Florida Seller Disclosure: What Sellers Must Tell You: Step 21

You found the house, the contract is in, and the seller handed you a stack of forms. Buyers often ask what the seller actually has to tell them. This is Step 21 of the Bella Trae Realty Florida Transaction How-To series. It covers the duty to disclose known defects, the flood disclosure, and what an AS IS contract does and does not change.

The Duty to Disclose Known Defects

Florida has no single statewide form listing every item a seller must report. The main rule comes from the Florida Supreme Court case Johnson v. Davis (1985). Under it, when a seller knows of facts that materially affect the value of the home, that are not readily observable, and that the buyer does not know, the seller must disclose them. Examples that often come up include roof leaks, past water intrusion, and plumbing or structural problems the seller has seen firsthand.

The key word is "known." A seller is not expected to guess. A seller also does not have to point out what a buyer can plainly see, such as a stained ceiling tile in view of everyone at the showing.

The Flood Disclosure

Florida does have a required form for flood history. Section 689.302 of the Florida Statutes says the seller must complete and give the buyer a flood disclosure at or before the time the sales contract is signed. As of the 2025 update, the form asks whether the seller knows of any flooding that damaged the property during the seller's ownership, whether the seller filed a flood insurance claim, and whether the seller received assistance for flood damage.

The form also reminds buyers that homeowners insurance policies do not include flood coverage. In Central Florida, where drainage, retention ponds and low-lying lots vary street by street, this is worth reading closely in Winter Garden, Ocoee, Clermont and Kissimmee.

What an AS IS Contract Changes

Many Florida contracts are written AS IS. That means the seller is not promising to repair items, and the buyer uses the inspection period to decide. It does not erase the duty to disclose known latent defects. Florida courts have applied the Johnson v. Davis duty to AS IS sales. The practical result is that the seller does not have to fix a problem, but the seller cannot hide one they know about.

Items Florida Does Not Require Sellers to Disclose

State law says a death on the property, including a homicide or suicide, is not a material fact that must be disclosed. A buyer who cares about this can ask questions, but the law does not require the seller to volunteer it. Your agent can explain how to ask and what to do with the answer.

How to Use Disclosures as a Buyer

• Read every page the day you receive it, then compare it with your inspection report.
• Ask follow-up questions in writing when an answer is vague or a box is left blank.
• Order the inspections that match the answers, such as a roof, plumbing, or wind mitigation review.
• Check the flood zone and ask your insurance agent about flood coverage before your inspection period ends.
• Keep copies of every disclosure and every reply for your closing file.

Sellers: Disclose Early and in Writing

If you are selling, put what you know in writing and give it to the buyer early. Disclosure is the seller's responsibility, and a clear written record protects you. Your agent can point you to the right forms, but the facts have to come from you.

Questions about a disclosure on a home you are considering? Contact Bella Trae Realty today and we will walk through it with you.

Up Next: Friday's post, Florida Real Estate, Defined, explains the Effective Date, Closing Date and Time Is Of The Essence. Transaction Step 22 follows on Monday with HOA and condo document review.

This post is general education, not legal, tax or lending advice. Confirm current figures and requirements with a licensed Florida professional.