Florida Seller Disclosure Requirements | 11 Things You Are Legally Required to Tell Buyers

Most Florida sellers don't get sued over what they disclosed. They get sued over what they left out. Florida seller disclosure requirements come from a 1985 court ruling, a stack of state statutes, and one federal rule, and the flood rules changed again on October 1, 2025.

By the end of this guide, you'll know the 11 disclosures Florida law requires, what the standard seller disclosure form actually covers, and a simple process to get it right before you list.

This guide is general information, not legal advice. Have a Florida real estate attorney review your specific situation.

Does Florida Require a Seller Disclosure?

Yes. Florida has no single mandatory state form, but residential sellers must disclose every known fact that materially affects the home's value and isn't readily visible to the buyer. That duty comes from Johnson v. Davis (Fla. 1985). Several statutes then add specific written disclosures on top of it, listed below.

Most agents meet this duty with the Florida Realtors Seller's Property Disclosure form. It isn't required by statute, but it's the cleanest record that you told the buyer what you knew.

The 11 Florida Seller Disclosure Requirements

1. Known Hidden Defects

Under the Johnson v. Davis standard, three conditions trigger a duty: the issue materially affects value, you know about it, and the buyer can't easily see it. Think roof leaks, foundation cracks, past termite damage, or unpermitted additions. Selling "as is" does not cancel this duty.

2. Flooding, Flood Claims, and Flood Assistance

This is the big one for St. Petersburg sellers. Section 689.302 requires a separate flood disclosure at or before contract signing. Since October 1, 2025, sellers must also disclose any flood damage they know about during their ownership, not just insurance claims and federal aid.

So, do you have to disclose flooding in Florida? Yes, even if you never filed a claim.

3. Paid Sinkhole Claims

Under Section 627.7073, if you made a sinkhole claim and your insurer paid it, you must tell the buyer before closing. You must also say whether the full payout was used for repairs. A repaired sinkhole still gets disclosed.

4. Radon Gas Notice

Section 404.056(5) requires specific radon language at or before contract signing. It matters: the Florida Department of Health reports that one in five Florida homes tested has elevated radon.

5. Property Tax Disclosure

Section 689.261 requires a warning that the buyer shouldn't rely on your current tax bill. Your homestead cap disappears at sale, so a long-time owner's taxes can jump sharply for the next owner.

6. HOA Disclosure Summary

If membership is mandatory, Section 720.401 requires an HOA disclosure summary before the buyer signs. Miss it, and the buyer can cancel within three days of receiving it or before closing, whichever comes first.

7. Condominium Documents

For condo resales, Section 718.503 requires the buyer to receive the governing documents, budget, and financials. Post-Surfside, that now includes milestone inspection and structural integrity reserve study (SIRS) information where it exists. Buyers get a short window to cancel after receiving them.

8. Coastal Construction Control Line

Waterfront homes partly or fully seaward of the CCCL need a written notice under Section 161.57 about erosion risk and construction limits. Many Gulf beach and Pass-a-Grille properties fall here.

9. Lead-Based Paint (Pre-1978 Homes)

Federal law requires a lead paint disclosure, an EPA pamphlet, and a 10-day inspection opportunity for homes built before 1978. That covers a large share of Old Northeast and Historic Kenwood.

10. Community Development District (CDD)

If the home sits in a CDD, Section 190.048 requires a contract notice about the extra assessments. These are more common in newer master-planned communities than in St. Pete's core.

11. Energy-Efficiency Brochure

Section 553.996 requires buyers to receive information about the building's energy-efficiency rating. The standard Florida Realtors/Florida Bar contract usually handles this for you.

Full Disclosure vs. Saying Less: Pros and Cons

Pros of full, early disclosure

• Protects you from fraud and nondisclosure claims after closing.
• Fewer surprises at inspection, so fewer price cuts and collapsed deals.
• Builds buyer trust, which matters in a luxury price range.

Cons (real, but manageable)

• Some buyers walk, especially on flood history.
• Expect buyers to use disclosed issues in negotiation.
• Takes time to gather claims records, permits, and repair invoices.

The trade is simple. A tougher conversation now beats a lawsuit later.

How to Prepare Your Florida Seller Disclosure Form: 5 Steps

1. Pull your insurance history. Request a CLUE report from your insurer to see every claim filed during your ownership.
2. Gather paperwork. Collect permits, repair invoices, roof and wind mitigation reports, and any sinkhole engineering reports.
3. Document flood events. Write down dates, water depth, and what was repaired, even if you never filed a claim.
4. Fill out the disclosure form honestly. If you don't know, write "unknown." Never guess "no."
5. Deliver before the contract is signed. Get the buyer's written acknowledgment, and update the disclosure if anything changes before closing.

A St. Petersburg Scenario (Illustrative)

Consider a seller on Snell Isle who got eight inches of water in the garage during Hurricane Helene. They cleaned up themselves and never filed a claim. Before October 2025, the flood form only asked about claims and aid. Today, they must disclose that flooding.

That's not rare. Pinellas County saw more than 22,000 NFIP claims from Helene alone and over 40,000 buildings damaged across Helene and Milton. Buyers here now ask about flood history first. Disclose it with photos and repair receipts, and that "red flag" becomes a documented, priced-in fact.

Not sure how your home's history affects your price? See how we prepare sellers before a listing goes live.

The Bottom Line on Florida Seller Disclosure Requirements

Florida seller disclosure requirements boil down to one rule: if you know it, it affects value, and the buyer can't see it, put it in writing. Add the statutory notices on flooding, sinkholes, radon, taxes, associations, and the coast, and you're covered.

Ready to sell with fewer surprises? Contact Eagan Luxury for a pre-listing disclosure review.