The basic duty
Florida sellers of residential property must disclose known facts that materially affect the value of the property and are not readily observable by the buyer. This is a general summary, so ask your attorney how it applies to your case.
A buyer cannot be expected to find issues you knew about and did not mention.
Flood disclosure
Florida has added requirements for sellers to disclose information about flooding and flood damage, including claims and repairs, in many residential sales. Check the current form with your agent or attorney.
Accurate records of insurance claims help you answer correctly.
Lead-based paint
For homes built before 1978 federal rules require disclosure of known lead-based paint and delivery of an information pamphlet to buyers before the contract is binding.
Keep proof that the buyer received it.
Condo and HOA items
Condo and HOA sellers also provide association documents and must disclose known assessments and relevant rules. Buyers typically have a review period to cancel after receiving them.
Order your estoppel early to avoid delays.
How to disclose well
Put disclosures in writing, be specific and attach repair records and permits. If you are unsure whether something matters, disclose it. Your agent will help you complete the forms and keep copies.
Do not rely on verbal statements or on the buyer's inspection to cover known problems.
As-is contracts
An as-is contract means the seller does not agree to make repairs, but it does not remove the duty to disclose known material defects.
Buyers can still inspect and cancel within the period.
Common mistakes
Hiding past leaks, repairing without permits, forgetting insurance claims, relying on 'as-is' to avoid disclosure and giving incomplete answers.
Another mistake is not keeping copies of the disclosures you gave.
Checklist
Collect repair and permit records. List past claims and leaks. Complete required forms with your agent. Share association information. Keep signed copies.
What counts as material
Examples often include past water intrusion, roof leaks, termite damage, unpermitted work, structural issues and pending assessments. If a reasonable buyer would want to know, it is usually safer to disclose it in writing.
Keep a paper trail
Keep copies of every disclosure, inspection report and repair invoice with your closing file. If a dispute arises later, a clear record is your best protection.
Next step
We will walk you through the forms and answer questions in English or Russian. Legal questions should go to your attorney. Lidiya Tretyak is a licensed Florida real estate agent with Douglas Elliman and speaks English, Russian and Ukrainian; the first consultation is free.
This guide is general information, not legal or tax advice. Laws and programs change — confirm details with a Florida attorney and a US tax professional.
Official sources
