Florida Real Estate Disclosure Requirements
Florida requires sellers to disclose property conditions.
Is Florida a Disclosure State?
YESFlorida requires disclosure of material facts affecting property value through case law (Johnson v. Davis), plus mandatory statutory disclosures for flood risk, radon, and sinkholes. A new flood disclosure law took effect October 1, 2024, with expanded requirements in 2025.
Property Condition Disclosure
RequiredOfficial Form:
Florida REALTORS® Seller's Property Disclosure (Residential)
While Florida doesn't have a single statutory disclosure form, case law (Johnson v. Davis) obligates sellers to disclose any known facts materially affecting property value that aren't readily observable. The Florida REALTORS® Seller's Property Disclosure form is commonly used and covers structural components, systems, legal issues, and property conditions. Even "as-is" sales require disclosure of known latent defects.
Environmental Hazards
RequiredFlorida requires disclosure of various environmental hazards. Sellers must provide a statutory radon gas disclosure statement before contract execution. The standard disclosure form asks about asbestos, defective drywall (Chinese drywall), lead-based paint, mold, and other toxic materials. Termite and wood-destroying organism infestations must also be disclosed.
Specific Hazards Covered:
Natural Hazards
RequiredAs of October 1, 2024, Florida requires a mandatory Flood Disclosure form (HB 1049). Sellers must disclose: (1) whether the property is in a flood zone, (2) any flood insurance claims filed, and (3) any federal disaster assistance received for flood damage. Sinkhole activity or repairs must also be disclosed under Florida Statute § 627.7073. The 2025 expansion requires disclosure of ALL flooding that damaged the property, not just insurance claims.
Specific Hazards Covered:
Key Points for Florida
- 1NEW LAW: Mandatory flood disclosure effective October 1, 2024 (HB 1049)
- 22025 EXPANSION: Must disclose all flooding damage, not just insurance claims
- 3Sinkhole disclosure is mandatory and Florida-specific (§ 627.7073)
- 4Radon gas statutory disclosure required before contract execution
- 5"As-is" sales do NOT exempt sellers from disclosing known material defects
- 6Johnson v. Davis case established duty to disclose material facts
- 7Real estate agents can be held liable for failing to disclose known flood risks
Timing Requirements
Flood disclosure must be provided at or before contract execution. Radon disclosure required before contract signing. Property condition disclosures should be provided as early as possible in the transaction.
Penalties for Non-Disclosure
Failure to disclose known defects may result in: rescission of the contract, monetary damages for repairs, punitive damages for willful non-disclosure, and professional discipline by FREC for real estate agents. Agents may also face personal liability for fraud or negligence.
Exemptions from Disclosure
The following transaction types may be exempt from disclosure requirements:
Official Florida Resources
2026 Florida Disclosure Updates
UpdatedKey regulatory changes affecting Florida real estate disclosures in 2026:
Flood Disclosure (FD-1) — Now Mandatory
As of October 1, 2024, Florida Statute requires sellers of residential real estate to provide a flood disclosure via the Standard Disclosure Form at or before contract execution. Sellers must disclose known flood risks, history of flooding, and any ineligibility for flood insurance. Failure to disclose can result in monetary damages, contract rescission, or punitive damages — and the liability extends to the seller's agent and broker if they knew of undisclosed flood risks.
Expanded Dual Agency Disclosure Language
Buyers and sellers now receive clearer explanations when one agent represents both parties, including potential conflicts and limitations on advocacy.
Refined Inspection Period Terms
Inspection timelines and buyer responsibilities are spelled out more explicitly in the 2026 FAR/BAR contracts, reducing confusion around deadlines and repair negotiations.
FinCEN Real Estate Report (March 2026)
Real estate professionals involved in non-financed transfers of residential property to legal entities or trusts must now file a Real Estate Report with FinCEN. This anti-money-laundering measure has a 30–60 day filing window after closing.
Post-NAR Settlement Impact
Written buyer representation agreements are now mandatory before showings — a new document category that TCs and agents must track in every Florida transaction.
Need help tracking disclosure deadlines and compliance? See the best transaction coordinator software for 2026 or learn more about the transaction coordinator role.
Delivering disclosures to clients? Browse our email templates for TCs or follow our TRID compliance timeline to stay on track from contract to close.
What Makes Florida Unique
Florida is unusual in that there is no state-mandated disclosure form. While the Florida Association of Realtors provides a standard Residential Seller's Property Disclosure form, its use is voluntary — not required by law. This makes Florida different from states like California, which requires multiple extensive disclosure documents.
However, sellers are far from off the hook. The landmark Florida Supreme Court case Johnson v. Davis (1985) established that sellers have a duty to disclose any known facts that materially affect the property's value and are not readily observable to the buyer. This duty applies even in “as is” sales — the “as is” designation does not eliminate the obligation to disclose known latent defects (per Rayner v. Wise Realty Co.).
Under Florida Statute § 475.278, real estate brokers and agents also have an independent obligation to disclose all known material facts — even facts the seller may not be aware of. If an agent sold the same property years ago and knew of a defect, they must disclose it regardless of whether the current seller knows.
Florida-Specific Disclosure Requirements:
Florida is not an attorney state — title companies handle closings in most transactions. However, some complex transactions (especially commercial or multi-party deals) may benefit from attorney involvement. See the full attorney vs. title states guide.
Florida Disclosure FAQ
Does Florida require a seller disclosure form?
No. Florida does not mandate a specific disclosure form by law. However, sellers are legally required to disclose all known material defects under the Johnson v. Davis ruling. The Florida Realtors Residential Seller's Property Disclosure form is widely used but voluntary.
What happens if a Florida seller doesn't disclose a defect?
The buyer can pursue legal action for damages, contract rescission, or in cases of intentional concealment, punitive damages. The seller's real estate agent and broker may also be held liable if they knew of the undisclosed defect.
Do Florida "as is" sales require disclosures?
Yes. Selling “as is” does not eliminate the seller's obligation to disclose known latent defects. The Florida courts have specifically held that disclosure duties apply to “as is” transactions.
What is the Florida flood disclosure requirement?
As of October 2024, Florida sellers must provide a flood disclosure (FD-1) at or before contract execution, disclosing known flood risks, flooding history, and flood insurance eligibility status. This applies to all residential real estate sales.
Do Florida real estate agents have disclosure obligations?
Yes. Under Florida Statute § 475.278, agents must disclose all known facts that materially affect the value of residential property and are not readily observable to the buyer — even facts the seller doesn't know about.
Last updated: April 3, 2026