rule to commercial sales; Johnson itself is framed around the seller of a home. Florida Realtors’ legal guidance, last updated February 9, 2026, says the disclosure can be made in writing or verbally and strongly recommends writing, so there is a record if a question comes up later.

The contract repeats the duty in writing. Paragraph 10(j) of the 2026 Florida Realtors/Florida Bar AS IS contract has the seller state that the seller knows of no facts materially affecting value that aren’t readily observable and haven’t been disclosed to the buyer, and that, except as disclosed in writing, the seller has received no notice from a government agency of an uncorrected building, environmental or safety code violation.

“As is” doesn’t erase it

The AS IS contract changes who fixes things, not who has to speak up. During the inspection period the buyer can inspect and cancel; after it, the buyer accepts the physical condition and the seller only has to maintain the home as it was on the Effective Date. Known hidden problems are a different matter. Florida Realtors’ guidance cites Rayner v. Wise Realty Co. for the point that the same disclosure requirement applies to homes sold as is, and the Florida Bar Journal describes a Third District decision holding that there is no “as is” contractual exception to the Johnson duty. More on choosing an as-is path: selling a Florida house as-is.

The statutory checklist

Each item below has its own trigger and timing. Some, including the radon notice and the property tax summary, are printed in the Florida Realtors/Florida Bar AS IS contract itself; others, such as the flood form and the HOA summary, are separate documents.

Disclosure	Law	When	What it covers
Flood history	s. 689.302	At or before the contract is signed	Known flood damage during your ownership, flood insurance claims, and flood-damage assistance, on a form whose wording the statute sets. Flood disclosure guide
Radon gas	s. 404.056(5)	On at least one document signed at or before the contract	A fixed paragraph on radon in Florida buildings. The AS IS contract prints it at paragraph 10(a).
Property tax disclosure summary	s. 689.261	At or before the contract is signed	Tells the buyer not to rely on the seller’s current taxes, because a sale triggers reassessment. Printed at paragraph 10(h).
HOA disclosure summary	s. 720.401	Before the buyer signs	Mandatory membership, covenants, assessments, and any rent or land-use fees. If it comes late, the buyer can cancel within 3 days after receiving it or before closing, whichever is first.
Condominium documents	s. 718.503(2)	On request, at the seller’s expense; the buyer’s 7-day cancellation window (excluding Saturdays, Sundays and legal holidays) runs from the later of signing and receiving the documents	Declaration, articles, bylaws and rules, annual financial statement and budget, the FAQ document, the governance form, and, where they apply, the milestone-inspection summary, turnover inspection report and structural integrity reserve study. For the declaration, bylaws, financials and FAQ, the cancellation right does not apply if the contract instead states the buyer received them more than 7 days, counted the same way, before signing. Contracts signed after December 31, 2024 must also carry a conspicuous statement on the association’s milestone inspection and structural integrity reserve study status. Confirm details with a Florida real estate attorney or title agent.
Energy-efficiency rating option	s. 553.996	At or before the contract is signed	Notice that the buyer may get an energy-efficiency rating. Paragraph 10(e) acknowledges receipt of the state brochure.
Paid sinkhole claim	s. 627.7073(2)(c)	Before closing	That a sinkhole claim was paid and whether all the proceeds were used to repair the damage. Sinkhole due diligence
Pending code enforcement	s. 162.06(5)	Before transfer, if a case is pending	Written notice of the proceeding, copies of the pleadings and notices, and that the new owner becomes responsible. Skipping it creates a rebuttable presumption of fraud. Within 5 days after the transfer, the seller must also file a notice with the code enforcement official naming the new owner and their address, with copies of the disclosures.
Lead-based paint	Federal rule (EPA)	Before the buyer is obligated under the contract	For housing built before 1978: the EPA pamphlet, known information and records, a Lead Warning Statement, and a 10-day chance to test, which the buyer may waive. Keep the signed disclosure for 3 years.
CDD notice (initial sales)	s. 190.048	In the contract for an initial sale	A bold notice that the community development district may levy taxes and assessments. See the next section for resales.

Community development districts, including The Villages

The Villages’ residential districts are community development districts. Village Community Development District No. 1, for example, was established under chapter 190, Florida Statutes, and Sumter County Ordinance 92-2 on February 18, 1992, according to the District. Section 190.048’s bold notice is written for the initial sale of a parcel or residential unit in a district; its text doesn’t extend to resales.

District charges still reach a resale buyer through other routes. Section 190.009 requires each district to make information about its public financing and maintenance available to prospective residents and to file its disclosure documents in the county property records. The AS IS contract prorates CDD special-benefit assessments at closing under Standard K. In The Villages, the bond, the maintenance assessment and the amenity fee should be confirmed for the specific address: the bond, CDD vs bond, and the amenity fee. Mo puts those numbers in the listing file so a buyer sees them before writing an offer.

What Florida law says you don’t have to disclose

Section 689.25 says 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 in a real estate transaction, and neither is an occupant’s HIV or AIDS diagnosis. It also bars a lawsuit against an owner or a licensee for not disclosing those facts. The statute speaks to staying silent, so if a buyer asks directly, ask a Florida real estate attorney how to answer.

The forms: required wording vs a customary questionnaire

Only some disclosures have wording set by law: the flood disclosure “must be made in the following form,” and the radon, property tax and HOA notices have statutory text. The long property-condition questionnaire is different. Florida Realtors publishes a Seller’s Property Disclosure – Residential form; its January 2025 revision (SPDR-4) added room for historic-district details and other facts that materially affect value and aren’t readily apparent. It is a trade-association form, and using it is a way to put the Johnson disclosure in writing.

Agents carry their own duty. Under section 475.278, a Florida licensee in a residential sale of four units or fewer must disclose all known facts that materially affect value and aren’t readily observable to the buyer. If you tell your agent about a hidden problem, expect it to be disclosed.

How Mo builds a seller’s disclosure file

Start with records, not memory

Permits and final inspections, insurance claim letters, repair invoices, the roof and HVAC dates, and any HOA or district statements. Records answer buyer questions before they become inspection objections.

Answer every statutory notice early

Flood, HOA summary and lead-paint items are due at or before the contract, so they are in the file before the first showing rather than gathered after an offer arrives.

Send hard questions to an attorney

Mo organizes facts and paperwork. Whether a specific fact is material, or how to word it, is a legal call for a Florida real estate attorney.

COMMON QUESTIONS

Seller disclosure questions

Is a seller’s disclosure form required in Florida?

No statute requires one general property-condition form. The Johnson v. Davis duty can be met in writing or verbally, and Florida Realtors recommends writing. Specific notices are required by statute, including the flood disclosure, the radon notice, the property tax disclosure summary, and, where association membership is mandatory, the HOA disclosure summary.

Do I still have to disclose defects if I sell as is?

Yes. An as-is contract limits what the seller must repair, but Florida courts have held it does not remove the duty to disclose known facts that materially affect value and are not readily observable.

Does a Florida seller have to disclose a death in the home?

No. Section 689.25 says a homicide, suicide, or death on the property is not a material fact that must be disclosed in a real estate transaction. The statute covers staying silent, not answering a direct question untruthfully. If a buyer asks, talk to a Florida real estate attorney before you answer.

Do I have to disclose a past sinkhole claim?

Yes, if you made a sinkhole claim that your insurer paid. Section 627.7073 requires disclosure before closing, including whether the full proceeds were used to repair the damage.

Does the CDD disclosure apply when I resell a home in The Villages?

Section 190.048’s bold CDD notice is written for the initial sale of a parcel or unit in a district. On a resale the district charges still matter: CDD assessments are prorated at closing under the standard contract and should be confirmed for the address with district and county records.

Getting a home ready to list?

Mo will help you assemble the disclosures, permits, and HOA or district numbers before the first showing, so buyers get answers up front and the contract starts clean.

Get a home value Book a 15-minute call

Mo Mufti, REALTOR® · LPT Realty, LLC · 352-298-8602

Official sources and references

Checked October 10, 2026. Statutes are the 2026 Florida Statutes on the Florida Senate site. Laws and forms change, so confirm the current version before relying on one.

Important: General real estate information only—not legal, tax, insurance, title, or financial advice. Mo Mufti is a Florida REALTOR® (license SL3600299) with LPT Realty, LLC, not an attorney, insurance agent, surveyor, or inspector. Use a Florida real estate attorney for legal disclosure and contract questions about your property.

More Florida costs & rules: HOA estoppel certificates · Closing timeline · Flood zones near The Villages · Flood disclosure · Who pays closing costs · Transfer tax calculator · Seller net sheet · Selling as-is