Seller disclosure requirements in Florida

Is a disclosure form required by law?

Not a general one. Florida does not prescribe a single questionnaire covering the roof, plumbing or foundation. The Legislature’s staff analyses list Florida’s seller disclosures as a series of specific, topic-by-topic duties, and none of them is a full condition report.

The general duty comes from case law. The Florida Senate’s 2025 bill analysis explains that Florida once followed “caveat emptor” (let the buyer beware), and that “the law changed in 1985” when the Florida Supreme Court, in Johnson v. Davis, ruled 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.” The same analysis notes that this duty applies even when the buyer agrees to buy residential property “as-is.” It generally does not apply to an as-is sale of non-residential property.

Real estate licensees have a parallel duty: § 475.278 requires transaction brokers and single agents to disclose “all known facts that materially affect the value of residential real property and are not readily observable.”

What sellers must disclose in writing

The flood disclosure

Chapter 2024-215 created § 689.302 and took effect October 1, 2024. Chapter 2025-166 expanded it from October 1, 2025. As of October 2026, the seller must state on the form whether the seller:

1. has knowledge of any flooding that damaged the property during the seller’s ownership;
2. has filed a flood-damage claim with an insurer, including the National Flood Insurance Program;
3. has received assistance for flood damage, including from FEMA.

The form also warns that homeowners’ policies do not cover flood damage, and defines flooding to include sustained standing water from rainfall. Before 2024, the House staff analysis noted, Florida courts were split on whether a tendency to flood was “readily observable.” See our flood insurance guide.

Radon and property tax notices

Section 404.056(5) requires a set paragraph, beginning “Radon is a naturally occurring radioactive gas,” on at least one document signed at or before the contract. It refers buyers to the county health department.

The property tax summary in § 689.261 warns: “BUYER SHOULD NOT RELY ON THE SELLER’S CURRENT PROPERTY TAXES.” A change of ownership triggers a reassessment that can raise the bill. Our Florida property tax guide explains why.

HOA and condo disclosures

For a home in a mandatory HOA, the buyer must receive the § 720.401 summary before signing. If not, the buyer may cancel in writing within 3 days after receiving it, or before closing, whichever comes first. This right cannot be waived.

For a condo resale, the buyer is entitled to the declaration, articles, bylaws and rules, the annual budget and financial statement, the “Frequently Asked Questions and Answers” document, and, where applicable, the milestone inspection summary and structural integrity reserve study (§ 718.503(2)(a)). If the documents are not delivered more than 7 days (excluding weekends and legal holidays) before the buyer signs, the contract must let the buyer cancel within 7 such days after receiving them.

Exemptions: what sellers do not have to disclose

Section 689.25 says two facts are “not a material fact that must be disclosed”: that an occupant had HIV or AIDS, and that the property was the site of a homicide, suicide or death. No lawsuit can be based on failing to disclose them.

The federal lead rule does not apply to foreclosure sales, zero-bedroom units, most housing for the elderly or disabled, housing certified lead-free, or housing built after 1977 (EPA). The coastal statement in § 161.57 applies only seaward of the coastal construction control line.

What happens if a seller does not disclose

It depends on the rule:

• HOA summary missing: the contract is voidable by the buyer until closing (§ 720.401(1)(c)).
• Condo contract without the required clause: voidable by the buyer before closing (§ 718.503(2)(d)).
• Coastal statement missing: § 161.57(4) says the failure does not void the contract, create a right to rescind or impair the title.
• Hidden material defects: the remedy comes from case law. The buyer may sue under the duty described in the Senate analysis. Whether a defect was “readily observable” is decided case by case.

Unsure whether a fact is material? See when to hire a Florida real estate attorney.

Federal lead-based paint rule (homes built before 1978)

For most housing built before 1978, EPA’s rule requires sellers and their agents, before the buyer signs, to:

• give the buyer the Protect Your Family From Lead in Your Home pamphlet;
• disclose any known lead-based paint or hazards and provide available records and reports;
• include a “Lead Warning Statement” in or attached to the contract;
• give the buyer a 10-day period to conduct a lead inspection or risk assessment, which the parties may lengthen or shorten in writing.

An inspection can find what no form covers; see home inspection cost.