What must a home seller disclose in Florida?

Florida disclosure law is judge-made rather than statutory for most defects.

1. The Johnson v. Davis Doctrine

Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), held that where a seller of residential property knows of facts materially affecting the value of the property, which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them.

Applies to residential transactions — courts have been split on commercial.

2. Flood Disclosure — § 689.302 (effective Oct 1, 2024)

Sellers must disclose prior flood claims, flood damage, and whether they received federal flood assistance.

Form must be delivered at or before contract execution.

3. No Statutory General-Defect Form

Florida does not mandate a specific TDS form. However, the Florida Realtors / Florida Bar Seller's Disclosure is the de facto industry form.

4. Other Mandatory Disclosures

Property tax notice under § 689.261.

Radon gas statement under § 404.056.

Lead-based paint federal rule for pre-1978 dwellings.

Coastal Property disclosure under § 161.57 for properties partially seaward of the coastal construction control line.

HOA / Condo disclosures under §§ 720.401, 718.503.

5. "As-Is" Sales

The FAR/BAR "As-Is" Contract is widely used. However, Johnson v. Davis is not waivable — fraud and concealment claims survive.

6. Latent vs Patent

Only latent defects (not visible on reasonable inspection) trigger the disclosure duty.

7. Statute of Limitations

4 years for fraud (§ 95.11(3)(j)) from discovery; capped at 12-year repose under § 95.031.

This is legal information, not legal advice.