What Disclosures Am I Legally Required to Provide When Selling My Florida Home?

Florida law requires sellers to disclose known material defects that affect the value of their property. This is not a suggestion — it is a legal obligation established by the Florida Supreme Court in Johnson v. Davis (1985) and reinforced by subsequent case law. For sellers in Naples, Bonita Springs, Fort Myers, Estero, and across Southwest Florida, understanding what must be disclosed — and how to disclose it properly — is one of the most important steps in a successful transaction.

The purpose of disclosure is straightforward: a buyer has the right to know about material facts that could affect their decision to purchase the property or the price they are willing to pay. When disclosure is handled correctly, it protects both parties and keeps the transaction moving toward a clean closing. When it is handled poorly, it creates legal exposure, negotiation breakdowns, and, in the worst cases, lawsuits.

What is the Johnson v. Davis standard?

The Johnson v. Davis standard is the foundation of Florida's seller disclosure law. It holds that a seller who knows of a material defect that is not readily observable and fails to disclose it — or actively conceals it — may be liable to the buyer for damages. A "material fact" is broadly defined as any condition that affects the property's value or a buyer's decision to purchase.

This standard applies to sellers and their agents. The seller has an affirmative duty to disclose known issues. The obligation does not require the seller to conduct an exhaustive inspection of the property, but it does require them to share what they know.

What must be disclosed under Florida law?

Florida does not mandate a single state-wide seller disclosure form (unlike some other states). However, most transactions use a standard disclosure form provided by the Florida Realtors — the Seller's Property Disclosure form — and it covers a broad range of known defects and conditions:

• Roof condition and leaks. Known roof leaks, age of the roof, and any unrepaired damage must be disclosed. A roof that has leaked repeatedly is a material fact.
• Plumbing and water issues. Leaks, pipe failures, slab leaks, water intrusion, or inadequate water pressure that the seller is aware of should be disclosed.
• Termite and pest damage. Any history of termite infestation, wood-destroying organism damage, or ongoing pest issues must be disclosed.
• Mold, mildew, and moisture problems. In coastal Southwest Florida, moisture issues are especially relevant. Known mold, standing water, or chronic humidity problems are disclosable.
• Flood history and water damage. Past flooding, storm surge, or hurricane-related water damage — even if repaired — should be disclosed. Buyers in coastal Florida rely on this information for insurance and peace of mind.
• Foundation and structural issues. Cracks, settling, or structural movement known to the seller must be disclosed.
• Electrical and mechanical systems. Known problems with HVAC, electrical wiring, or major appliances that remain with the property.
• Environmental hazards. Radon, asbestos, urea-formaldehyde insulation, or any known environmental contamination.
• Boundary and title issues. Encroachments, easements, or boundary disputes that the seller is aware of.

The form typically asks sellers to indicate "Yes," "No," or "No Knowledge" for each item. Sellers who answer "No Knowledge" when they are aware of an issue create legal exposure. The form also includes a section for the seller to add additional comments or explanations.

HOA and condominium association disclosures

When the property is located in a community governed by a homeowners association or condominium association, the seller is also required to provide certain documents to the buyer. These disclosures are typically handled through the association's estoppel process and include:

• Financial health. Information about the association's reserves, operating budget, and any special assessments already levied or planned.
• Pending litigation. Any active or pending lawsuits involving the association — including claims related to construction defects, property damage, or governance disputes.
• Rules and restrictions. The association's governing documents, including covenants, conditions, and restrictions (CC&Rs), bylaws, and rules regarding rentals, pets, parking, and property modifications.
• Fees and assessments. Current HOA or condo fees, any delinquent amounts, and any pending increases.

In Southwest Florida, where many properties are within master-planned communities such as Babcock Ranch or gated golf-course neighborhoods, the association disclosure package is a critical component of the sale. Buyers — and their attorneys — review these documents carefully, and any unexpected finding can delay or derail a closing.

Flood zone and insurance disclosures

In coastal Southwest Florida, flood disclosure is a topic that deserves its own attention. While Florida law requires sellers to disclose the property's flood zone designation if known, the practical implications go further than a box on a form.

Buyers need to know:

• Whether the property is in a FEMA-designated Special Flood Hazard Area (Zone A or V).
• Whether the property has flooded in the past — even if the flooding was not from a named storm.
• Whether flood insurance is required (it is federally mandated for properties with federally backed mortgages in flood zones).
• What the property's current flood insurance premium is — and whether it is grandfathered under an older rate.
• Whether the property has filed flood insurance claims or received National Flood Insurance Program payouts.

In the Mendoza v. Leaird case, a Florida court held that a seller's failure to disclose a history of water intrusion and flooding — even when the damage had been repaired — constituted a failure to disclose a material fact. Sellers in coastal communities should be especially thorough when documenting and disclosing water-related history.

Lead-based paint disclosure (federal requirement)

For homes built before 1978, federal law requires sellers to disclose any known lead-based paint hazards. This is a federal requirement that applies in addition to Florida's state disclosure obligations. Sellers must:

• Provide the buyer with the EPA-approved pamphlet Protect Your Family from Lead in Your Home.
• Disclose any known information about lead-based paint or lead-based paint hazards in the property.
• Include a federally mandated Lead Warning Statement in the purchase agreement.
• Allow the buyer a 10-day period (or another mutually agreed period) to conduct a lead-based paint inspection or risk assessment.

While newer construction in Southwest Florida is not subject to this requirement, many older homes in established neighborhoods of Naples, Fort Myers, and Bonita Springs are — and compliance is mandatory.

What happens if you do not disclose?

A seller's failure to disclose known material defects creates significant legal and financial risk:

• Legal liability. Under the Johnson v. Davis standard, a buyer who discovers an undisclosed defect after closing may sue the seller for damages — including the cost of repairs, diminution in value, and, in some cases, attorney's fees.
• Rescission of the contract. If a buyer discovers a material defect before closing that the seller failed to disclose, the buyer may have the right to terminate the contract and recover their earnest money deposit.
• Deal failure. Even without a lawsuit, an undisclosed defect that comes to light during inspection or due diligence often leads to renegotiation, credits, or a complete deal collapse.
• Reputation damage. In the small, interconnected world of coastal luxury real estate, a reputation for nondisclosure follows a seller and their agent.

The safest approach is always to disclose known defects in writing before an offer is accepted. It puts the transaction on honest footing and removes the element of surprise.

How Larissa guides sellers through the disclosure process

Disclosure is one area where having an experienced advisor makes a measurable difference. I walk every seller through the process in a way that is thorough without being alarmist:

• Preparation. Before the property goes to market, I sit down with the seller to review every item on the disclosure form. We walk through each question together, so nothing is overlooked and every answer is accurate.
• Documentation. I encourage sellers to maintain records of repairs, maintenance, insurance claims, and any past incidents. Documentation turns a disclosure from a statement into a verifiable fact.
• Clarity. Disclosure is not about over-sharing or creating unnecessary concern. It is about being accurate and truthful about what is known. I help sellers distinguish between a material fact and a non-issue so the disclosure is thorough without being misleading.
• Timing. The disclosure is delivered at the right point in the transaction — early enough to give the buyer confidence in the property and the seller's honesty, not buried in a last-minute document dump.
• Coordination. When a buyer's inspection turns up an issue, I help the seller evaluate it, determine whether it was already disclosed, and respond appropriately. This keeps the transaction moving and protects the seller's position.

The goal is not to avoid every inspection question. The goal is to make sure the seller walks into every conversation with clarity, good-faith documentation, and a calm, prepared response.

Florida's disclosure laws exist to protect buyers and sellers alike. When both parties enter a transaction with full knowledge of the property's condition, the deal is more likely to close smoothly, without surprises, renegotiations, or disputes. That is the standard I hold myself to — and the standard every seller deserves.