Florida Real Estate Disclosure Requirements
Florida requires sellers to disclose property conditions.
Is Florida a Disclosure State?
YESFlorida requires disclosure of material facts affecting property value through case law (Johnson v. Davis), plus mandatory statutory disclosures for flood risk, radon, and sinkholes. A new flood disclosure law took effect October 1, 2024, with expanded requirements in 2025.
Property Condition Disclosure
RequiredOfficial Form:
Florida REALTORS® Seller's Property Disclosure (Residential)
While Florida doesn't have a single statutory disclosure form, case law (Johnson v. Davis) obligates sellers to disclose any known facts materially affecting property value that aren't readily observable. The Florida REALTORS® Seller's Property Disclosure form is commonly used and covers structural components, systems, legal issues, and property conditions. Even "as-is" sales require disclosure of known latent defects.
Environmental Hazards
RequiredFlorida requires disclosure of various environmental hazards. Sellers must provide a statutory radon gas disclosure statement before contract execution. The standard disclosure form asks about asbestos, defective drywall (Chinese drywall), lead-based paint, mold, and other toxic materials. Termite and wood-destroying organism infestations must also be disclosed.
Specific Hazards Covered:
Natural Hazards
RequiredAs of October 1, 2024, Florida requires a mandatory Flood Disclosure form (HB 1049). Sellers must disclose: (1) whether the property is in a flood zone, (2) any flood insurance claims filed, and (3) any federal disaster assistance received for flood damage. Sinkhole activity or repairs must also be disclosed under Florida Statute § 627.7073. The 2025 expansion requires disclosure of ALL flooding that damaged the property, not just insurance claims.
Specific Hazards Covered:
Key Points for Florida
- 1NEW LAW: Mandatory flood disclosure effective October 1, 2024 (HB 1049)
- 22025 EXPANSION: Must disclose all flooding damage, not just insurance claims
- 3Sinkhole disclosure is mandatory and Florida-specific (§ 627.7073)
- 4Radon gas statutory disclosure required before contract execution
- 5"As-is" sales do NOT exempt sellers from disclosing known material defects
- 6Johnson v. Davis case established duty to disclose material facts
- 7Real estate agents can be held liable for failing to disclose known flood risks
Timing Requirements
Flood disclosure must be provided at or before contract execution. Radon disclosure required before contract signing. Property condition disclosures should be provided as early as possible in the transaction.
Penalties for Non-Disclosure
Failure to disclose known defects may result in: rescission of the contract, monetary damages for repairs, punitive damages for willful non-disclosure, and professional discipline by FREC for real estate agents. Agents may also face personal liability for fraud or negligence.
Exemptions from Disclosure
The following transaction types may be exempt from disclosure requirements:
Official Florida Resources
Last updated: January 27, 2025