What Must Be Disclosed When Selling a House in Florida?

DISCLAIMER: 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 20 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.

What is a seller’s disclosure?

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.

What does a Florida disclosure form mean for sellers?

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.”

What does a Florida disclosure form mean for buyers?

Disclosures aren’t just there to shield sellers from legal responsibility. 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.

Is a seller’s disclosure form required in Florida?

“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. However, 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.

What doesn’t a seller’s disclosure not do?

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.”

When is the Florida disclosure form required to be submitted?

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.