Florida Seller Disclosure Requirements: What You Must Tell Buyers (2026)

Updated October 2026. Florida Statutes, the Florida Realtors contract form and the EPA lead rule checked on October 31, 2026.

Florida has no general state disclosure form, but since the Florida Supreme Court’s 1985 Johnson v. Davis decision, a home seller must tell the buyer about known facts that materially affect value and aren’t readily observable. On top of that, statutes require written flood, radon and property tax notices (October 2026).

Jump to: ⚖️ Johnson v. Davis · 📋 Required notices · 🌊 Flood form · 🏚️ As is · 🤐 What you can leave out · ❓ FAQ

Does Florida have a required seller disclosure form?

No. Unlike Pennsylvania or New York, Florida has never passed a law that hands sellers one long questionnaire. That surprises a lot of people, because most Florida sales still include a written seller’s disclosure. Sellers fill one out because it’s the cleanest way to prove what they told the buyer, not because a statute names it.

What Florida does have is a rule from its highest court, plus a handful of short statutory notices. You need both. Skip the first and you risk a fraud claim. Skip the second and the buyer may be able to walk away or the contract may be incomplete.

What did Johnson v. Davis decide about seller disclosure?

In 1985 the Davises agreed to buy the Johnsons’ three-year-old home for $310,000. The sellers said the roof had no problems. After the buyers paid their full deposit, a heavy rain showed serious leaks, and a roofer quoted $15,000 for a new roof.

The Florida Supreme Court sided with the buyers. It held that when the seller of a home knows of facts materially affecting its value that aren’t readily observable and aren’t known to the buyer, the seller must disclose them. The buyers got their deposit back.

Three tests come out of that sentence, and all three must line up:

• You know about it. The duty covers what you actually know, not what an inspector might find.
• It affects value in a real way. A roof leak, foundation crack, past sinkhole repair or open code violation counts. A scuffed baseboard doesn’t.
• The buyer can’t readily see it. A water stain hidden behind fresh paint is the classic example.

The standard Florida Realtors contract repeats the rule in its own words: the seller represents that they don’t know of facts that materially affect value, including violations of government rules, other than ones the buyer can readily observe or already knows about. Our Florida for sale by owner contract guide walks through the rest of that form.

Which written disclosures does Florida law require?

These are the notices that can apply to a Florida home sale. We read each statute on the Florida Legislature’s site on October 31, 2026.

The radon notice is a fixed paragraph the statute spells out word for word. It says radon has been found in Florida buildings above federal and state guidelines and points buyers to the county health department. You don’t have to test. If you’re curious how common it is, see our piece on radon in Florida.

The HOA summary has teeth. If the buyer doesn’t get it before signing, the contract is voidable by the buyer within 3 days after receiving it or before closing, whichever comes first. The statute adds that any waiver of that right has no effect.

The property tax summary warns buyers not to rely on your current tax bill, since a sale triggers a new assessment. The standard Florida Realtors contract already prints the flood, radon, property tax and HOA language, so if you use it, much of this is handled. You can look up your current bill with our Florida parcel number guide.

What goes on the Florida flood disclosure?

Section 689.302 took effect on October 1, 2024. Florida Realtors reports that a 2025 amendment, in force since October 1, 2025, widened it to any known flooding during your ownership and any repair aid, not just federal aid. As of today the form asks you to check a box on three points:

1. Whether you know of any flooding that damaged the property while you owned it.
2. Whether you filed a flood damage claim with any insurer, including the National Flood Insurance Program.
3. Whether you received help for flood damage, including from FEMA.

It also reminds the buyer that homeowners’ policies don’t cover flood. “Flooding” has a set meaning: overflow of inland or tidal waters, rapid runoff from a river, stream or ditch, or long periods of standing rainwater. A pipe that burst inside the house isn’t flooding under this form, though you’d still disclose it under Johnson v. Davis if it left hidden damage.

The form covers your ownership only. If you bought five years ago, you answer for those five years. For coastal buyers’ questions, our article on buying near the beach in Florida covers flood zones and insurance.

Does selling as is in Florida end your duty to disclose?

No. An “as is” contract means you won’t make repairs. It doesn’t let you hide what you know. Florida’s Third District Court of Appeal said in 1990 (Levy v. Creative Construction Services) that there’s no “as is” exception to the Johnson v. Davis duty, as the Florida Bar Journal has noted.

So the practical rule is simple. Sell as is if you like, price for it, and still write down every known defect. Buyers who learn about a problem up front tend to negotiate. Buyers who find it after closing tend to call a lawyer. Our guide to selling a house as is covers pricing and wording.

One limit: Florida courts haven’t extended Johnson v. Davis to commercial property. This guide is about homes.

What don’t Florida sellers have to disclose?

Section 689.25 lists facts that are not material and can’t be the basis of a lawsuit for staying quiet:

• That the property was, or was suspected to be, the site of a homicide, suicide or death.
• That an occupant has or had HIV or was diagnosed with AIDS.

That’s a shield against a nondisclosure claim, not a license to lie. If a buyer asks you a direct question, answer it truthfully or decline to answer. Don’t make something up.

How should a Florida seller fill out disclosures?

Here’s how we’d approach it with a friend selling their own home:

• Gather your paperwork first: insurance claims, repair invoices, permits, the roof’s age, any wind mitigation or 4-point report you already have.
• Answer from what you know. “Unknown” is a fair answer when it’s true. Guessing “no” is not.
• Attach documents rather than summarizing them. A receipt for a 2022 leak repair says more than a checkbox.
• Hand the flood, radon, property tax and HOA notices over before anyone signs, and keep a signed copy.
• If something new happens before closing, like a storm leak, tell the buyer in writing.

A change to watch: starting February 1, 2027, section 689.261 requires listing sites to show estimated property taxes for Florida homes, calculated without the current owner’s assessment. Buyers will see that number before they ever read your disclosure.

How does disclosure fit into selling with Beycome?

When you list with Beycome, your Florida home goes on the major home search sites and the MLS, including Stellar MLS (formerly My Florida Regional MLS) in much of Central and West Florida, for $99 with $0 due to Beycome at closing. State forms are in your dashboard under Legal Forms, and Beycome Title can close your Florida sale with a $99 settlement fee when you prepay it at checkout. More on the whole process is in our guide to selling a Florida home by owner.

22,000+ homeowners have used Beycome, saving over $225 million in total (Beycome internal data, October 2026). See Florida flat fee MLS packages.

More Florida guides: Florida Documentary Stamp Tax on a Home Sale: Rates and Who Pays (2026).

Florida seller disclosure questions

Reviewed by Beycome of Florida LLC, licensed real estate brokerage (FL #CQ1033978).