Florida seller property disclosure obligations in 2026

Last updated: July 2026

In Florida, a home seller has an affirmative legal duty to disclose known material defects that a buyer cannot readily observe. That rule comes from case law, not a single disclosure statute. Under the Florida seller disclosure requirements set by Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), when a seller of residential property knows of facts that materially affect the property's value, are not readily observable, and are unknown to the buyer, the seller must disclose them [1]. That covers items like a leaking roof, a history of water intrusion or flooding, structural cracking, unpermitted work, and pending or levied association assessments. Florida does not require a specific state-mandated disclosure form the way some states do, but most sellers use the standard Seller's Property Disclosure published by Florida Realtors to document what they know. An "as-is" contract lets a buyer walk away after inspection, but it does not cancel the duty to disclose known defects. This article explains what must be disclosed, how the standard form works, how "as-is" interacts with the disclosure duty, and what has changed for 2026 around condo assessments and flood history.

The rule: Johnson v. Davis and the duty to disclose

Florida used to follow caveat emptor, or "buyer beware," for real estate. The Florida Supreme Court changed that for residential property in Johnson v. Davis. In that case the sellers knew the roof leaked and told the buyers there was no problem; after the deposit was paid, water poured in during a heavy rain. The court held the sellers liable and set a three-part rule that still governs today [1].

A defect must be disclosed when all three of these are true:

The seller actually knows about it.
It materially affects the value of the property.
It is not readily observable and is not known to the buyer.

Two practical points follow. First, the duty covers known defects, not defects the seller has no reason to know about. Florida does not impose a duty to inspect your own home before selling. Second, an affirmative misrepresentation, such as saying "the roof is fine" when you know it leaks, creates liability separate from silence. Saying nothing about a hidden known defect and lying about it can both support a claim.

What Florida sellers typically must disclose

The disclosure duty is defect-driven, so the list is not fixed by statute. In practice, the items that generate the most Florida disputes include:

Roof condition and leaks. The defect in Johnson v. Davis itself. Prior leaks, patch repairs, and active leaks are common disclosure items.
Water intrusion and flooding history. Past flooding, drainage problems, prior water damage, and mold history. Flood history has become a sharper focus for Florida buyers underwriting insurance cost and future risk.
Structural issues. Foundation movement, settlement cracks, seawall or stilt problems, and prior structural repairs.
Permits and unpermitted work. Additions, enclosures, or systems installed without required permits or final inspection. Open or expired permits can transfer to the buyer and complicate resale and insurance.
Systems and environmental conditions. Known problems with plumbing, electrical, HVAC, septic, or well, plus conditions like sinkhole activity, prior insurance claims, and, by statute, a radon gas notice.
Association assessments. For condos and HOA properties, existing and pending special assessments, delinquencies, and the financial and structural status of the association.

Two statutory disclosures sit alongside the Johnson v. Davis common-law duty. Florida requires a radon gas notice in real estate sale contracts under Section 404.056, Florida Statutes [2]. Separately, Section 689.25 provides that a seller is not required to disclose that a property was the site of a death, homicide, or suicide, or that a prior occupant had HIV or AIDS. Even there, a seller who is asked directly cannot answer falsely.

How Florida differs from statutory-disclosure states

Some states require sellers to complete a specific government-mandated disclosure form covering a fixed checklist. Florida is a common-law disclosure state. The obligation flows from the Johnson v. Davis rule rather than a single statute, and there is no state form you are legally required to file. What most transactions use instead is the Seller's Property Disclosure form published by Florida Realtors. That form is a tool for documenting the seller's knowledge, not a state mandate, but completing it carefully is one of the better protections a seller has, because it creates a written record of what was and was not disclosed.

Using the form does not narrow the duty. If a seller knows of a material, hidden defect that the form does not specifically ask about, the Johnson v. Davis duty still requires disclosure.

"As-is" contracts and the disclosure duty

Most Florida residential deals use the "As Is" Residential Contract for Sale and Purchase. Sellers sometimes assume "as-is" means "no disclosure and no liability." It does not.

An "as-is" clause means the seller is not agreeing to make repairs, and it gives the buyer an inspection period to investigate and cancel for any reason or no reason. What it does not do is waive the seller's duty to disclose known material defects that are not readily observable. Florida courts have kept the Johnson v. Davis duty in place even in "as-is" transactions. So an "as-is" seller who conceals a known hidden defect can still face a claim, while a seller who discloses the defect and sells "as-is" has shifted the decision to the buyer.

For buyers, "as-is" raises the value of a thorough, licensed inspection and, where relevant, specialty inspections for roof, wind mitigation, four-point, and flood or elevation. A buyer consultation before you write an offer is a good place to build that diligence plan. See the buyer consultation page for how that process works.

2026 focus: condo and HOA assessment disclosure

Association assessments are one of the most litigated disclosure areas in Miami, and the rules tightened after the 2021 Surfside collapse.

For condominium resales, Section 718.503, Florida Statutes, requires the seller to give the buyer a defined package of association records, including governing documents, financial statements, and the building's inspection and reserve reports. Buildings three stories or taller must complete a milestone structural inspection under Section 553.899, Florida Statutes, and a Structural Integrity Reserve Study on a recurring 10-year cycle [3]. A buyer purchasing in such a building should expect to review the milestone inspection results and the reserve study, because both drive future assessments.

The buyer's review window was also strengthened. For condominium resale contracts, the buyer's right to cancel after receiving the required documents runs for 7 business days under the 2025 legislative changes, up from the prior 3-day period [2]. Missing or late association documents can make the contract voidable at the buyer's option, so sellers benefit from ordering the estoppel and disclosure package early.

For HOA properties, Section 720.401, Florida Statutes, requires a disclosure summary before the contract is signed, covering membership, use restrictions, the amount of assessments, whether special assessments exist, and the association's lien authority. If that summary is not provided, the buyer can void the contract up to closing.

The practical 2026 takeaway: in condo and HOA transactions, "material defect" now clearly includes the association's financial and structural condition. A known, unfunded structural repair or a pending special assessment is exactly the kind of fact the Johnson v. Davis duty and the statutory packages are meant to surface.

Consequences of nondisclosure

A seller who fails to disclose a known material defect can face several outcomes. A buyer may sue to rescind the contract, as the buyers did in Johnson v. Davis, or seek damages measured by repair cost or diminished value. Claims can be framed as breach of the disclosure duty, fraud, or negligent misrepresentation. In condo and HOA deals, a missing statutory disclosure package can independently give the buyer a right to void.

The most reliable protection for a seller is straightforward: disclose what you know in writing, keep records of repairs and permits, and let the buyer's inspection do the rest. For a listing-side plan on Miami property, the sell your Miami home page walks through preparing disclosures and documentation before you go to market.

Frequently asked questions

Does Florida require a seller disclosure form by law?

No. Florida does not mandate a specific state disclosure form. The duty to disclose comes from Johnson v. Davis case law. Most sellers use the Florida Realtors Seller's Property Disclosure form to document their knowledge, and doing so is a common protection, but it is a tool rather than a legal filing.

Does an "as-is" contract remove the duty to disclose?

No. An "as-is" clause means the seller will not make repairs and the buyer can cancel during inspection. It does not waive the seller's duty to disclose known material defects that are not readily observable. Concealing a known hidden defect can still create liability in an "as-is" sale.

Do I have to disclose past flooding or water intrusion?

If you know about it, it materially affects value, and it is not something the buyer can readily observe, then yes, the Johnson v. Davis rule requires disclosure. Prior flooding, drainage problems, and water damage history are frequent disclosure items in South Florida.

What has changed for condo sales in 2026?

Condo resales require a fuller records package, including milestone inspection and reserve study information for buildings three stories or taller, and the buyer's post-disclosure cancellation window is now 7 business days [2][3]. Pending or unfunded structural assessments are treated as material information.

What happens if a seller hides a known defect?

The buyer can seek to rescind the contract or recover damages for repair cost or lost value, and may bring claims for fraud or misrepresentation. In condo and HOA transactions, a missing statutory disclosure can separately let the buyer void the deal. Common questions like this are collected on the FAQ page.

Gabriel

Sources

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Gabriel A. Moyers, PA. eXp Realty. Florida License #3407280. Equal Housing Opportunity. This article is general information as of July 2026 and is not legal, tax, or financial advice. Verify current figures against authoritative sources before acting.