28% of home buyers nationwide find hidden issues in properties after closing. A third of them blame sellers for not being upfront about them. The last thing you want is to be sued for undisclosed defects. A Florida seller’s disclosure form is your best defense.
Disclosure rules differ by state, and just one missed issue could cost you a fortune! Houzeo removes this risk by automatically selecting the right forms for your sale. You complete and sign everything online, in just a few simple steps.
What Is a Seller’s Property Disclosure in Florida?
A seller disclosure in Florida is a legal document that details your home’s condition and history. You need to disclose any known flaws that could affect your property’s value. So, if your property has a leaky roof or a termite infestation, you have to mention it in the form.
What Do You Have to Disclose When Selling a House in FL?
You must disclose any known defects, such as roof damage, water intrusion, or mold issues. Whether you’re selling a house by owner in Florida or with an agent, be upfront about these problems to avoid legal trouble:
1. Material Defects
- Structure and Appliances: Florida’s sultry heat can turn your appliances into troublemakers. So, if your HVAC system is on its last leg, be upfront about it.
- Drainage and Flooding: Florida flood disclosure laws require you to disclose past storm damage, including damage due to events like Hurricane Milton. Do not forget to mention the dates, especially in flood-prone areas like Miami or Tampa.
- Plumbing: Be upfront about your home’s water source and any issues with it. Disclose unused wells, tanks, or problems with your sprinkler or plumbing systems.
- Pools and Water Features: Florida real estate law mandates that all pools built after 2000 meet safety standards, including enclosures and barriers. Make sure your pool complies with the Residential Swimming Pool Safety Act.
2. Code Violations
- HOA Restrictions and Boundaries: The state law requires homeowners to be members of the HOA. So, you must disclose the HOA fees as well as resale and lease restrictions.
- Government Restrictions: Reveal any violations of zoning rules, construction breaches, safety codes, or restrictions on property additions. Also, disclose any unrecorded liens.
3. Environmental Hazards
- Health and Safety Risks: Florida radon gas disclosure laws require sellers to report known hazards like lead paint, asbestos, mold, and radon in a property. Failure to disclose these risks can lead to serious health consequences and legal liability.
- Infestations: Florida’s heat loves termites. If they’ve made a meal out of your home, spill the details.
- Sinkholes: Disclose any nearby sinkholes or areas that could swallow your house whole.
- Environmental Damage: If your property has seen storm damage or needed repairs, disclose it. And if you have mangroves or other sensitive areas, make sure to mention them too!
4. Federal Disclosure Requirements
Under the Florida Home Disclosure Act, you must disclose lead-based paint hazards if your house was built before 1978. The Lead-Based Paint Hazard Reduction Act of 1992 requires sellers to:
- Disclose any known lead-based paint on the property.
- Include the Lead Warning Statement in the contract.
- Provide an EPA-approved pamphlet on lead hazards.
What Can You Skip Under Florida Real Estate Disclosure Laws?
Florida laws on property don’t require you to include specific details in a realty disclosure statement, such as:
- Deaths or suicides on the property, as long as they don’t affect its condition.
- The presence of a registered sex offender in the area (buyers can check public databases).
- Any claims or beliefs that the property is haunted.
- Whether previous occupants had AIDS or HIV.
What Is the Penalty for an Incorrect FL Home Disclosure?
If you lie or withhold information on your Florida seller’s disclosure form, you could face severe penalties. These may include one or more of the following:
- Contract Rescission: The buyer can cancel the contract if any defect was intentionally or unknowingly undisclosed. They can also seek reimbursement for expenses already incurred.
- Fraud Charges: If you knowingly provide false information or omit material facts, you may be liable for civil fraud. You may have to pay hefty financial penalties, including compensatory and punitive damages.
- Legal Fees: Real estate disclosure laws hold sellers accountable if buyers win a lawsuit. You could owe both damages and the buyer’s legal fees, creating a heavy financial burden.
- Lawsuits for Damages: If you don’t disclose major defects, the buyer can sue you for repair costs. However, they must prove that you knew about the defect and deliberately withheld the information
How to Minimize Issues in the Florida Seller’s Disclosure Form?
To reduce issues with your seller disclosure in Florida, you must be thorough, accurate, and proactive. Here’s how:
- Complete a Pre-Sale Inspection: Get a home inspection and fix what you can. This reduces the number of defects you have to disclose.
- Consult with Professionals: If you’re unsure about the disclosure agreement, consult a real estate attorney in Florida. They can make your disclosure dilemma disappear.
- Keep All Repair Records: These act as supporting documents to your seller disclosures in real estate. They also prove that you have addressed any known issues.
- Review the Disclosure Carefully: You can compare your forms with the ones offered by top FSBO sites in Florida to make sure you didn’t forget anything important.
How Important Is the Seller’s Disclosure Statement in FL?
A seller disclosure in Florida is essential for maintaining clarity in your real estate sale. In Florida’s competitive market, buyers don’t hesitate to ditch properties with hidden flaws. If you’re upfront with disclosures, you ensure transparency and keep the deal moving forward.
Once your disclosures are ready, the next step is listing. With a Florida Flat Fee MLS listing service, you can get your home on the market quickly while saving thousands in agent fees.
