What Florida Sellers Must Disclose by Law

What Florida Sellers Must Disclose by Law (And What They Don’t Have To)

I had a seller last year who almost listed their home without completing the Seller’s Property Disclosure form. Their reasoning? “We’re selling as is, so we don’t need to disclose anything.” That single misunderstanding could have exposed them to serious legal liability, and it’s one of the most common mistakes I see sellers make in Southwest Florida.

Here’s the reality: Florida has some of the most detailed seller disclosure requirements in the country. Whether you’re selling a single-family home in North Port, a waterfront property in Punta Gorda Isles, or a condo in Venice, the law is clear: you must disclose what you know. And with new flood disclosure rules that took effect in October 2025, the bar just got higher.

This guide breaks down exactly what Florida sellers are legally required to disclose, what they don’t have to share, and how to handle the gray areas that trip sellers up. I’m going to walk you through the key areas of the Florida Seller’s Property Disclosure form, the new flood disclosure law, what counts as a “material defect,” and the topics that consistently create confusion, including deaths on the property, insurance claims, and radon gas.

A quick note before we dive in: I’m a licensed Realtor, not a real estate attorney. The information in this guide is based on current Florida law and my experience working with sellers across Sarasota County and Charlotte County. For any specific legal question about your situation, I always recommend consulting with a qualified real estate attorney. That’s not a disclaimer I throw around loosely. Disclosure law is one area where professional legal guidance can save you from a very expensive mistake.

The Legal Foundation: Johnson v. Davis and Why It Matters to Every Florida Seller

Before 1985, Florida real estate operated under the old “caveat emptor” rule. Buyer beware. If you bought a home and later found out the roof leaked, that was your problem. The seller had no obligation to tell you about it.

That changed when the Florida Supreme Court decided the case of Johnson v. Davis in 1985. The court ruled that when a seller knows of facts that materially affect the value of the property, and those facts are not readily observable by the buyer and are not already known to the buyer, the seller is under a duty to disclose them.

That ruling became the foundation for how seller disclosure works in Florida today. And it introduced four elements that matter to every seller reading this:

Actual knowledge: The seller must actually know about the defect. You’re not expected to hire an inspector or go looking for problems. But if you know about a problem, you can’t hide it.
Materiality: The issue must materially affect the property’s value. A squeaky door hinge doesn’t qualify. A foundation crack, recurring flooding, or a roof that leaks during every storm does.
Not readily observable: If the buyer can see it during a normal walkthrough, it’s considered observable and the seller’s duty to point it out is reduced. Hidden issues behind walls, under floors, or underground are the kinds of things the court was addressing.
Failure to disclose: The seller either deliberately concealed the issue or simply didn’t mention it. Both can create liability.

This is not just legal theory. I’ve seen transactions fall apart over disclosure disputes, and I’ve seen sellers face claims after closing because a buyer discovered something the seller knew about but didn’t disclose. Having a documented paper trail, which is exactly what the Seller’s Property Disclosure form creates, is one of the best forms of legal protection available to a seller.

The Seller’s Property Disclosure Form: What It Is and Why You Should Use It

Here’s something that surprises a lot of sellers: Florida does not legally require you to fill out a specific standardized disclosure form. There is no single state-mandated form that every seller must complete.

But that does not mean you’re off the hook.

The law still requires you to disclose all known material facts. The Florida Realtors Seller’s Property Disclosure (SPDR) form is the tool most widely used to meet that obligation. It was updated most recently in early 2025 (now version SPDR-4) and covers everything from appliances and structural conditions to sinkholes, environmental hazards, historic districts, and insurance claims.

When I list a home, I walk every seller through this form in detail so they can fill it out to the best of their ability. I’ve found that the process of completing it thoughtfully actually protects sellers more than it exposes them. Here’s why: when you document what you know and when you knew it, you create a record that demonstrates good faith. If a buyer raises a concern after closing, your written disclosure is your best defense.

The form covers several major categories, and I want to highlight the ones that come up most often in my experience

Property Features and Appliances

The first section asks you to identify what comes with the home and its working condition. Oven, dishwasher, garbage disposal, pool equipment, sprinkler system, garage door openers, smart home systems, solar panels. You check off what’s included and note whether it’s operational. This section is straightforward, but don’t skip it. I’ve seen disputes over a pool heater that a buyer assumed was included and working, and it wasn’t.

Structural and Environmental Conditions

This is where things get more involved. The form asks about:

Roof leaks, past or present
Foundation issues, settling, or structural movement
Sinkholes (confirmed or suspected, and this is a genuine concern in parts of Southwest Florida)
Termite or wood-destroying organism damage and treatment history
Mold issues or past remediation
Environmental hazards including proximity to protected wetlands, conservation areas, or archaeological sites
Boundary disputes or encroachments
Whether additions or renovations were done with proper permits

Unpermitted work is a big one. I talk to sellers regularly who added a screened lanai, converted a garage, or enclosed a patio years ago without pulling permits. This needs to be disclosed. Buyers who discover unpermitted work during the inspection or after closing can create significant problems for the seller, both financially and legally.

Insurance Claims and Repairs

The disclosure form asks whether you’ve filed homeowner’s insurance claims on the property. This includes claims for wind damage, water intrusion, fire, or anything else covered under your policy. It also asks about major repairs or remodeling and whether contractors were involved.

I know this can feel uncomfortable. Nobody wants to draw attention to a past claim. But failing to disclose a claim that a buyer could later discover through a CLUE report (Comprehensive Loss Underwriting Exchange) creates a much bigger problem than simply noting it on the disclosure form. Insurance companies maintain records of claims filed on a property, and buyers can request this information. If your disclosure doesn’t match the CLUE report, that’s a red flag that can lead to legal action.

For more context on how homeowner’s insurance works in Southwest Florida, including what different policies cover and how to reduce your premiums, I covered that in detail in a previous guide.

Florida’s Expanded Flood Disclosure: What Changed Under SB 948

Flood disclosure in Florida has changed significantly in the last two years, and every seller in Southwest Florida needs to understand the current requirements.

In 2024, the Florida Legislature created Section 689.302, Florida Statutes, which established the state’s first mandatory flood disclosure form for residential property sales. That was a big step. But in 2025, Senate Bill 948 expanded those requirements even further. The updated law took effect on October 1, 2025.

Under the current law, sellers must complete a Flood Disclosure form (FD-2) and provide it to the buyer at or before the time the sales contract is executed. The form requires the seller to disclose three specific things:

Whether the seller is aware of any flooding that damaged the property during their period of ownership. The definition of “flooding” under the statute is broad. It includes the overflow of inland or tidal waters, the unusual and rapid accumulation of runoff or surface waters from any established water source like a river, stream, or drainage ditch, and sustained periods of standing water resulting from rainfall.
Whether the seller has filed a claim with an insurance provider relating to flood damage on the property. This includes claims filed through the National Flood Insurance Program (NFIP) or any private flood insurance policy.
Whether the seller has received assistance for flood damage to the property from any source. Before SB 948, this was limited to federal assistance. Now it covers state, local, private, and FEMA assistance. That word “any” is important.

The form also includes a notice to the buyer that standard homeowner’s insurance does not cover flood damage and encourages the buyer to discuss flood insurance options with their insurance agent. That’s a critical detail for buyers relocating from states where flooding isn’t top of mind.

Here’s what makes this especially relevant in our market: Southwest Florida experienced significant flooding during recent hurricane seasons. Properties in North Port, Port Charlotte, and parts of Englewood were impacted. If you received FEMA assistance, filed a flood insurance claim, or experienced water damage from storm surge, standing water, or drainage overflow during your ownership, that information now must be disclosed in writing.

Failing to provide the flood disclosure creates real exposure. While SB 948 doesn’t explicitly outline a private cause of action for sellers, a buyer who suffers substantial flood-related losses without having received proper disclosure may have grounds for legal action based on misrepresentation or fraudulent concealment. The statute defines “substantial loss” as repair costs equaling 50% or more of the property’s market value at the time of the flooding.

Bottom line: fill out the flood disclosure completely and honestly. If you’re unsure about any of it, work with your Realtor and a real estate attorney to get it right.

Known Material Defects: The Heart of Florida’s Disclosure Law

The phrase “known material defect” sounds like legal jargon, but the concept is simple. A material defect is something wrong with the property that would significantly affect its value or a buyer’s decision to purchase it. If you know about it and it’s not something a buyer can see during a normal walkthrough, you need to disclose it.

Here are the types of issues that commonly fall into the “material defect” category in Florida:

Category	Examples
Structural	Foundation cracks, settling, load-bearing wall modifications, roof damage or past failures
Water Intrusion	Recurring leaks, past flooding, moisture behind walls, drainage problems
Environmental	Mold (past or present), asbestos in older homes, contaminated soil, Chinese drywall (2001-2009 construction)
Mechanical Systems	Known HVAC failures, electrical wiring issues, faulty plumbing, water heater defects
Pest/Organism	Termite damage (past or active), wood-destroying organism history, pest infestations
Property Use	Unpermitted additions or conversions, zoning violations, boundary disputes, encroachments
Legal/Title	Pending code enforcement actions, liens, easements affecting property use, litigation
Sinkhole	Known sinkhole activity (confirmed or suspected), past sinkhole remediation

A few of these deserve extra attention:

Sinkholes

Sinkhole activity is a legitimate concern in certain parts of Florida, including sections of Sarasota County. If you know your property has a history of sinkhole activity, or if testing or remediation was performed, you must disclose it. Past sinkhole remediation is discoverable through public records, and buyers who uncover it after closing without prior disclosure are going to have questions, and possibly attorneys.

Code Enforcement Actions

If your property has a pending code enforcement proceeding, Florida Statutes require you to do several things. You must disclose the existence and nature of the proceeding to the buyer in writing. You must deliver copies of the relevant documents, including pleadings and notices. You must inform the buyer that the new owner will be responsible for compliance. And within five days of the transfer, you must file a notice with the code enforcement official identifying the new owner. Failure to make these disclosures creates a rebuttable presumption of fraud under Sections 125.69 and 162.06, Florida Statutes.

“As Is” Does Not Mean “Don’t Disclose”

This is the misconception I run into most often. Selling a property “as is” affects the buyer’s ability to request repairs during the inspection period. It does not eliminate the seller’s obligation to disclose known material defects. Florida courts have been very clear on this. The First District Court of Appeal confirmed in Rayner v. Wise Realty Co. of Tallahassee that the Johnson v. Davis disclosure duty applies fully to “as is” sales. If you know about a defect, you must disclose it. Period.

Deaths on the Property: What the Law Actually Says

This is one of the most common questions I get from sellers, and it’s also one of the most widely misunderstood topics in Florida real estate.

Under Florida Statute 689.25, a seller is not required to disclose that a homicide, suicide, or death occurred or is suspected to have occurred on the property. These facts are not considered material under Florida law, and neither sellers nor real estate agents have an obligation to volunteer this information.

The same statute also provides that sellers are not required to disclose that a previous occupant was infected with HIV or diagnosed with AIDS.

Now, here’s where it gets nuanced. If a buyer asks you directly, Florida law doesn’t provide a clear script for how to respond. You’re allowed to say something along the lines of, “Florida law does not require me to disclose that information.” That’s a truthful, legally defensible response. What you cannot do is make a false or misleading statement. If a buyer asks, “Has anyone ever died in this home?” and you say no when you know that someone did, that could be considered misrepresentation, and it opens you up to liability.

My advice? If this situation comes up, don’t try to navigate it alone. Talk to your agent and, if needed, a real estate attorney who can help you handle the question appropriately.

Radon Gas Disclosure

Every Florida real estate contract must include a specific written disclosure about radon gas. This requirement comes from Section 404.056(5), Florida Statutes, and the language is prescribed by the statute itself. It warns buyers that radon is a naturally occurring radioactive gas that can accumulate in buildings throughout Florida, that levels exceeding federal and state guidelines have been found in buildings in the state, and that testing is recommended.

The good news for sellers is that this language is already built into the standard Florida Realtors (FAR/BAR) contract. There’s no separate form to complete for radon. But here’s the important part: if you know your home has elevated radon levels, and that’s something you are personally aware of, it should be disclosed on the Seller’s Property Disclosure form. Radon levels above 4.0 pCi/L are considered actionable by the EPA, and if you’ve had testing that showed elevated levels, that’s information a buyer would want and arguably needs.

Sellers are not required to test their home for radon before selling. But if you’ve already tested and you know the results, you’re better off disclosing that information upfront.

Property Tax Disclosure

This one catches sellers off guard because it’s not about the physical condition of the home. Under Section 689.261, Florida Statutes, every residential sales contract must include a property tax disclosure statement. The key message it communicates to the buyer is this: do not rely on the seller’s current property tax bill as an estimate of what you will pay.

When a property changes ownership in Florida, it triggers a reassessment by the county property appraiser. If the seller had a homestead exemption (and most owner-occupants in Florida do), the property likely benefited from the Save Our Homes assessment cap, which limits annual assessed value increases to 3%. When the home sells, that cap is removed, and the property is reassessed at full market value. For buyers, this can mean a property tax bill that is significantly higher than what the seller was paying.

This is especially relevant for buyers relocating to Southwest Florida from states with very different property tax structures. I see this conversation play out regularly with buyers moving from the Northeast, Midwest, and even from other parts of Florida. The current owner might be paying $3,500 per year in property taxes, while the new buyer’s bill could be $7,000 or more on the same home.

This disclosure is built into the contract language, but I always recommend sellers mention it proactively during the listing process so there are no surprises during negotiation.

Coastal Property Disclosures

If your property is located partially or completely seaward of the Coastal Construction Control Line (CCCL), Florida Statute 161.57 requires an additional written disclosure. This disclosure informs the buyer that the property may be subject to coastal erosion, that construction regulations may apply, and that there are protections in place for marine turtles that could affect what you can do on the property.

For sellers in waterfront areas of Burnt Store Isles, Englewood Beach, or other Gulf-adjacent areas, this is a disclosure your agent should be including as part of the listing process.

HOA and Condo Association Disclosures

If your property is part of a homeowners’ association, Florida Statute 720.401 requires the seller to provide specific HOA documents to the buyer. This typically includes the governing documents, financial statements, rules and regulations, and information about fees and special assessments. The buyer then has a defined period to review these documents and can cancel the contract if they choose.

For sellers in master-planned communities across our market, including neighborhoods in Wellen Park and Heritage Landing, making sure you have current HOA documents ready before listing saves time and avoids delays during the contract period.

The Florida Realtors also released an updated HOA Addendum (CRSP16x_J) in early 2025, which streamlined the language around HOA disclosures. If your agent is using the current contract forms, this should be built in.

Lead-Based Paint (Pre-1978 Homes)

This is a federal requirement, not specific to Florida. For any home built before 1978, the seller must disclose the known presence of lead-based paint or lead-based paint hazards. The seller must also provide the buyer with the EPA pamphlet Protect Your Family from Lead in Your Home and give the buyer a 10-day window to conduct a lead paint inspection or risk assessment.

Most homes in Southwest Florida were built well after 1978, so this doesn’t come up as often in our market. But if you’re selling an older property, this is a federal obligation that applies regardless of state law.

What You Are Not Required to Disclose

The law does protect sellers from having to disclose certain categories of information. Under Florida Statute 689.25, you are not required to disclose:

That a homicide, suicide, or death occurred on the property
That a previous occupant was infected with HIV or diagnosed with AIDS

Additionally, Florida courts have generally held that sellers are not required to disclose conditions on adjacent or neighboring properties. If the house next door has barking dogs or a neglected yard, that’s not something you need to put on the disclosure form. Conditions that are discoverable through public records searches, such as nearby construction projects, zoning changes, or traffic patterns, are also generally outside the seller’s disclosure obligation.

One important boundary: you are only required to disclose what you actually know. Florida law does not impose a duty to investigate. You’re not expected to hire your own inspector, run tests on every system, or research the property’s entire history. The standard is actual knowledge, not what you “should have known.”

That said, courts have recognized the concept of “willful blindness.” If obvious warning signs are present, like recurring water stains, a musty smell suggesting mold, or cracks that suggest foundation movement, and you deliberately avoid investigating, that may not protect you. A reasonable person would have noticed, and a court may hold you accountable for what you chose not to see.

Practical Tips for Completing Your Seller Disclosure

After walking hundreds of sellers through this process, here are the things I emphasize every time:

1. Be honest, but don’t over-disclose. You’re required to disclose what you know. You’re not required to speculate about things you’re unsure of. If you don’t know the answer to a question on the form, check “unknown.” That’s a perfectly valid and legally appropriate response.

2. Disclose in writing. Always. Florida law allows verbal disclosure, but written disclosure is always better. If a dispute arises months or years later, your signed disclosure form is tangible evidence that you acted in good faith. A verbal conversation is nearly impossible to prove.

3. Complete the form before going on the market. Don’t wait until you have an accepted offer. Having your disclosure ready from day one lets your agent share it with prospective buyers upfront. This reduces the chance of a deal falling apart after contract because a buyer sees something on the disclosure they weren’t expecting.

4. Consider a pre-listing inspection. I recommend this to most of my sellers, and here’s why: a pre-listing inspection puts you in control. You find out what the issues are on your timeline. You decide what to fix, what to price around, and what to disclose. When the buyer’s inspector finds something, you’re already prepared. It also gives you a documented paper trail showing what you knew and when, which is meaningful legal protection.

5. Update your disclosure if something changes. Your obligation to disclose doesn’t end when you sign the form. If you discover a new issue after listing, like a plumbing failure, a new roof leak, or water intrusion during a storm, you must update the disclosure and notify the buyer in writing.

6. When in doubt, talk to an attorney. Complex situations, like past sinkhole remediation, unresolved code enforcement actions, undisclosed permits, or environmental concerns, deserve professional legal guidance. The cost of an hour with a real estate attorney is nothing compared to the cost of a disclosure lawsuit after closing.

Why This Matters for Sellers in Southwest Florida Right Now

We’re in a market where buyers are more informed, more cautious, and more willing to walk away from a deal if something doesn’t feel right. Insurance costs, flood zone concerns, and property condition are all factors that are front and center in every transaction I work on in Sarasota County and Charlotte County.

Sellers who approach disclosure proactively, who complete the forms thoroughly, address known issues before listing, and work with professionals who understand the legal landscape, consistently have smoother transactions and better outcomes. The deals that blow up are almost always the ones where a seller tried to minimize, avoid, or hide something that eventually came to light.

Transparency builds buyer confidence. Buyer confidence leads to stronger offers and fewer deal-killing surprises during due diligence. That’s not just good ethics. It’s a smart selling strategy.

Frequently Asked Questions

Is the Seller’s Property Disclosure form required by law in Florida?

Florida does not mandate a specific standardized form. However, the law does require sellers to disclose all known material facts that affect the property’s value and are not readily observable. The Florida Realtors SPDR form is the most widely used tool to meet this legal obligation, and it’s strongly recommended by most real estate professionals.

Do I have to disclose if someone died in the home?

No. Under Florida Statute 689.25, deaths on the property (including homicides, suicides, and natural deaths) are not considered material facts requiring disclosure. However, you cannot make false statements if a buyer asks directly.

What are the new flood disclosure requirements?

Under SB 948, effective October 1, 2025, sellers must complete a flood disclosure form disclosing any known flooding during their ownership, any flood-related insurance claims, and any assistance received from any source for flood damage (including FEMA). The form must be provided to the buyer at or before contract execution.

Can I be held liable even if I sold the property “as is”?

Yes. Selling “as is” does not eliminate your duty to disclose known material defects. Florida courts have consistently upheld this principle. The “as is” clause affects repair negotiations, not your disclosure obligations.

What if I fail to disclose something I knew about?

A buyer may pursue legal action including rescission of the sale, monetary damages, or fraud claims. Buyers generally have four years from discovery to file a claim. This is one reason why thorough written disclosure is so important.

Do I need to disclose past insurance claims?

Yes. The SPDR form asks about insurance claims, and the flood disclosure form specifically requires disclosure of flood-related insurance claims. Since insurance claim history is independently verifiable through CLUE reports, honest disclosure is both legally required and practically wise.

Ready to Sell? Let’s Talk About Your Disclosure Strategy

If you’re preparing to sell your home in North Port, Venice, Port Charlotte, Punta Gorda, Englewood, or anywhere in Southwest Florida, the disclosure process doesn’t have to feel overwhelming. With the right guidance, completing your disclosures thoroughly and accurately is one of the smartest things you can do to protect yourself and set up a successful sale.

I walk every seller through this process step by step. If you want to know what your home is worth in today’s market and how to prepare for a smooth listing, get a free home valuation here or reach out to me directly.

Cole Murray | Murray & Team | Keller Williams Island Life
13801 Tamiami Trl. Ste. A, North Port, FL 34286
(941) 256-6500 | [email protected]

“Disclosure isn’t about giving the buyer reasons to negotiate against you. It’s about eliminating the surprises that kill deals and create lawsuits. The sellers who disclose thoroughly are the sellers who close smoothly.”

Florida Seller’s Property Disclosure Form and What Should be Disclosed When Selling Your Home