Executive Summary: Florida home sellers must disclose known material defects that aren’t obvious to buyers like roof leaks, mold, plumbing issues, or unpermitted work. Selling “as-is” does not cancel this legal duty. Failing to disclose can result in lawsuits, repair costs, or even the reversal of the sale. Put everything in writing and review disclosures carefully.
Selling a house in Florida? You might think it’s “as-is,” and what the buyer doesn’t ask, you don’t have to tell. But that’s not how it works here. Florida law requires sellers to disclose certain issues with the property, even if you sell it “as-is.” If you skip this step or try to hide a known problem, you could get sued after the sale.
Here’s what you must tell buyers, and what you don’t have to, before handing over the keys.
Florida’s Disclosure Law: The Basics
Florida follows what’s called “non-disclosure with exceptions,” which means sellers don’t have to volunteer every detail, but must disclose any known facts that materially affect the value of the property and are not easily seen by the buyer.
This rule comes from a major Florida Supreme Court case: Johnson v. Davis (1985), which made clear that hiding known issues is legally considered fraud.
What Must Be Disclosed
There’s no official state-required form, but most sellers use the standard Florida Realtors’ Seller’s Property Disclosure Form. Whether you use that form or not, here’s what must be disclosed if known:
- Roof leaks or previous water damage
If the roof has leaked, even once, you must disclose it, along with whether it was repaired and by whom.
- Termite or pest damage
Past or present infestations must be disclosed, including any treatments.
- Plumbing, electrical, or HVAC issues
Anything that’s broken or not working properly must be noted.
- Flooding, drainage, or mold problems
If the property has flooded before or shows signs of mold, that must be disclosed.
- Sinkhole activity or soil settlement
In Florida, sinkholes are a serious issue. If you know of any prior reports, claims, or repairs, disclose them.
- Unpermitted work or additions
If renovations were done without proper permits, that’s something the buyer has a right to know.
- Lead-based paint (for homes built before 1978)
This is a federal rule, not just a Florida rule. You must provide the EPA’s lead disclosure pamphlet and any known reports.
- Code violations or open permits
You must tell the buyer if there are unresolved permits or known code violations.
- Legal issues that affect the property
This includes ongoing lawsuits, boundary disputes, or HOA violations.
What You Don’t Have to Disclose
Florida law does not require disclosure of the following unless directly asked:
- If someone died in the home
- If the property is stigmatized (e.g., crime, paranormal claims)
- The personal finances or motivations of the seller
However, if asked directly, you cannot lie. You must answer truthfully or say you don’t know.
What About “As-Is” Sales?
Selling a home “as-is” does not remove your legal duty to disclose known defects. It only means you’re not making promises to fix anything. The buyer is still expected to inspect the property, but you’re still legally required to disclose any hidden issues you know about.
What If You Don’t Disclose?
Failing to disclose can lead to serious legal consequences, including:
- Lawsuits from the buyer for fraud or misrepresentation
- Being forced to pay for repairs or damages after the sale
- Cancellation of the sale if the issue is discovered before closing
Even if you didn’t lie, or if you “forgot,” or didn’t take the time to check, courts may still find you liable.
Always Disclose in Writing
Verbal disclosures are hard to prove. Always document what you told the buyer, preferably through the formal disclosure form. Attach receipts, reports, or repair records to show you’ve been honest.
Call the Law Office of Ray Garcia, P.A.
If you’re preparing to sell property in South Florida or you’ve already sold and the buyer is making legal threats, talk to us. We work directly with sellers to review disclosures, avoid legal issues, and protect your sale. Call today, and we’ll walk through it together.
Garcia & Garcia Attorneys at Law
Latest posts by Garcia & Garcia Attorneys at Law (see all)
- Can You Waive Alimony in a Prenup? What Florida Courts Allow - April 1, 2026
