Florida Seller’s Disclosure Statement

Florida real estate laws require home sellers to disclose certain things when selling their homes. Further, these disclosures vary according to your area & type of property. Hence, it’s important to know which disclosures you must provide when selling a house in Florida.

» Selling My House Florida: Know the process to sell your home in the Sunshine State.

What Is A Seller’s Disclosure?

The Florida property disclosure form is a standard checklist form containing material defects and features of the property. The form provides information about the property that may negatively affect the value of the house.

📝 Editor’s Note: If there are material defects in a property that may impact the value of the property and the seller is aware of them, the seller must disclose them.

However, sellers should report these defects to the best of their knowledge and understanding. You shall disclose any known information about your Florida house from pest infestation to pending legal issues. This will help you avoid future disputes.

Previously, the Florida disclosure laws did not make it mandatory to submit a seller’s property disclosure form.

However, the Florida Supreme Court case of Johnson v. Davis (1985) set a precedent for all home sellers to disclose any material defects about their house, which are not easily observable but affect the market value of the property.

Usually, the Florida real estate disclosure form is completed along with the listing agreement or while listing your home on the MLS.

» Selling a Home As Is In Florida: Here is Houzeo’s guide on how to sell your home as-is in Florida.

Importance Of Seller’s Disclosure

Sellers’ disclosures serve the following purpose in real estate transactions:

🎯 Meeting your disclosure requirements is simple with Houzeo.




Houzeo offers the best possible alternatives for you to deal with disclosures.

💲 List your property with Houzeo’s Bronze,Silver, Gold or Platinum Plan

💲 Purchase the “Contract to Close Upgrade Package” to have a licensed broker review your paperwork and make sure it is appropriate.

In addition, you should also have the settlement agent review the paperwork so you cover all bases.



≫ START YOUR LISTING: List your home with Houzeo and save thousands!

*Houzeo is not a brokerage or a licensed agent, but rather a tech platform for FSBO home sellers. Hence, the information offered here serves to educate you rather than advise you. Please hire the services of a licensed professional for legal advice.

» Need To Sell My House in Florida Fast: Read our blog if you’re in dire need to sell your house fast in Florida.

What Does A Seller Have To Disclose In Florida?

Sellers must fill out a form called ‘Seller’s Property Condition Disclosure Statement’ prescribed by The Florida Association of Realtors. This form covers all the basic points to be disclosed.

Here’s a section-wise summary of all the information which goes into the disclosure:

Standard Property Condition Disclosure Statement

Click on the image below to access Florida disclosure form PDF.

Additional Sellers Disclosure Forms In Florida

Apart from the seller’s property disclosure form Florida, there are other disclosures as well which have been mandated federally or which are to be provided only in certain areas. You need to check which ones are necessary for your area.

1] Lead Paint Disclosure Florida

The Residential Lead-Based Paint Hazard Reduction Act passed in 1992 requires the disclosure of any lead-based paint or chipped paint in any housing built before 1978.

It’s mandatory for sellers under federal law to comply with lead-based paint disclosure, as the presence of any lead-based paint or chipped paint on the property may bring health concerns.

The seller may offer 10 days to the buyer to complete a paint inspection or risk assessment for lead-based paint or lead-based hazards.

2] Condominium Disclosure Statement Florida

The rules regarding Condo Disclosure Statement are prescribed under Florida seller disclosure laws. They mandate a seller to disclose a copy of the declaration of the condominium, its articles of incorporation, by-laws, rules, financial information, etc.

Subsequently. the seller shall also provide a copy of the ‘Governance Form’. The form includes information regarding the working, responsibilities, and day-to-day affairs of the Association.

The following image will take you to the Disclosure Form:

3] Home Owner’s Association Disclosure Statement

Similar to the Condo Disclosure, a seller needs to disclose to the buyer if they are a member of the HOA to the buyer. This rule is prescribed under Florida Statutes §720.401.

4] Florida Radon Gas Disclosure

Florida radon gas disclosure mandates all sellers to provide a notice to warn the buyers regarding the hazardous effects of exposure to harmful radiation.

The Florida radon gas disclosure form must contain the following statement:

“RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Additionally, levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.”

5] Coastal Properties Disclosure Statement

Any seller whose property is located partially or completely seaward of the coastal construction line needs to disclose any federal, state, or local regulations which govern such property.

Further, disclosures related to coastal erosion, beach nourishment, and protection of marine turtles are to be given in writing to the buyer under sellers disclosure Florida laws.

Clicking on the following image will redirect you to the above disclosure form:

6] Property Tax Disclosure

Florida Statutes §689.261 declares that the transfer of ownership does not indicate that the buyer would pay the same amount of taxes that the seller previously paid.

It states that taxs may be subject to reassessment after change in ownership, and could come out more than the current assessments.

A seller is to give a disclaimer regarding to changes in tax rate either in the sale contract or on a separate disclosure document.

7] Seller Non-Occupancy Disclosure Florida

It may as well happen that sellers have never resided in the property they are selling. In that case, sellers are required to submit a written non-occupancy disclosure.

This disclosure basically states that the seller is not aware of the material condition of the property, as they never resided in it. This in turn transfers the liability to inspect on the buyer.

What Do Sellers Not Have To Disclose In Florida?

Under the Florida Statutes §689.25, certain things do not come under the ambit of ‘material facts’. Hence, failure to disclose these facts does not attract any legal consequences. These facts are-

• Whether any previous occupant was suffering from HIV AIDS;
• Whether a suicide, homicide, or death has occurred on the property in the past.

» How to Sell Your Own House in Florida: Are you considering selling your house without a realtor? Here are our tips for a smooth selling process.

Penalty for Lying on Seller’s Disclosure Florida

Although a seller is supposed to reveal all material facts that affect the property’s market value, these facts should also be the ones a seller knows about.

There are some actions that a buyer may take if the seller lied on the disclosure statement in Florida:

Mediation

A mediator may be appointed to settle any disputes between the buyer and seller, if your contract contains a mediation clause. The mediator provides solutions to settle the matter amicably. They can also give suggestions as to how the damages are to be paid between both parties.

Fraud Lawsuit

If a buyer wishes to file a case of fraud, they shall prove all of the following things: – The seller had prior knowledge about the defect. – It was a material defect affecting the market value of the property. – Defect was not easily detectable or known to the buyer. – Seller’s failure to disclose the defect 📝 Note: Not every disclosure that a seller fails to make would make up for a fraud claim. A lawsuit for fraud is only brought against failure to disclose any material defects.

Although lying on Florida real estate disclosure form is an illegal act, the law also protects you in case the defect was not obvious or was not detected during the home inspection process.

In the case of Jensen v. Bailey (2011), the Florida Court declared that where a defect was not known to the seller at the time of sale, and which was not reasonably visible, did not give rise to a cause of action. It means, that if the seller was unaware of the defect under reasonable circumstances, he/she/they cannot be held liable for it.

» Best Time To Sell A House in Florida – Find out the best time to sell your property in the Sunshine City.

Most Common Mistakes By FSBO Home Sellers In Disclosures

The main object of disclosures is to give clarity and perspective to a buyer. A seller’s disclosure statement gives prospective buyers an idea of the property’s physical condition before they purchase it.

Here’s some mistakes you should absolutely avoid:

👉 Failing to Submit Disclosures

It is ideal for sellers to complete all disclosure formalities even if your state laws do not mandate it.

Skipping on providing disclosures can attract lawsuits in the future if any material defects are found. If you disclose any defects early on, the buyer may not be able to file a lawsuit against those defects in the future.

👉 Lying in Seller’s Disclosure Statement

Lying is the biggest mistake you can make on seller disclosures.

Making false claims or failing to disclose material defects can lead to a fraud lawsuit against you in the future.

In some cases, you may have to take back your house and pay the buyer back all the costs incurred in the transaction. This could happen in cases where the severity of the defect makes it impossible for the buyer to keep the house.

👉 Not Providing Disclosures in Time

A real estate agent will usually provide you with the disclosure statement required in your locality. They also verify and submit it to buyers within the time before closing.

However, as an FSBO home seller, you are required to do this process yourself. If defects are not disclosed in a timely manner, a buyer may withdraw from the agreement before closing. Therefore, make sure to do it within time.

✍️ Pro Tip: Sellers who are selling their house the FSBO way are advised to keep their Disclosure Statement ready before listing on the MLS. It increases your credibility and reliability, as prospective buyers get an idea of the property’s condition early on.

» How To List On MLS: Learn how you can list your house on the MLS without a Realtor.

Tips To Minimize Problems In Disclosures

Review And Verify	There’s a time allowance (some permit 10 days) to review and verify everything about your Purchase and Sales Agreement—also the square footage, home usage, and marketing.
Ask Questions	Ask questions when in doubt. This would help you in avoiding future troubles.
Hire A Professional Inspector	A professional inspector can help you gather backup information about the property’s condition. You can also opt for a pre-inspection before listing. » Florida Home Inspector – Find out the best home inspectors in Florida.
Disclose Everything	To avoid problems in your home disclosure statement disclose everything you know honestly. Even though it’s a minor issue, you must disclose it.
Get A Licensed Agent Involved	The best way to avoid disclosure issues is to get licensed real estate agents in FL. Agents can help you manage and assist you in the process along the way.

✍️ Pro Tip: List Your Property With Houzeo

The best way to minimize problems in your seller’s disclosure is to Purchase Houzeo’s “Contract to Close Upgrade Package”. A licensed broker will review your paperwork to make sure it’s perfect. Plus, you can have a settlement agent review your paperwork, so that you cover all bases.



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Final Word: Are Florida Seller Disclosure Laws Complex?

Level of Complexity	Average
Is Florida a Caveat Emptor State? *	No
Is Florida a Non-Disclosure State? **	No

*Caveat Emptor Rule means that it is the buyer’s responsibility to find out if there are major or minor defects with the property. And if he/she does not perform the necessary due diligence to inspect, it’s entirely not the seller’s liability if the property does not meet the expectation.

**In a non-disclosure state, the selling price of a house is not available to the masses on an open source.

So, how difficult is it for you to deal with sellers’ disclosure in Florida?

Florida real estate seller disclosure requirements are a little complicated. Selling your house FSBO entails that you’ll have to deal with disclosures on your own. This demands for you to be aware of all the disclosure requirements and any mistake can cost you dearly.

✍️ Editor’s Note: Though selling your home yourself on a For Sale By Owner website can save you thousands in commission, we highly recommend you add a Flat Fee MLS listing to your marketing strategy. Check out the best Flat Fee Listing Florida

» Florida MLS Flat Fee – Discover The Best Flat Fee MLS Service in Florida

Dealing with seller disclosures in Florida comes with its own set of challenges and can lawsuits in the future if not dealt with properly. This is where Houzeo can help you.

By listing your property with Houzeo, you get access to all forms in electronic format. And that too, for FREE! Houzeo has segregated all the disclosures state-wise so that you don’t have to hunt for Florida seller disclosures separately.

Check out some of the Houzeo Offers and how it has helped customers around the US.

Frequently Asked Questions

Eager to Know How Houzeo Works?

We’ve got you covered. Check out the following video to understand how Houzeo works and why it is one of the best For Sale By Owner websites in the U.S.

Also Read:

• Cash Buyers For Home in Florida – Find out the companies in Florida that buy homes for cash.
• Staging Your Home to Sell –  Read our blog to know helpful tricks to make your house attractive to buyers.
• Average Closing Costs Florida – Find out how much are closing costs in Florida.
• Who Pays Closing Costs Buyer or Seller in Florida – Buyer or Seller? Read more to know who generally pays the closing cost in Florida.
• What Is Title Insurance in Florida – What exactly is title insurance? Let’s find out!
• Largest Real Estate Companies in Florida – Here’s our compiled list of the top 10 real estate companies in Florida.

For FL Seller –

• Sellers Closing Costs Florida – Find out the seller’s closing costs obligations in Florida.
• Home Sale Proceeds Calculator Florida –  Here’s Houzeo’s closing cost calculator for the seller.

For FL Buyer-

• Closing Cost in Florida for Buyer – Find out the buyer’s closing costs obligations in Florida.
• Florida Home Buyer Closing Costs Calculator – Here’s Houzeo’s closing cost calculator for the buyer.

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