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4 min read Jan 10, 2024

Sellers Disclosure Florida (2024 Updates)

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60% of sellers do not reveal defects in their homes to potential buyers. 95% of homebuyers discover issues with their new properties only after the closing process is complete. To prevent possible fraud, Florida has made seller disclosure mandatory. 

A seller disclosure is a document that informs the buyer about any material defects in a house. As a seller, you must fill this document accurately and honestly. If you hide defects knowingly or unknowingly, you might end up in lawsuits, lose money, and damage your reputation.

Real estate companies like Houzeo can assist you with disclosure forms. You’ll get federal and state disclosures, which makes the selling process hassle-free.

Is Seller’s Disclosure Required in Florida?

Yes, you must fill out the Seller’s Disclosure Notice provided by the Florida Association of Realtors (FAR). This standardized form discloses all material defects and the overall condition of your property to potential buyers.

What Does a Seller Have to Disclose in Florida?

All the basic points are disclosed in the Seller’s Property Condition Disclosure Statement form.

  • 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
  • sex offender living nearby
  • Haunted property
  • Anyone who lived on the property who has AIDS or HIV

Consequences of Lying on Florida Seller’s Disclosure

Florida Seller’s Disclosure Notice is a legally binding document. If you intentionally provide wrong information, it would mean that you deceived the buyer on purpose. 

If you fail to disclose known defects, you will be subject to civil penalties, including fines. Moreover, you may incur liability for negligent misrepresentation or face fraud claims.

Penalty for Forgetting to Mention Facts in the Seller 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.

You should adopt 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.

Bottom Line

Transparency is key when filling out 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.

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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.

Florida Seller Disclosure

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