What Do You Have to Disclose When Selling a House in Florida?

Published on August 26th, 2022

If you're selling a home in Florida, there are certain things that you have to disclose to prospective buyers based on your actual knowledge of your home.

The Florida seller's disclosure statement allows you, as the seller, to meet the needs of Florida seller disclosure laws and local Florida statutes surrounding real estate transactions.

As a homeowner, what do you have to inform buyers of when purchasing your home?

What You Have to Disclose According to Florida Law - Material Defects

According to the Florida Statutes, a material defect is "any condition that might affect the value of real property," and examples of defects include but are not limited to:



• The property is contaminated by toxic waste.
• There's a serious mold problem on the property.
• An underground tank has been leaking oil into the soil underneath your home for years or other environmental hazards.
• Radon gas and or water (This is also required on a Federal law level with a radon gas disclosure form)
• Faulty electrical wiring.

• A property's boundaries or lines.
• Information about the homeowner's association, including the fees you pay monthly such as mandatory membership or monthly or quarterly fees.
• Wood destroying organisms like termites.
• Beach nourishment for waterfront properties.
• The existence of lead-based paint.
• Information about your property taxes on the property tax disclosure form.

Why You Should Disclose Information on Your Seller's Property Disclosure Form

You have an obligation under the law to disclose any material facts about your house, including steps to sell a fire ruined house in Florida, that could affect its desirability or future value of the property. These disclosure obligations, along with following the necessary steps to sell a fire ruined house in Florida, will help prevent future liability for you as the seller in the eyes of Florida courts.

Disclosing readily observable information about residential properties on your seller disclosures will make it easier for a buyer to move forward with a purchase.

Real estate agents that are members of the Florida Association of Realtors will advise you to give as much information as possible about items that could materially affect the value of the property.

In Florida, you must disclose known material defects to the buyer during a residential real property transaction. Florida home sellers disclose these latent defects and facts materially affecting the home on property disclosures to avoid future liability.

A seller's failure to disclose information during a Florida real estate transaction can result in legal issues.

If you or your real estate agent has questions about a seller's liability to disclose other disclosure requirements, it's best to reach out to a law firm that specializes in Florida case law surrounding real estate and real estate contract law for clarity.

Complying with what Florida law requires of sellers and being ready to disclose material defects, a property's condition, and other property defects about your home will save you time, energy, and money in the long run.

Home buyers will appreciate the honesty of most homeowners during a home sale.

For more information on state laws, selling your home as is, and statutory language, please check out our blog!