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Understanding Florida Seller’s Disclosures Law

Table of Contents

  1. Understanding Seller’s Disclosures in Florida real estate
    1. If after reading this article you decide you need more answers or are looking to hire an agent to help you sell your home, we are here to help. Call (917) 909-8063 Today, or feel free to schedule a free consultation.
    2. What has to be disclosed in a Florida real estate transaction?
    3. Here are a few examples of issues that might materially affect the value of a property:
      1. Water leaks from the past or that presently impact the home;
      2. Roof leaks and defects;
      3. Environmental hazards like Chinese drywall, asbestos, lead paint, radon gas, and mold;
      4. Problems with the electrical system;
      5. Defects with the HVAC heating and air condition systems;
      6. A faulty foundation, including cracks, or other risks of instability;
      7. Issues with the title to the home or property including liens or clouds.
    4. Additional Disclosures You May Be Required to Make Around Property Ownership:
    5. The Caveat Emptor Rule in a Caveat Emptor State
      1. Overwhelmed by the home preparation process or need guidance during the home buying process? Get the answers you deserve and hire an agent to help you sell your home. We are here to help. Call (917) 909-8063 Today, or feel free to schedule a free consultation.
    6. Limitations to the protection of the law
    7. How Can Florida House Buyers Avoid Buying a Home With Hidden Defects?
    8. Does an “As-Is” contract protect a seller from having to disclose?
    9. A Buyer’s Lender May Have the Right to Deny Funding Based on Material Defects:
      1. Be careful of deals that seem “Too good to be true”
      2. The James Ruff Group LLC has relationships with excellent trustworthy home inspectors, attorneys, surveyors, and specialists. Call today.

Understanding Seller’s Disclosures in Florida real estate

Florida’s property disclosure rules are designed to protect prospective buyers. Gone are the days of “buyer beware” when it comes to transactions in residential real estate. Looking to buy a home in Palm Beach, Boca Raton, Fort Lauderdale, Miami, Coral Gables or The Florida Keys? Good news, seller’s have a legal responsibility to disclose any issues that may affect the value of a Florida home or property, even if the buyer or the buyer’s agent does not explicitly ask about them.


However, not all issues are readily observable. Issues like lead based paint hazards, water pollutants, mold, electrical issues, and unlicensed renovations done without permits can cause huge hidden issues.


There are federal laws to protect prospective buyers in a house sale. Florida statutes requires sellers disclose property defects via a legal document known as the seller’s disclosure. Disclosure requirements are required when transacting a house in Florida. At the end of the day, Florida’s property disclosure rules are there to ensure fairness between sellers and buyers alike. Seller’s must be honest about any problems they know about, so buyers can make an informed decision on whether or not to purchase a Florida home. It’s the only way to make sure everyone is playing by the same rules.

If after reading this article you decide you need more answers or are looking to hire an agent to help you sell your home, we are here to help. Call (917) 909-8063 Today, or feel free to schedule a free consultation.

What has to be disclosed in a Florida real estate transaction?

As a seller, you have the legal responsibility to disclose any facts about the property’s condition that are known to materially affect the value of your property. This means that it’s important to tell potential buyers and real estate agents about anything that could potentially reduce the value of the property or make it less desirable, which cannot be readily observed.


In Florida, there is an additional set of property disclosure rules that must be met when selling a house with or without a Florida real estate agent. The listing agent for Florida sellers has to provide a Seller’s Property Disclosure Form that outlines details about the home and its condition, as well as any needed repairs or improvements that are known to buyers. This helps buyers make an informed decision while also providing legal protection for both parties.


It’s important to remember that as a seller, you have a legal responsibility to disclose any material facts or conditions that could potentially reduce the value of the property. By following Florida’s property disclosure rules and providing potential buyers with accurate information about your home, you can help ensure an easy and successful property sale


Here are a few examples of issues that might materially affect the value of a property:

  • Water leaks from the past or that presently impact the home;
  • Roof leaks and defects;
  • Environmental hazards like Chinese drywall, asbestos, lead paint, radon gas, and mold;
  • Insect and pest infestations, such as termites and other wood destroying organisms;
  • Problems with the electrical system;
  • Defects with the HVAC heating and air condition systems;
  • A faulty foundation, including cracks, or other risks of instability;
  • Encroachment and disputes about property survey boundaries; and
  • Issues with the title to the home or property including liens or clouds.



How do you avoid issues caused by past and present water leaks?
Water leaks are serious and can cause unbelievable damage due to mold and rot. Past leaks can cause issues that are not visible to the naked eye. If water damage is noticeable have it checked properly and make sure to check public records for anything suspicious.


How do you avoid replacing a roof unexpectedly and paying thousands and or tens of thousands of dollars?

Hire a roof inspector and make sure they check the exterior and interior roof. Generally speaking, most licensed home inspectors are qualified for this and if they find issues they will often times suggest a specialist come in.


How do you avoid Chinese drywall, asbestos, lead paint, and mold?

Luckily several of these issues are generally not an issue unless the property was built during a specific time. If the home was built outside those years you are generally fine. Mold on the other hand can effect nearly any home and all environments provided there is enough moisture and warmth to let it grow. Hire professional trades that specialize in each of these issues if you suspect a problem after having your home inspected by a licensed home inspector.

How do you avoid potentially devastating pest discoveries after you’ve already closed on the home?

By hiring a pest control specialist to review any signs of infestation. Your home inspector is generally qualified to look for signs of these issues, but few inspectors are qualified to assess the severity of pest intrusion and the cost to remedy it.


How do you protect yourself against costly electrical system issues?

By hiring a licensed electrician that can test and check the system and make sure you don’t pay monthly for electrical shorts, or risk fire.


How do you protect yourself against any heating and cooling system malfunctions?

By hiring a home inspector to check all of these systems and if there are any signs of issues bringing out a specialist for HVAC.


How do you protect yourself against structural issues in the foundation and elsewhere in the home?

By hiring a qualified and well vetted home inspector, and if necessary a structural engineer.


How do you protect yourself from property boundary disputes before they arise?

By hiring an experienced surveyor before your real estate contract goes black.


How do you protect yourself from title issues?

By working with a trusted title company and getting title insurance.

Additional Disclosures Sellers May Be Required to Make Around Property Ownership:

  1. Nuisances in the Neighborhood
  2. Death in a home when violent in nature
  3. Health Hazards like toxic waste
  4. Homeowner’s association, condo, and co-op rules & monthly or quarterly fees
  5. Repair history
  6. Missing items (what won’t be left behind after the sale)
  7. History of infestations (differs by local laws)

The Caveat Emptor Rule in a Caveat Emptor State

The Caveat Emptor Rule is a Latin legal term that means “let the buyer beware.” In certain states, like Florida, the law requires buyers to conduct their own due diligence before purchasing a property. This includes researching the home’s history and its condition. The seller must inform buyers of any issues they know about but it is ultimately the buyer’s responsibility to make sure they are aware of any potential problems with the home prior to closing. The disclosure rules apply mostly to home sellers that want to pass their problems on to someone else without addressing them before hand.


When it comes to buying a home, it’s important to use your best judgment and take the time to thoroughly inspect the property. Seller’s disclosure responsibilities are not obligated to disclose any readily apparent issues such as broken windows or visible holes in walls. However, they must alert buyers of any property conditions that negatively impact the home’s value – those that cannot be seen during a normal inspection. Common latent defects include mold, wood rot or water intrusion. As a prospective buyer you should still use common sense and do any appropriate home inspections. As a seller, you can pre-empt costly inspection negotiations upfront by doing a preliminary inspection and resolving the issues before the property is listed.


We at The James Ruff Group LLC understands that this process can feel overwhelming and we are here to provide our expertise and guidance. Our experienced building and construction experts are available to investigate any hidden or latent defects you may encounter in your home buying journey. We’re here to ensure your peace of mind and to help you protect your investment.


In Florida, all sellers are bound to disclose any known property defects in the property by the Florida property disclosure law and must sign a Seller’s Property Disclosure Form prior to closing. The mandatory Property Disclosure Form is a written document that details the conditions of the property. This form should be completed honestly and thoroughly by the seller.

Overwhelmed by the home preparation process or in need of guidance during the home buying process? Get the answers you deserve and hire us as your agent to help you sell your home. We are here to help. Call (917) 909-8063 Today, or feel free to schedule a free consultation.

Limitations to the protection of the law

In Florida, the statutory language around the law stipulates that the seller’s disclosure of any material defects of which they have knowledge at the time of sale be made before the sale. Seller’s must sign this Disclosure Form outlining these conditions prior to closing. There is at least one standard purchase contract in Florida that requires the seller pays for any issues found during the buyer’s right to inspection period provided they hold the buyer to the contract. It is imperative that this form be completed honestly and accurately to protect both parties involved in the transaction. The largest limitation with the Florida law surrounding the seller disclosures is that the law requires the seller have actual knowledge of the defects at the time of the sale, which is difficult to prove in many cases. However, an experienced construction law attorney can assist you if you find that you have been a the victim of a seller’s intentional withholding of information that has caused you harm.


How Can Florida House Buyers Avoid Buying a Home With Hidden Defects?

When buying or selling a home in Florida, the seller has a legal responsibility to disclose any defects that affect the value of the property that are not readily visible. This includes any structural issues, electrical wiring problems, plumbing damage, and other known issues with the house in Florida. Your first line of defense, whether selling your home or buying a new home, is to hire a qualified agent by making sure you ask the right questions to properly vet an agent before you entrust such a significant amount of responsibility to them. Asking your real estate agent and their broker for talented, trustworthy home inspectors before you agree to purchase the house in Florida is the first step in protecting you during the home purchase process.


At The James Ruff Group, we have protected many buyers and sellers from entering into would be disastrous transactions. We work with highly skilled home inspectors who never leave a stone unturned. If something is found we then negotiate on your behalf to make sure you are in the best position possible. Buyer’s need beware that there are some unscrupulous sellers out there who would happily pass you a lemon and unload their burden onto you. Working with a great team of professionals can help you avoid costly issues later.


When purchasing a home, you need to be aware of the risks posed by unethical sellers who may try to hide costly issues in order to shift their burden onto unsuspecting buyers. There are sellers who have invested huge sums of money into their homes, only to find out they have issues that could cost them thousands or even hundreds of thousands of dollars. Because of this financial risk, their temptation to pass the buck to unaware buyers can be very real. The James Ruff Group is here to help protect buyers from these bad actors, working with experienced home inspectors and construction attorneys so that you are safe A great real estate attorney can be priceless in a transaction with murky waters. Investing in the right experts can save you from a costly mistake down the line. We are dedicated to making sure home buyers in Florida are aware of their rights under state property disclosure rules and protected from bad sellers who seek to take advantage of them. Make sure to read your disclosure document carefully and ask us for guidance if you have any confusion or concerns around real estate disclosure law.

Does an “As-Is” contract protect a seller from having to disclose?

No. Aside from Federal law protections, Florida law provide no exception for a home or property that is sold “As-Is!” A seller must disclose any hidden facts they are aware of or face severe legal trouble.


Although real-estate contracts may contain an “As-Is” Clause, sellers are still obligated to disclose any latent issues about the property which could materially affect its value. In Florida, property disclosure rules prescribe that sellers must provide potential buyers with all pertinent information before selling a house in Florida via a seller’s disclosure statement. Failing to do so can result in legal liability, so it is important that sellers of Florida houses take their disclosure obligations seriously.


If you are unsure whether the contract you are signing, or have already signed, in a real deal leaves you exposed to inheriting the seller’s issues it is important to seek legal advice. Florida real estate sale disclosure rules require Florida real estate sellers to be honest when disclosing any known issues when selling a house. If you are suspicious of foul play, an experienced construction law, or real estate attorney will be able to review your real estate contract and advise you on the potential risks associated with purchases from dishonest sellers.


A Buyer’s Lender May Have the Right to Deny Funding Based on Material Defects:

A lender can cancel funding if serious issues to the home are discovered that the lender feels would impact the home’s viability or potential to be resold in the future and all or part of a buyer’s escrow fees could be at risk depending on the contract used.

Be careful of deals that seem “Too good to be true”

The home inspection can reveal many hidden things a seller may prefer not be found. Many FSBO sellers in an attempt to reduce closing costs when selling residential properties are often novices in the selling process. Without guidance from a national association, or support from an experienced agent, and with lacking experience in the closing process, they may be completely unaware of their legal responsibility of disclosure. Or worse, they may choose not to work with an agent in an attempt to avoid the additional scrutiny of a licensed professional who’s bound legally and by the Florida association of realtors. Selling FSBO they may have listed their home competitively as a FSBO listing and paid nominal fees for MLS access. They may even offer to pay the buyer’s closing costs to distract the unaware party in an attempt to fraudulently transfer ownership to you. If the purchase price seems too good to be true, realize some home sellers don’t care about anyone but themselves.


Buyers: While most sellers I’ve come across are reasonable decent people, along with their agents who are commonly part of the Florida realtors association, keep your eyes up and your ears open when buying a home.

Sellers: The Federal government and the DBPR don’t mess around. If you’re a seller, realize doing the right thing is often times the least expensive path toward achieving the best outcome when you sell your home.

The James Ruff Group LLC has relationships with excellent trustworthy home inspectors, attorneys, surveyors, and specialists. Call today.

Looking for professional or legal support? None of this should be construed as legal advice, for legal guidance you must seek counsel with a licensed attorney.

We provide Best In Class service, record breaking sales, and relationship you can count on.

Call (917) 909-8063 today or click here to schedule a consultation for all the details!


James Ruff owner of The James Ruff Group Miami Realtors

James R. Ruff

Principal Broker

About the Author

James R. Ruff – With 30+ years in real estate construction, investing, and brokerage, having studied at Harvard Business School, James Ruff leads The James Ruff Group Real Estate Brokerage Firm as Principal Broker and Owner. 

Operating from offices at Madison Park in Manhattan, New York, The South of Fifth in Miami, Florida, and Cambridge, Massachusetts, his team of expert advisors specializes in luxury residential and commercial properties throughout the USA.

James Ruff’s team is dedicated to helping you build wealth, security, and happiness through quality real estate guidance, one transaction at a time, for a lifetime.

Click to read more about James Ruff


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James Ruff Principal Broker Owner The James Ruff Group Realtors
James R. Ruff Principal Broker, Owner of The James Ruff Group Realtors

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This Privacy Policy was last revised on October 1, 2022. We reserve the right to modify or amend this policy at any time by posting the revised Privacy Policy on the website.

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