Florida Seller Disclosure Requirements | Real Estate Listing Compliance

Key Information

Florida does not have a single statutory seller disclosure form, but sellers and listing agents have a common-law duty under Johnson v. Davis (1985) to disclose all known material defects not readily observable by a buyer — and separate statutory requirements mandate disclosures for radon (Florida Statutes §404.056), energy efficiency ratings (§689.261), homeowners association membership (§720.401), and federal lead-based paint rules for pre-1978 homes. BuildMyListing helps Florida agents compile and document all required disclosures at listing time.

Pricing: Starting $99/month

Time Required: Complete disclosure package in one workflow

The Problem

Unlike states with a mandatory standardized disclosure form, Florida's seller disclosure obligations are spread across case law, statute, and federal regulation. Missing any layer — especially the Johnson v. Davis material defect duty — creates significant liability exposure for listing agents and sellers.

The Solution

BuildMyListing helps Florida listing agents compile property condition information, flag required statutory disclosures, and generate professional listing packages with compliance documentation — so nothing falls through the cracks at listing time.

Key Features

Property Condition Documentation

Gather and document known material defects in a structured format that supports the seller's Johnson v. Davis disclosure obligations — roof condition, HVAC age, flood history, structural issues, and more.

Benefit: Defensible documentation of the disclosure conversation

Statutory Notice Checklist

Built-in checklist covers Florida's required statutory disclosures: radon gas notice (§404.056), energy efficiency disclosure (§689.261), HOA/community disclosure (§720.401), and federal lead-based paint addendum for pre-1978 homes.

Benefit: Never miss a mandatory Florida notice again

Flood Zone Documentation

Florida's FEMA flood zone exposure is one of the most common sources of buyer disputes. BuildMyListing surfaces flood zone designation and NFIP insurance requirements as part of the listing package.

Benefit: Reduce post-closing disputes on Florida's most litigated issue

MLS-Ready Listing Package

Generate professional listing materials — enhanced photos, MLS description, flyers — alongside the compliance documentation in one workflow. No separate tools or manual assembly.

Benefit: Listing-ready in one session

How It Works

Enter Property Details and Known Conditions

Input the property address, construction year, and any known material conditions. BuildMyListing flags required statutory disclosures based on property type, age, and HOA status.

Generate Compliance Checklist

A Florida-specific disclosure checklist is generated showing which statutory notices apply, which require seller signatures, and which must be provided before contract execution.

Download Listing Package with Documentation

Download the full listing package: enhanced photos, MLS description, disclosure checklist, and a compliance summary for your broker file — all timestamped and ready to share with the seller.

Compliance Reference

Disclosure Requirement	Legal Basis	When Required	Notes
Material defects not readily observable	Common law — Johnson v. Davis, 480 So.2d 625 (Fla. 1985)	Any residential sale	Applies to known defects that materially affect property value. Caveat emptor does not apply in Florida residential sales.
Radon gas notice	Florida Statutes §404.056(5)	Any Florida property sale	Standardized statutory language required. Seller and buyer must acknowledge in writing.
Energy efficiency disclosure	Florida Statutes §689.261	Residential sales	Information package about energy-efficient features must be provided before contract execution.
HOA/community disclosure	Florida Statutes §720.401	Properties subject to HOA	Prospective buyer must receive HOA disclosure summary before executing a contract; buyer has 3-day right of rescission.
Lead-based paint disclosure	42 U.S.C. §4852d (federal)	Homes built before 1978	Federal law — EPA/HUD Lead-Based Paint Disclosure Rule. Seller must provide disclosure and EPA pamphlet; buyer has 10-day inspection right.
Homestead status and taxes	Florida Constitution Art. VII §6	Any sale	Agents should note that homestead exemption does not transfer and new owner's taxes may increase substantially after sale.
Mold disclosure	Common law + Florida Statutes §718.111(3) (condos)	Where mold is known	No standalone mold disclosure statute for single-family homes, but known mold falls under Johnson v. Davis material defect duty.

Common Use Cases

Pre-1978 Single-Family Home with HOA

Scenario: Agent listing a 1965 home in a gated community. Multiple disclosure layers apply: lead paint (federal), radon (§404.056), energy (§689.261), HOA (§720.401), plus any known material defects.

Process: Enter property details → BuildMyListing flags all four required disclosure categories → Generate compliance checklist → Download with listing package for broker file

Compliance: All mandatory Florida and federal disclosure requirements documented before listing goes live

Waterfront Property with Flood History

Scenario: Agent listing a waterfront home that flooded during Hurricane Ian. Known material defect (flood damage and remediation) must be disclosed under Johnson v. Davis.

Process: Document flood event and remediation in property condition section → BuildMyListing generates disclosure language and flags for attorney review → Listing package includes written disclosure record

Compliance: Reduces post-closing dispute risk on Florida's most common litigation trigger

Frequently Asked Questions

Does Florida require a specific seller disclosure form?

No. Unlike Texas or Washington, Florida does not have a single mandatory statutory seller disclosure form. Instead, disclosure obligations come from Florida case law (primarily Johnson v. Davis), multiple specific statutes covering radon, energy efficiency, HOA membership, and mold in condos, plus federal requirements for lead-based paint. Florida Realtors provides a voluntary Seller's Real Property Disclosure Statement form that agents commonly use — but it is not required by statute.

What is Johnson v. Davis and what does it require?

Johnson v. Davis, 480 So.2d 625 (Fla. 1985) is the landmark Florida Supreme Court case that abolished caveat emptor in residential real estate sales. Under Johnson v. Davis, sellers must disclose all known facts that materially affect the value of the property and that are not readily observable or known to the buyer. This is a common-law duty — it applies regardless of whether a formal disclosure form is signed. Failure to disclose known material defects exposes the seller and their agent to rescission, damages, and DRE discipline.

Is radon disclosure required in Florida?

Yes. Florida Statutes §404.056(5) requires that every contract for the sale of a residential building include a radon disclosure notice using specific statutory language. The notice informs buyers that radon gas naturally occurs in Florida and may present health risks. Both buyer and seller must acknowledge the notice in writing. This is a mandatory requirement regardless of whether radon testing has been performed.

What is the Florida energy efficiency disclosure requirement?

Florida Statutes §689.261 requires that sellers provide buyers with an information package about energy-efficiency features of the property before contract execution. The Florida Department of Agriculture and Consumer Services provides standardized energy disclosure documents. This requirement applies to residential real estate sales and is separate from the Johnson v. Davis material defect disclosure.

What is the HOA disclosure requirement under §720.401?

Florida Statutes §720.401 requires that before a buyer executes a contract for a property subject to a homeowners association, the seller must provide the buyer with a disclosure summary. The disclosure must include HOA fees, pending special assessments, and a notice of the buyer's right to receive the HOA documents. After receiving the disclosure, the buyer has 3 business days to cancel the contract (right of rescission). If no disclosure is provided, the buyer may void the contract at closing.

When does Florida's lead-based paint disclosure apply?

Federal law — not Florida law — requires lead-based paint disclosure for the sale of housing built before 1978. Under the EPA/HUD Lead Disclosure Rule (42 U.S.C. §4852d), sellers must: (1) provide buyers with a lead-based paint disclosure form, (2) provide the EPA pamphlet 'Protect Your Family From Lead in Your Home,' (3) disclose any known lead-based paint or hazards, and (4) give buyers 10 days to conduct an inspection. This applies nationwide, including in Florida, and violations can result in civil penalties.

Does Florida require flood zone disclosure?

Florida does not have a standalone flood zone disclosure statute for single-family homes (as of early 2026), but known flood history is a material defect subject to Johnson v. Davis disclosure. Florida Realtors' voluntary disclosure form includes a flood section. Note: Florida SB 7028 (signed 2024) requires sellers to disclose federal flood zone designation and flood insurance requirements in certain sale contracts — agents should confirm current requirements with their broker or attorney as this area has been evolving.

What are the penalties for non-disclosure in Florida?

A seller who fails to disclose a known material defect faces potential rescission of the sale (buyer can unwind the transaction), civil damages for repair costs, and possibly punitive damages if fraud is established. The listing agent may face Florida Real Estate Commission (FREC) discipline under §475.25, including fines and license suspension, if they knew or should have known about the defect. Both seller and agent can be named in a non-disclosure lawsuit.

How does Florida disclosure compare to other states?

Florida is a disclosure state but without a single mandatory form — which can create confusion. States like Texas (Property Code §5.008), Washington (RCW 64.06, Form 17), and Georgia have mandated standardized forms. New York's Property Condition Disclosure Act (PCDA) technically requires a form but allows sellers to avoid it by paying the buyer a $500 credit. California has AB 723 for photo alterations plus extensive Transfer Disclosure Statement requirements. Florida's common-law approach means disclosure documentation is more at the agent's discretion — making a documented process essential.

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Florida Listing Disclosure Requirements — What Agents Must Know