Florida seller disclosure law is simpler than most homeowners expect and stricter than most realize. There is no state form you are required to file, but under the Florida Supreme Court’s decision in Johnson v. Davis, a seller must tell a buyer about any known defect that materially affects the value of the property and is not readily observable. Get that wrong and a closing can unravel weeks after the keys change hands.
What Florida Seller Disclosure Actually Requires
The duty is about knowledge, not perfection. You are not expected to inspect your own home or guarantee its condition. You are expected to disclose what you already know: the slab crack you patched, the roof leak repaired twice, the neighbor’s drainage that floods your side yard after heavy rain. Most Palm Beach County sellers use the Seller’s Property Disclosure form, which walks through structure, systems, water intrusion, permits and environmental items in writing.
The Flood Disclosure Is Now Separate and Mandatory
Since October 2024, Florida Statute 689.302 has required sellers of residential property to give buyers a written flood disclosure at or before the sales contract is signed. It is its own standalone form, not a paragraph buried in the contract. You must state whether you have filed a flood insurance claim, including through the National Flood Insurance Program, and whether you have received federal flood assistance such as FEMA aid. Given how many Palm Beach County homes sit in or near flood zones, this is the requirement sellers miss most often.
Open Permits Are the Quiet Deal Killer
An expired or unclosed permit stays attached to the property, not to the contractor who pulled it. Lenders and title companies check routinely now, and a permit from 1999 for electrical or roofing work can stall a closing for weeks. Pull your permit history from your municipality before you list rather than after you are under contract. If something is open, resolving it early costs a fraction of what it costs under a deadline.
Condition Items Worth Disclosing Even When You Are Unsure
Sellers get into trouble by guessing at the line. When in doubt, disclose. Past insurance claims, prior mold remediation, a roof near the end of its useful life, polybutylene plumbing, an aging electrical panel, and any structural repair all belong in writing. Disclosure rarely scares buyers away; concealment is what produces lawsuits. Our page on why sellers list with us explains how we handle condition issues before they turn into negotiation leverage.
Selling As-Is Does Not Remove the Duty
The Florida As-Is Residential Contract is the most common form in Palm Beach County, and it is widely misunderstood. As-is means you are not agreeing to make repairs. It does not mean you may stay silent about known material defects. The disclosure obligation survives the as-is clause entirely, buyers still get their inspection period, and they can still walk away.
Thinking about selling this year? We will give you a free, no-obligation home valuation and walk through exactly what you need to disclose before your home ever reaches the MLS, so nothing surprises you at the closing table. Call 844-456-4647 or reach us through our contact page. Serving Palm Beach County from Boca Raton to Jupiter. Hablamos español.
