Florida Seller Disclosure Requirements 2025: What You Must Reveal 

Florida, in the course of its evolution, has become a real estate market where the “Buyer Beware” practice is no longer.  

The sale of a house “As-Is” is legal, but at times it is not even possible to sell with “As-Lies.”  

The landmark case Johnson v. Davis, decided almost 40 years ago, altered the legal landscape in Florida and its principal real estate rule from “Caveat Emptor” to “Duty to Disclose.”  

Such principles require sellers to disclose any imperceptible defects that have a significant impact on the property’s value.  

When the roof is leaking or the foundation is cracking on the property, the seller cannot remain silent any longer.  

In 2026, transparency will be absolutely necessary. This manual is a comprehensive buyer’s guide to the modern seller. 

It features the Flood Disclosure Laws of 2025, which require disclosure of a property’s water-damage history, among other things.  

Moreover, we examine the mandatory Condo Safety reports (SIRS) that must be provided for older buildings.  

In addition, we guide you through the standard seller disclosure requirements Florida designed to keep you legally safe. Honesty is not only a good practice but also a pure and simple fact that it is the law. 

The Golden Rule: Johnson V. Davis Explained 

The historic 1985 Florida Supreme Court decision, Johnson v. Davis, set a pivotal “Golden Rule” for real estate transactions: being truthful is a necessity.  

The ruling significantly affected the entire process of transferring land and property ownership in the state.  

The court’s decision required sellers to disclose specific property characteristics. These characteristics had to pass a two-part test:  

Material  

The matter should have a major impact on the property’s value. Cases in point would be a constant roof leak, sinkhole activity that occurred before, or faulty electrical wiring.  

It is a flaw that a rational buyer would find important in deciding whether to buy the house.  

Latent 

The issue should be “latent,” meaning it is not particularly visible, and the buyer would not be able to find it through a thorough inspection.  

It is a secret, poor quality that the buyer could not easily be aware of.  

Think of it as a simple test: If you are aware of the roof leaking, but the impairment is behind a wall, and the potential buyer cannot witness it during the walkthrough, you are lawfully obligated to make that fact known. You cannot cover it up with paint or fresh drywall.  

The Johnson v. Davis disclosure rule comes under the seller disclosure requirements Florida. This does not let sellers get away with the “buyer beware” caveat for concealed problems.  

This ensures that all property sales in Florida are conducted with the same level of fairness and openness. 

The New Mandatory Flood Disclosure (Statute 689.302)  

Starting from 2026, a mere clause tucked away in a real estate contract will not be enough in the Florida Statutes.  

Here, sellers, in accordance with Florida Statute 689.302, need to present a Standalone Flood Disclosure Form either before or at the time of contract signing. This is another major seller disclosure requirements Florida.  

This document, separate from the contract, serves as a clear warning to buyers that the standard homeowner’s insurance policy does not cover flood damage.  

The scope of the disclosure was greatly increased as of October 1, 2025. Sellers are now legally obligated to disclose: 

Known Damage: Any knowledge of flooding that occurred during their ownership and that resulted in damage to the property, even if no insurance claim was filed.  

Insurance Claims: Whether they have ever filed a claim with any compensation provider, including the National Flood Insurance Program, for flood damage.  

Disaster Assistance: Whether they have received any flood-related assistance from FEMA or any other federal, state, or private source.  

The statute uses a broad definition of “flooding,” aiming to protect buyers from storms and other water-related issues.  

It epitomizes the overflow of tidal or river waters, the rapid increase in runoff or surface water in inland areas, and prolonged standing water due to heavy rains. 

The “Condo Safety” Disclosures (Milestone & SIRS)  

When selling a Florida condo in 2026, there is concern about total transparency regarding the building’s condition and seller disclosure requirements Florida.  

Florida Statute 718.503 requires the sellers of units in such high-rise buildings to present certain safety and financial documents. You are legally bound to submit the following:  

Milestone Inspection Report: A licensed architect or an engineer conducts a certified structural safety check.  

Structural Integrity Reserve Study (SIRS): The report that reviews the critical structural components’ remaining life and the association’s funds for future repairs.  

For associations that existed before July 1, 2022, the initial SIRS must be completed by December 31, 2025, at the latest. If the report is unavailable, the buyer receives a conspicuous written notice.  

The Risk: Not providing these official documents or failing to stipulate the consequences of non-completion is tantamount to committing a major legal blunder.  

It renders the contract voidable at the buyer’s discretion at any moment before the closing. Furthermore, new buyers get a seven-day cancellation period upon receipt of the governance documents. 

Standard Material Defects You Must Disclose  

In 2026, sellers in Florida still required by law to disclose any concealed problems that affect the house’s value.  

Failing to disclose significant defects in Florida real estate can result in costly lawsuits and canceled agreements.  

Openness is the means of preventing the loss of equity and reputational damage.  

Termites & Wood Destroying Organisms (WDO)  

Is the seller in Florida obliged to admit to a prior termite infestation on the property? Certainly. The seller must inform even more than that, just about the active swarming.  

They should disclose the entire known history of infestation on the property. This history includes prior damage as well, and the only difference is that it was repaired.  

Further, any former treatments or active subterranean termite bonds should also be disclosed. The buyers are entitled to know that ants have never disturbed the structural integrity.  

Code Violations & Unpermitted Work  

It is a common belief among homeowners that the old projects are “grandfathered in.” This is a very dangerous misconception. Open permits and code violations do not just vanish with time.  

One needs to have municipal permission before carrying out any job. Common cases include turning garages into living spaces, making basements livable, or doing electrical work.  

If the buyer learns of unpermitted work after closing, the seller could be responsible for the cost of bringing the building up to 2026 standards.  

Radon Gas & Lead-Based Paint  

Some particular health risks are mandatory warnings by law. Radon Gas is required for every residential contract.  

It receives a specific statutory warning under Florida Statute 404.056 for the seller disclosure requirements in Florida.  

This notification explains the naturally occurring radon risks in Florida soils. Lead-Based Paint: This federal requirement remains valid.  

If your house is older than 1978, you have to be given a Lead-Based Paint Disclosure and a federally approved pamphlet.  

Additionally, the buyer must be allowed to conduct a lead inspection within 10 days if they wish. 

Seller Disclosure Requirements Florida: What You Do Not Have To Disclose (The Exceptions) 

In 2026, Florida law remains clear on what does not qualify as a material defect. You are legally protected from disclosing stigmatized events that do not affect the home’s physical structure. 

Stigmatized Property 

Is a haunted house a material fact in Florida? No.  

The Florida Statute 689.25 designates the occurrence of a homicide, suicide, or death in a property as a non-material fact.  

They refer to such occurrences as being psychological rather than physical defects.   

Privacy Laws  

Disease status is strictly applied in real estate transactions. You cannot be obliged by law to reveal that an HIV/AIDS patient was a previous tenant in the house.  

Furnishing this information could, in fact, be a violation of fair housing and privacy statutes. Simply put, please keep the health history of past residents to yourself. 

The “As-Is” Contract Myth 

Many Florida sellers fall for a dangerous misconception. Further, selling a home “As-Is” removes the need for a disclosure form.  

But, this is false! 

In 2026, the “As-Is” clause only means you refuse to pay for repairs or credits. It does not grant you the right to remain silent about known problems.  

The truth is that your legal duty to reveal material defects remains absolute. Under the Johnson v. Davis ruling, you must disclose hidden issues even with an “As-Is” contract.  

Using the standard Florida Realtors Property Disclosure Form is the best way to prevent future lawsuits. Honesty protects your bank account long after the sale is final.  

Legal Consequences Of Hiding Defects 

In 2026, the penalties for non-disclosure in Florida are severe. Hiding a known material defeat leads to fraudulent misinterpretation. If caught, the buyers can sue you for the full cost of repairs.  

Moreover, they may recover their legal fees and punitive damages.  

The most extreme consequences are rescission. A court can effectively undo the entire sale years after the closing date. This further forces you to buy the house back at the original price.  

You may also be liable for the buyers’ closing costs and moving expenses. Courts are increasingly strict about compliance with the 2025 Flood Laws and Condo Safety Mandates.  

The financial ruin is a high price for silence. So, always disclose defects to ensure your sale is final and legally sound.  

Expert Tips To Protect Yourself 

2026’s legal maze can be traversed, but only with exactness. Stick to these ten tips and enjoy a hassle-free closing while also protecting your liability. 

1. Employ The “Unknown” Checkbox With Care 

On the disclosure form, do not tick “No” unless you are absolutely sure. If you doubt whether the roof was changed in 2010 or 2011, mark it “Unknown.”  

This selection is your legal armor. It keeps a buyer from alleging that you deliberately lied if, after some time, the records side with you. 

2. The “Ghost” Leak 

Do not hesitate to mention even a roof leak that was repaired five years ago. Label it as “Past Leak – Repaired.”  

This honesty shows your transparency. Moreover, it stops the neighbors from warning the buyer, “That roof was always leaking,” which can lead to a post-closing lawsuit. 

3. Surpass The “Visual” Test 

If the defect is very noticeable, for example, a large hole in the drywall, the Johnson v. Davis rule might not apply, but do not take the risk.  

Go ahead and report the defect. Total disclosure is always the safest legal strategy. 

4. Present The Invoices 

Whenever you declare a repair like “New AC 2023”, along with the invoice and warranty, as well. It is like turning a potential “red flag” into a “selling point.” It instills the buyer’s confidence in the quality of the work. 

5. Disclose HOA Litigation 

If your Homeowners Association or Condo Board is in a lawsuit, you have to disclose it. Buyers often cannot get a traditional mortgage when there is pending litigation.  

Covering this up will most likely lead to the deal collapsing during underwriting. 

6. Don’t DIY The Form 

Do not even think of writing the disclosure on a napkin or a piece of blank paper. Use the official Florida Realtors Florida seller property disclosure form 2025 instead.  

The attorneys have sanctioned these forms to comply with all the 2026 statutory requirements. 

7. Avoid The “Generic” Answer Trap 

Ambiguous responses give rise to doubts. Do not simply note “Plumbing issues.” Rather, be clear:  

“Master bath sink drains slowly.” Accurate descriptions stop the buyer from picturing far bigger, and thus more costly, problems. 

8. Update The Form Regularly 

You are bound to disclose your information until the time of closing. For instance, if the water heater breaks while the house is under contract, you must amend the disclosure immediately. Failing to update the buyer is a breach of the contract. 

9. Keep A Copy For 7 Years 

File a copy of the signed disclosure in your cloud storage for at least seven years. If a buyer tries to sue you after some time, this document will be your strongest evidence of defense. 

10. Understand Radon Requirements 

Testing radon gas is not a legal requirement for you. The only thing you need to do is to provide the legal warning that radon may be present.  

The standard Florida disclosure form suffices as proof under Statute 404.056. 

Conclusion: When In Doubt, Disclose 

In 2026, honesty is one of your greatest assets. Over-disclosing can help you protect your future, whereas under-disclosing can bankrupt you. Transparency is your best insurance policy against lawsuits and rescinded contracts.  

So, what is the next step? Just walk through your house with a notepad today. Write down every repair you have completed in the last five years.  

This includes every minor leak or replaced appliance. Furthermore, you can hand that list to your agent and say, “Let’s attacht this to the disclosure.”  

This simple act can make you a trustworthy seller. Moreover, it can ensure that your sale remains final and legally secure.  

You can even download the 2026 Florida Seller’s Disclosure Checklist for more updates and informations.