Seller’s Disclosure Florida: What to Disclose, Exemptions, and Penalties 🚩

✏️ Editor’s Note: Realtor Associations, agents, and MLS’ have started implementing changes related to the NAR’s $418 million settlement. While home-sellers will likely save thousands in commission, compliance and litigation risks have significantly increased for sellers throughout the nation. Learn how NAR’s settlement affects home sellers.

95% of homebuyers discover issues with their properties after the closing process. 60% of sellers do not disclose defects in their homes to potential buyers. Hiding defects whether intentionally or not can lead to potential lawsuits in Florida.

A seller disclosure is a document that informs the buyer about defects in a house. So you must fill this document accurately and honestly. It helps with offering legal protection, enhancing credibility, and reducing complications during the home inspection process.

If you wish to sell your home in the Sunshine State, enlist the help of a Flat Fee MLS service like Houzeo. The home search app will help list your home on the MLS in 24–48 hours. Houzeo automatically assigns the right disclosure paperwork which makes the selling process hassle-free.

Is Seller’s Disclosure Required in Florida?

Florida Association of Realtors (FAR)

What Is a Seller’s Disclosure?

A seller’s disclosure is a legal document that homeowners must give to potential buyers. It contains information about the property’s condition, history, and any known issues that could impact its value or safety.

Moreover, seller disclosure ensures transparency in real estate transactions. It also helps to minimize legal risks and attract serious buyers. Overall, It makes the selling process smoother.

👉 List Your Florida Home for Sale: Start your home selling journey with a budget-friendly MLS plan!

What Must Floridians Have to Disclose When Selling Their House?

The Seller’s Property Condition Disclosure Statement form discloses all the basic points.

Structure & Appliances: This section details any leakage problems in the structure of your home. You have to mention whether your property’s HVAC, electrical, mechanical, sprinkler, or plumbing systems are up to date.
Pesticide: You must disclose the presence of termites, fungi, or pest infestations and whether they have caused any structural damage. You should also inform if you have carried out any pest control treatments in the past.
Drainage & Flooding: You have to provide information about any previously claimed insurance for flood damage. Homes located in high-risk flood zone areas with mortgages are required to have flood insurance.
Plumbing: You need to disclose the source of potable water in the house. It includes treatment systems, septic tank status, and plumbing issues. Additionally, unused wells or tanks on the property are also included.
Pools, Hot Tubs, & Spa: Specify safety features like enclosures, barriers, covers, etc., for pools, hot tubs, or spas built on your property after October 2000.
Sinkholes: State laws in Florida mandate the disclosure of the existence of any sinkholes on the property. You must also mention whether you have any insurance against sinkholes or if you have raised a claim in the past.
HOA Restrictions & Boundaries: Florida law mandates HOA membership for houses. You need to disclose fees, resale, and leasing restrictions, specify property features, and address boundary disputes, encroachments, and easements.
Environmental Hazard: You have to reveal any hazards related to lead-based paint, asbestos, mold, radon gas, chemical storage tanks, etc. You also have to mention past damage or repairs, mangroves, and sensitive areas.
Government Restrictions: You must disclose if your property violates any government-prescribed rules. Violations include zoning issues, construction breaches, restrictions on additions, unrecorded liens, safety codes, etc.

What Do Sellers Not Have to Disclose?

The following is the information you are not required to disclose as part of Florida’s Seller Disclosure Requirements:

Suicide or death due to natural or accidental causes unrelated to the property’s condition
A sex offender living nearby
Haunted property
Anyone who lived on the property who has AIDS or HIV

Penalty for Forgetting to Mention Facts in the Seller’s Discloser Form

In the U.S., omitting facts in a seller disclosure form can lead to fraud liability and penalties. Real estate agents’ insurance may cover some costs, but buyer remedies involve rescission or pursuing damages. Criminal charges are rare but possible in extreme cases.

It would help if you adopted a proactive strategy to avoid legal issues in Florida real estate. This involves disclosing all material property facts accurately. You can also seek guidance from a real estate attorney for expert assistance.

Consequences of Lying on Florida Seller’s Disclosure

You will face severe consequences if you lie on the Seller’s Disclosure Florida Notice. Buyers receive accurate information about the property’s condition through this legal document.

If you state false or misleading information on the disclosure, you may face legal action by the buyer, who could seek damages for undisclosed defects.

You may face civil penalties, including fines if you fail to disclose known defects. Furthermore, negligent misrepresentation or fraud claims may hold you liable.

Tips to Minimize Issues in Florida Seller’s Disclosure Form

Here are the tips to save you from any legal issues:

Complete a Pre-Sale Inspection: Conduct a pre-sale home inspection before you sell your home. It will help you to identify and address issues. This also helps build trust with potential buyers.

Review the Sales Contract Carefully: Check provisions about seller disclosure in your contract. However, failure to disclose can lead to legal issues. It can also cause the sale to collapse.

Document Everything: Keep records of any repairs, renovations, or maintenance done on the property. Moreover, this paperwork is proof that you’ve dealt with known issues.

Disclose Everything: To avoid problems in your home disclosure statement, you should disclose everything. Also, a minor issue could turn out to be important.

Consult with Professionals: If you’re unsure about what needs to be disclosed, seek help from real estate attorneys. They are familiar with local laws and practices and can help you handle any issue.

Bottom Line

Transparency is key when filling out Florida seller disclosure documents. It requires you to reveal known material defects in a property. However, providing false information on the form may lead to legal repercussions.

You can access all the seller disclosure forms on Houzeo. The platform has segregated all the disclosures state-wise, so you don’t have to hunt for Florida seller disclosures separately.

» Houzeo Review: Find out why Houzeo is one of the best FSBO websites in the US.

Subscribe to our newsletter for vital updates on Florida property disclosure laws.

Frequently Asked Questions

Are sellers disclosure required in Florida?

Yes, sellers in Florida are required to provide a seller's disclosure form, revealing known material defects in residential properties.

Do you have to disclose a death in a house in Florida?

No. Florida law does not mandate disclosing previous death, homicide, or suicide on the property.

How to fill out a Florida sellers disclosure?

Sellers need to fill out the seller's disclosure notice when selling their house in Florida. It has 9 sections through which sellers need to disclose facts and defects about the property. You need to check off all the questions and also fill a few sections of the form manually to provide additional details.

Related: FL residential property disclosure exemptions, seller disclosure Florida, under the Florida property disclosure act, who is exempt from disclosure, is a sellers disclosure required in FL, sellers disclosure Florida, seller’s non occupancy disclosure florida