Florida Seller Disclosure Requirements: What You Must Tell Buyers (2026)

It's one of the least understood parts of selling a home in Florida, and one of the most consequential. Get disclosure right and it's a routine piece of paperwork. Get it wrong — hide something you knew about — and a buyer can unwind the sale after closing, get their money back, and come after you personally. This is worth understanding clearly before you list.

The rule that governs everything: Johnson v. Davis

Florida doesn't rely mainly on a statute for home-sale disclosures. It relies on a 1985 Florida Supreme Court case, Johnson v. Davis, which set the standard every Florida seller still operates under today.

The rule is simple to state. You must disclose any fact that:

1. You know about, and
2. Materially affects the value or desirability of the property, and
3. Is not readily observable to or known by the buyer.

All three have to be true. Break it down:

• You know about it. You're not required to disclose problems you genuinely don't know exist. Florida doesn't make you a building inspector of your own home. But "I didn't want to know" is not the same as not knowing.
• It materially affects value. A scuff on a baseboard isn't material. A roof that leaks, a foundation that's settling, a history of flooding, an active termite problem — those are.
• It's not readily observable. You don't have to point out the obvious. If the carpet is visibly stained, the buyer can see that. But a problem hidden behind a wall, under fresh paint, or known only from history (a past sinkhole repair, a recurring leak you patched) must be disclosed even though the buyer couldn't find it on their own.

When a problem hits all three, you must disclose it. Full stop.

Is a disclosure form required?

Here's a nuance that trips people up: Florida does not mandate a single government disclosure form for most residential sales the way some states do. But that does not mean disclosure is optional — the Johnson v. Davis duty applies regardless of any form. And a few specific statutory disclosures are required and are already built into the standard contract — notably the flood disclosure (Fla. Stat. 689.302) and a pre-printed radon-gas notification (Fla. Stat. 404.056), which appears on every Florida residential contract regardless of whether the home has ever been tested.

In practice, virtually every Florida seller uses the standard Seller's Property Disclosure form provided through Florida Realtors. Why, if it's not technically required? Because it protects you. Filling it out honestly creates a written, signed record of exactly what you disclosed and when. If a buyer later claims you hid something, that documented disclosure is your best defense. Skipping it leaves you arguing about who said what — a fight you don't want.

The 2024 flood disclosure — new and mandatory

This one is a statutory requirement, and it's recent. As of October 1, 2024, Florida law requires sellers of residential property to give the buyer a written flood disclosure at or before the time the contract is signed.

Florida expanded this disclosure effective October 1, 2025, so the current required form addresses:

• Whether the seller has knowledge of any flooding that has damaged the property during their ownership (the item added in 2025 — note this is not limited to flooding that triggered a claim)
• Whether the seller has ever filed a flood insurance claim on the property (including with the National Flood Insurance Program)
• Whether the seller has received federal disaster assistance (e.g., from FEMA) for flood damage to the property

Given Florida's hurricane and flood exposure — and the lessons of recent storm seasons — this has quickly become a standard, expected part of the residential paperwork. If you've had any flood-related claim or assistance, it goes on this disclosure.

What sellers commonly need to disclose

Beyond the formal flood disclosure, the kinds of issues that typically meet the Johnson v. Davis test in Florida include:

Category	Examples
Structural	Foundation settling, prior sinkhole activity or repairs, roof leaks
Water	History of flooding, water intrusion, past mold remediation, drainage problems
Systems	Known defects in HVAC, plumbing, electrical, septic, or well
Pests	Active or past termite/wood-destroying-organism damage and treatment
Florida-specific	Chinese drywall (a 2004–2007 construction-era issue), polybutylene plumbing
Legal/HOA	Open permits, unpermitted work you know about, pending HOA assessments, boundary or easement disputes
Environmental	Known radon results, prior insurance claims affecting the property's record

This isn't exhaustive — the test is the principle, not a checklist. If you know of something material and hidden, it gets disclosed even if it's not on a list.

Disclosure is not the same as repair

This is the reframe that makes the whole thing less stressful: disclosing a problem does not obligate you to fix it.

You are completely free to sell a home with known issues. You can sell as-is. What you cannot do is hide the issues you know about. The two ideas work together:

• You disclose what you know.
• The buyer accepts the home as-is, with eyes open.
• The price reflects the condition.
• Everyone is protected.

This is exactly why "as-is" does not mean "don't ask, don't tell." An as-is contract limits your obligation to repair — it does nothing to limit your obligation to disclose. Sellers who treat as-is as permission to stay quiet about a known defect are setting themselves up for a lawsuit. (For the repair side of the decision, see what to fix before selling.)

What you do not have to disclose

Florida law also protects sellers in a few areas:

• Things you genuinely don't know about. You're not liable for hidden defects you had no knowledge of.
• Readily observable conditions. You don't have to point out what the buyer can plainly see.
• Stigma items the law specifically exempts. Under Florida statute, a seller is not required to disclose that a death — including by suicide or homicide — or that HIV/AIDS infection of an occupant, occurred on the property. These are legally designated non-material to the transaction.

The cost-benefit is wildly lopsided — so disclose

Here's the practical wisdom that should guide every close call: the downside of over-disclosing is tiny, and the downside of under-disclosing is enormous.

• Over-disclose something borderline, and the worst case is a buyer who asks a few extra questions or negotiates slightly. Usually nothing happens at all.
• Under-disclose a known material defect, and a buyer who discovers it after closing can seek to rescind the sale, recover their deposit and costs, and pursue you for damages — and the documented fact that you knew is the whole case against you.

When you're genuinely unsure whether something rises to "material," the right answer is almost always to disclose it and let the buyer decide. It costs you essentially nothing and removes the single biggest legal risk in the entire transaction.

Bottom line

Florida's disclosure rules aren't a trap — they're actually straightforward once you see the logic: disclose what you know, in writing, especially the things a buyer couldn't find on their own. Use the standard forms, complete the required flood disclosure, and remember that disclosing a problem and fixing a problem are two separate choices. Do that, and disclosure becomes a non-event instead of a liability.

If you're getting ready to sell in Orange, Seminole, or Brevard County, I'll walk you through your disclosures personally so nothing gets missed and you're fully protected — and we'll start by getting you a real sense of what your home is worth in today's market.

Get a free home valuation →  •  Read the full Orlando seller guide →

Ryan Solberg | MaxLife Realty | Orlando, FL

This article is general information, not legal advice. For questions about your specific disclosures, consult a Florida real estate attorney.