Evelyn Waugh is a writer based in Portland, Maine. She's covered real estate, modern interior design, home goods, and consumer trends for various outlets, including Portland Monthly Magazine and the Chicago Tribune.
Richard Haddad , Executive Editor Richard Haddad Executive EditorRichard Haddad is the executive editor of HomeLight.com. He works with an experienced content team that oversees the company’s blog featuring in-depth articles about the home buying and selling process, homeownership news, home care and design tips, and related real estate trends. Previously, he served as an editor and content producer for World Company, Gannett, and Western News & Info, where he also served as news director and director of internet operations.
DISCLAIMER: As a friendly reminder, this blog post is meant to be used for educational purposes only, not legal advice. If you need assistance navigating the legalities of what to disclose when selling a home in Florida or using a seller’s disclosure form in Florida, HomeLight always encourages you to reach out to your own advisor.
Getting ready to sell a home in Florida? You’ve probably heard that you’ll need to complete seller’s disclosures. But what exactly do you have to disclose when selling a home in Florida? When you’re prepping to list your home on the market, do you have to research everything about your house — and shell out cash to fix the problems you find?
Not at all, says Sepehr Niakan, a Florida real estate agent with 18 years of experience bringing over 69% more single-family home sales to fruition than the average Miami agent. We spoke to Niakan to get a professional’s take on what the Florida disclosure form is — and what it isn’t.
In a nutshell, Niakan says, the disclosure form is a handy way to get honest about what you do know — and not worry about what you don’t. “The truth will set you free,” he says.
Let’s jump into what you need to know about Florida’s seller disclosure form — and what it means for sellers, and buyers, in the Sunshine State.
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A seller’s disclosure is a real estate document in which a seller discloses known details about the property’s conditions, such as any flaws. This helps the buyer make an informed decision, and it helps the seller meet their legal requirements and protect themselves from any future liability.
“Here’s the way I see it: Property disclosures are a wonderful tool to protect both sides,” Niakan explains.
For example, a buyer might come into a home with a stain on the ceiling — and panic. “They say, what’s that stain? What’s going on? It creates a question mark in the buyer’s eyes”
With the disclosure form, that problem is solved. “It’ll explain everything the seller knows about the house. So, in this case, it could be a leak that happened six months ago and they fixed it, but the stain is still there.” He says that can make both the buyer more comfortable, and keep the seller from assuming liability.
The purpose of the disclosure form is to make known what you know. That protects you from liability.
“The seller is protecting themself by disclosing what they know.” That way, he says, if the buyer has a problem after closing, it was either already disclosed, or the seller has made it clear that they weren’t aware of the issue.
“Either way, it means the seller has already done their part.”
Disclosures aren’t just there to cover sellers from liability. For the buyer, the disclosure serves its own very important purpose. “The buyer is protected by being informed of historical facts,” Niakan says.
For instance, he gives the example of a leak in the home. “Knowing what’s occurred in the past helps them understand what they’re buying into. It protects the buyer,” he says, and helps them predict any future issues.
So, let’s go back to square one: There’s no obligation for the seller to fill out a property disclosure form. But the seller can put themselves at legal risk if they purposefully don’t disclose a material defect or another issue with the property.
“So, let’s go back to square one: There’s no obligation for the seller to fill out a property disclosure form,” Niakan explains. “But the seller can put themselves at legal risk if they purposefully don’t disclose a material defect or another issue with the property.”
In Florida, a seller’s property disclosure form isn’t required by law. But Florida law still requires that home sellers and their real estate agents disclose any significant defects with the property, such as cracks and other foundational issues.
A seller’s disclosure does not mean that everything about the house is accounted for and disclosed.
“Sellers don’t need to know anything,” Niakan points out. He gives the example of a seller selling their rental property. “A seller could have bought a property, never lived in it, and had a tenant at it the whole time. The tenant never told them of any issues. The tenant solved all the problems themselves that came up.”
When it’s time to sell, they wouldn’t necessarily ever have learned about these material facts. “Then the owner would never have known one thing wrong with the property. And when it’s time to disclose, they could say I don’t know to absolutely everything — and it would still be okay. Because, in fact, they don’t know anything.”
In Florida, a seller is required to disclose any known material defects prior to closing. Beyond that, when the disclosure form comes into play is individual to each deal.
Some listing agents have preferences for how their clients handle the selling disclosure. The timing of when you fill out the disclosure form can play into your selling strategy. It can even help you close a deal sooner.
“A lot of listing agents try to get that property disclosure from the seller upfront and attach it to the MLS listing,” Niakan says. “That’s a very thorough, clean, good way to do it.”
Consider this: When you disclose any significant material defects upfront, the buyers you attract will be fully aware of your home’s imperfections. That can help you avoid a scenario where a buyer is very interested, puts in an offer, and then backs out later when they learn that the foundation is settling, for example.
Ultimately, no home is perfect, so letting buyers know what they’re getting into upfront is a strong way to weed out those who aren’t “the one” and find your true prospects.
Feeling overwhelmed by a landslide of information on the web about what you need to disclose when selling a house in Florida? Fret not. We’ll walk you through it, step by step.
Before you jump into the nitty-gritty, though, here’s what you need to keep in mind. Selling a home in Florida doesn’t require you to complete any one official seller disclosure form. All that is required by law is that you disclose any known facts that impact the value of the property.
That said, the Florida Realtor Seller’s Property Disclosure form features a helpful, comprehensive walkthrough to help you avoid missing any disclosures. Here’s what you’ll need to disclose:
The Florida seller’s disclosure form starts with a section that lists property features both basic and lavish — starting with simple features like your oven and dishwasher, and moving into less common household fixtures like saunas, smart home systems, and solar panels.
You’ll simply check off the appliances the property comes with installed and in working condition. For basic appliances like your refrigerator and microwave, you’ll list the brand as well.
In this section, you’ll indicate whether you’re aware of any lien or other claims against the house, as well as any federal, state, or local notifications of required repairs or alterations.
For example, if your county notified you that you needed to remove debris from your front yard, you’d need to respond “yes” to this question and explain the circumstances.
If the home is a condo or belongs to an HOA with common areas, such as a shared community swimming pool, you’ll also need to list any claims and assessments related to those common areas that you’re aware of.
In this section, you’ll list any information about restrictions enforced by the deed or, more commonly, your HOA or condominium association. For example, if your HOA has restrictions for what colors you can paint the exterior of your home, you’d note that here.
You’ll need to disclose environmental hazards such as black mold, asbestos, lead, fuel, and other chemicals — as well as the details on whether and when you’ve addressed these hazards in the past.
In addition, this section asks you to disclose any sensitive environments located around your property site, such as protected wetlands, conservation areas, and archeological sites.
This Florida seller disclosure form section asks you to report whether the roads to access your home are public or privately owned and maintained. You’ll also be prompted to share information about road maintenance agreements, zoning, historic district or other restrictions.
If you don’t know the answer to these questions, you’ll simply check “unknown.”
This section runs the gamut from any claims you’ve filed through your homeowners insurance — such as after a flood or fire — to any major remodeling and additions you’ve added to the home. You’ll directly answer questions about whether you had permits for the work that you’ve done, or whether they were unpermitted home projects.
The Florida seller disclosure form asks for information about the age of your roof, any history of leaks, whether you’ve replaced the roof during your ownership of the property, and whether there’s a transferable warranty on the roof.
If you’ve recently paid for a roof replacement, report that information here and be sure you’re factoring the added value of a new roof into how you price your home.
Are you selling a home with a pool or a hot tub? This is the spot on the Florida seller’s disclosure form where you’ll note it. Here’s exactly what you’ll need to disclose:
The Florida seller’s disclosure form asks you to indicate the presence of any of the following equipment:
You’ll also note any malfunctions of any of the above that you’re aware of.
Note any past or present water intrusion and any homeowner’s insurance claims related to water intrusion in this section. Also, disclose any dampness and attempts to improve it.
If you’re aware of any sinkholes, soil movement, or settling, disclose it in this section of the Florida seller’s disclosure form. You’ll also need to be sure to note any insurance claims related to sinkholes.
The Florida seller’s disclosure form includes a section on windows and doors and asks for the following details:
You’ll note any plumbing problems and related details in this section. That includes:
Does your house have old wiring? Unless you’ve recently paid for modern rewiring, you may have some electrical issues to disclose.
Note down any of the following here:
Is there any leased equipment — such as leased solar panels — present in the home? Jot it down here so that the buyer knows what’s owned and what isn’t. In addition, note any fixture present in the home that you plan to take when you sell the home. That’s affixed items only, like a mirror that’s bolted to the wall or a gorgeous midcentury modern light fixture that you can’t live without.
If you’re aware of any wood-destroying pests — including both present and past infestations — you’ll report it here. In Florida, the most common wood-destroying organisms you may have a history with, in or around your home are:
For instance, if you once had an infestation of carpenter ants and you had the problem taken care of by a pest control company, you’ll list the name of the company, plus the renewal date.
Flood hazards that could require a buyer to pay for additional flood insurance and any drainage issues go here. In addition, you’ll mark down any easements or shared driveways, docks, access points, or other joint-use areas of your property.
In the last section, marked Other Matters, the seller disclosure form asks you to disclose a range of details:
And, lastly, the disclosure form will ask you to provide anything else that you feel is relevant about your property on a line ending this section. That allows you to dot your i’s and cross your t’s and feel confident that you’ve disclosed everything you need to in order to satisfy Florida’s disclosure requirements.
In Florida, there is a specific statute that states that the seller is not required to disclose whether the property has ever been the site of any sort of death, including a murder or suicide.
Niakan says to stick to the disclosure form and reveal material facts as required. “I wouldn’t suggest that you disclose anything more than what’s required,” he says. “Don’t go beyond that — there’s no reason to.”
For the most part, as long as you disclose everything you’re aware of when you fill out the disclosure, you’re safe.
The exception is lead-based paint, which is a federal disclosure requirement.
“That’s separate,” Niakan explains. “Basically, any property built before 1978 has to have that form. The purpose of the form is to disclose whether you are aware of any lead-based paint in your property, and give access to federal information that advises buyers on what to do if they want to perform any additional inspections themselves.”
Niakan says that one of the biggest challenges sellers face is knowing what they should do when they don’t know the answer to a question.
“The simple answer is this: You don’t know what you don’t know,” he says. “And it’s okay not to know something. Just write I don’t know” and move on to the next question.”
“We’re specifically advised to never fill out property disclosures for a seller,” Niakan explains. “Typically, we don’t advise them of what any answers should be.” The reason? “Because if they don’t know, they should just write, I don’t know. That’s the whole beauty of it.”
The whole point of the disclosure, he summarizes, is that it’s designed to give the seller space to disclose what they do know — and not what they don’t. “You don’t have to go do research or spend time learning about the property. You just have to say what you know. And that’s it.”
Ultimately, when it comes down to what to disclose when selling a house in Florida, the answer is anything you know about.
“There are times when the seller says, should I disclose this thing that happened on my property if everything’s fine now? And the answer is always yes,” Niakan says: “Disclose it.”
Why? “Because if that problem rears its ugly head again, you’ll be covered.”
In addition to meeting Florida’s disclosure requirements, rock your Sunshine State home sale with a top Florida real estate agent. HomeLight’s Agent Match can connect you with top-performing agents in Florida who have the local experience and market knowledge to successfully guide you through every step of the home-selling or buying journey — from disclosures to closing, put a top professional in your corner.
Header Image Source: (Mark Male / Unsplash)
At HomeLight, our vision is a world where every real estate transaction is simple, certain, and satisfying. Therefore, we promote strict editorial integrity in each of our posts.
Evelyn Waugh is a writer based in Portland, Maine. She's covered real estate, modern interior design, home goods, and consumer trends for various outlets, including Portland Monthly Magazine and the Chicago Tribune.
Richard Haddad is the executive editor of HomeLight.com. He works with an experienced content team that oversees the company’s blog featuring in-depth articles about the home buying and selling process, homeownership news, home care and design tips, and related real estate trends. Previously, he served as an editor and content producer for World Company, Gannett, and Western News & Info, where he also served as news director and director of internet operations.
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