Key Takeaways

  • Florida does NOT require a standard seller's disclosure form—sellers must only disclose known latent defects
  • The Johnson v. Davis case established that sellers must disclose material facts known to them that affect value
  • Radon gas disclosure is required for all residential sales and rentals in Florida
  • Lead-based paint disclosure is required for homes built before 1978 (federal requirement)
  • Energy efficiency rating (HERS index) disclosure is not required but may be provided
Last updated: January 2026

Florida Disclosure Requirements

Florida's disclosure requirements differ from many other states. There is no standard seller's disclosure form required by law.

Seller's Disclosure Duty

No Standard Form Required

Unlike California and Texas, Florida does NOT require a seller's property condition disclosure form. However:

DutyRequirement
Latent defectsMust disclose known material defects
Material factsMust disclose facts affecting value
Caveat emptorModified by case law

Johnson v. Davis Case

The Johnson v. Davis case (1985) established:

Sellers must disclose to buyers facts materially affecting the value of the property which are:

  • Known to the seller
  • Not readily observable
  • Not known to the buyer

This modified the traditional "caveat emptor" (buyer beware) rule in Florida.

What Must Be Disclosed

Must DiscloseExamples
Latent defectsHidden water damage, termite damage
Material factsPrevious sinkholes, flooding
Known problemsRoof leaks, foundation issues
Legal issuesCode violations, pending litigation

What Need NOT Be Disclosed

Not RequiredNotes
Deaths on propertyNot required by Florida law
AIDS/HIV statusProhibited from disclosing
Stigmatized propertyHaunted houses, crimes
Neighborhood infoSex offenders (buyer can research)

Required Disclosures

Radon Gas Disclosure

Florida law requires radon gas disclosure for all residential sales AND rentals:

RequirementDetails
Who must discloseAll sellers and landlords
WhenBefore or at contract signing
ContentSpecific statutory language
Property typeAll residential

The required radon disclosure statement explains:

  • Radon is a natural radioactive gas
  • May be found in Florida buildings
  • Testing is recommended

Lead-Based Paint (Federal)

For homes built before 1978:

RequirementDetails
Disclosure formSeller's Lead Disclosure
EPA pamphlet"Protect Your Family From Lead"
Inspection period10 days to inspect (can be waived)
Seller knowledgeMust disclose known lead hazards

Property Tax Disclosure

Buyers must be informed that:

  • Property taxes may increase after purchase
  • Assessment caps ("Save Our Homes") don't transfer
  • New owner's taxes based on purchase price

HOA/Condo Disclosures

For properties in associations:

DocumentTiming
HOA disclosure summaryBefore contract
Condo documents3-day rescission right
Budget and reservesMust be provided
Rules and restrictionsAvailable for review

Broker's Disclosure Duty

Brokers must disclose:

Must DiscloseEven If
Known material factsSeller doesn't want to
Property defectsTold to keep quiet
Adverse conditionsIt might kill the deal
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Florida Disclosure Requirements
Test Your Knowledge

Does Florida require sellers to complete a standard property disclosure form?

A
B
C
D
Test Your Knowledge

Which disclosure is required for all residential sales and rentals in Florida?

A
B
C
D