Miami Listing Requirements — Material Fact Disclosure, Coastal Documentation, and MIAMI MLS

Florida's Johnson v. Davis disclosure standard, Miami-specific coastal items, condominium documentation, and MIAMI Association MLS submission in one workflow

Johnson v. Davis material-fact aligned
Coastal and wind documentation
MIAMI MLS submission ready
Pre-1978 lead paint addendum

Key Information

Miami listing agents work under Florida's common-law disclosure standard set in Johnson v. Davis (1985): sellers must disclose material facts that materially affect the value of the property and are not readily observable. There is no single mandatory statutory form, but coastal-property disclosures (flood, wind, hurricane), condominium documentation (Fla. Stat. §718.503), and federal lead paint for pre-1978 buildings all apply. MIAMI Association MLS is the dominant MLS. California has a recent AI photo disclosure law (effective 2026); Florida does not currently have an equivalent.

Pricing: Starting $99/month

Time Required: Complete Miami listing package in one workflow

The Problem

Miami listing risk is built on a common-law disclosure standard rather than a single statutory form, which sellers and newer agents underestimate. Johnson v. Davis (1985) imposes an affirmative duty to disclose known material facts not readily observable. Coastal items (flood zone, wind mitigation, hurricane history), condominium documentation, and federal lead paint on pre-1978 buildings all stack — and the practical industry form (the FR/BAR Seller's Property Disclosure) is voluntary but widely used.

The Solution

BuildMyListing prepares complete Miami listing packages: Johnson v. Davis material-fact documentation, FR/BAR-style disclosure support, coastal/wind/flood documentation, condominium documentation for the Miami high-rise market, federal lead paint for pre-1978 buildings, and photos formatted for MIAMI Association MLS — all in one workflow.

Key Features

Johnson v. Davis Material-Fact Documentation

Document material facts known to the seller that affect property value and are not readily observable by the buyer. This is the affirmative disclosure duty Florida courts have imposed since 1985.

Benefit: Common-law duty captured in writing for every Miami listing

Coastal and Wind Documentation

Structured prompts for Miami-specific items: FEMA flood zone designation, wind mitigation features and inspection results, hurricane history and insurance claims, and seawall/dock condition for waterfront properties.

Benefit: Coastal-property disclosures handled by default

Condominium Documentation Support

Miami's dominant condo inventory triggers Fla. Stat. §718.503 documentation: governing documents, financial statements, frequently asked questions and answers, and any pending litigation or special assessments.

Benefit: Condo-specific disclosure documentation organized for delivery

MIAMI Association MLS Photo Formatting

Auto-format photos to MIAMI Association of REALTORS MLS specifications. MIAMI MLS is the dominant MLS for Miami-Dade and Broward.

Benefit: MIAMI MLS submission ready with no manual resizing

How It Works

1

Enter Property and Coastal Details

Input Miami address, construction year, building type (single-family, condo, townhouse), FEMA flood zone, wind mitigation inspection, and known condition items. BuildMyListing flags applicable disclosure categories.

2

Document Material Facts and Coastal Items

Walk through Johnson v. Davis material-fact prompts, condominium documentation if applicable, coastal-property items, and federal lead paint for pre-1978 buildings.

3

Generate MIAMI MLS Package

Download formatted photos, a marketing-ready property description, and a compliance summary documenting the disclosure process and coastal items.

Compliance Reference

RequirementSourceWhat It CoversMiami Notes
Material-fact disclosure dutyJohnson v. Davis, 480 So. 2d 625 (Fla. 1985)Affirmative duty to disclose facts materially affecting value and not readily observableFlorida's foundational seller disclosure standard — no single statutory form
FR/BAR Seller's Property DisclosureIndustry-standard form (Florida Realtors and Florida Bar)Practical written form documenting known property conditionsVoluntary but widely used in Miami transactions
Coastal property tax disclosureFla. Stat. §689.261Notice that property tax will be reassessed at sale, potentially raising taxes substantiallyRequired in residential resales in Florida
Condominium disclosure packageFla. Stat. §718.503Governing documents, financials, FAQs, pending litigation, special assessmentsRequired for most Miami condo sales — central to Miami's listing landscape
Radon gas disclosureFla. Stat. §404.056Statutory notice that radon gas may be present; testing recommendedRequired notice in residential transactions
Federal lead-based paint disclosure42 U.S.C. §4852dEPA pamphlet, disclosure form, 10-day inspection opportunityPre-1978 stock in older Miami neighborhoods — Little Havana, Coconut Grove, parts of MiMo
MIAMI Association MLS standardsMIAMI Association of REALTORS MLS rulesListing input, photo specifications, accuracyMLS rules vary; consult MIAMI MLS member documentation for current specifications
Fair Housing compliance in listing copy42 U.S.C. §3604Prohibited preferences, descriptions, or limitations based on protected classMIAMI MLS enforces against violative language in listing input

Common Use Cases

Brickell High-Rise Condo Resale

Scenario: 2010 high-rise condo in Brickell with mandatory association, pending special assessment for facade work, and history of one settled insurance claim post-Irma. Fla. Stat. §718.503 condo documentation required.

Process: Document Johnson v. Davis material facts (assessment, prior claim) → Order condo association documents under §718.503 → Format MIAMI MLS photos → Generate compliance summary

Compliance: Material-fact + §718.503 + Irma history documented, MIAMI MLS-ready

Coconut Grove Pre-1978 Single-Family

Scenario: 1960 single-family in Coconut Grove. Pre-1978 triggers federal lead paint. Property is in a wind-borne debris region with hurricane shutters installed. No flood zone.

Process: Document material facts including hurricane mitigation features → Federal lead paint disclosure → Wind mitigation inspection documentation → MIAMI MLS photo package

Compliance: Material-fact + lead paint + wind mitigation documented

Miami Beach Waterfront with Seawall

Scenario: 1995 single-family on Indian Creek in Miami Beach with private seawall, dock, and FEMA AE flood zone. Prior repair to seawall (2020) and dock (2022).

Process: Document seawall and dock repair history → FEMA flood zone disclosure → Material facts on waterfront condition → MIAMI MLS photo formatting

Compliance: Material-fact + coastal + repair history documented, MIAMI-ready

Doral New-Construction Resale with HOA

Scenario: 2018 single-family in Doral with mandatory HOA, no pre-1978 lead paint requirement, in a wind-borne debris region. No flood zone.

Process: Document Johnson v. Davis material facts → HOA documentation under §720.401 → Wind mitigation inspection → MIAMI MLS photo formatting

Compliance: Material-fact + HOA documentation + wind mitigation complete

Frequently Asked Questions

What disclosure does a Miami seller have to provide?
Florida does not mandate a single statutory disclosure form for residential resales. The governing standard is the Florida Supreme Court's decision in Johnson v. Davis (1985), which imposes an affirmative duty on sellers to disclose facts that materially affect the value of the property and are not readily observable by the buyer. The practical industry form is the FR/BAR Seller's Property Disclosure, which is voluntary but widely used. Separately, Fla. Stat. §404.056 requires a radon gas notice and Fla. Stat. §689.261 requires the property tax reassessment notice.
What does Johnson v. Davis require of Miami sellers?
Johnson v. Davis (480 So. 2d 625) requires a residential seller to disclose facts that are within the seller's knowledge, materially affect the value of the property, and are not readily observable or known to the buyer. The duty is affirmative — silence about a known material fact can support a fraud claim. The case has been the foundation of Florida residential disclosure law for nearly 40 years.
What condominium documentation is required for Miami condo sales?
Fla. Stat. §718.503 requires the seller of a condominium unit to provide the buyer with the declaration of condominium, bylaws, articles of incorporation, governing rules, the most recent financial statements, frequently asked questions and answers, and disclosure of any pending litigation or special assessments. The buyer has a statutory right to cancel within 3 business days after receipt for resales — within 15 days for new construction. This is central to Miami's condo-dominated market.
Does federal lead-based paint disclosure apply in Miami?
Yes. The federal EPA/HUD Lead-Based Paint Disclosure Rule (42 U.S.C. §4852d) applies to any sale or rental of housing built before 1978 in all 50 states. Miami has pre-1978 stock in older neighborhoods including Little Havana, parts of Coconut Grove, MiMo (Miami Modern), and parts of Miami Beach. Sellers must provide the EPA pamphlet, complete the disclosure form, and offer a 10-day inspection opportunity.
What MLS rules apply to Miami photos and listing input?
Most Miami-area listings are placed on the MIAMI Association of REALTORS MLS, the dominant MLS for Miami-Dade and Broward. MIAMI MLS publishes member rules covering listing input, photo specifications, accuracy standards, and prohibited misrepresentations. MLS rules vary and can change; consult MIAMI MLS member documentation for current specifications. BuildMyListing maintains MIAMI MLS-aligned formatting profiles.
Does Florida require flood zone or wind mitigation disclosure?
Florida does not have a single statutory flood disclosure form, but flood zone status is widely treated as a material fact under Johnson v. Davis, particularly for Miami coastal and low-lying properties. Wind mitigation inspections are commonly performed because they affect insurance premiums; sellers should disclose known wind mitigation features and inspection results as material facts. FEMA flood zone is typically obtained from a third-party report.
Does Florida have an AI photo disclosure law for real estate listings?
California has a recent AI photo disclosure law that took effect in 2026 affecting California listings; Florida does not currently have an equivalent statute. Florida agents working cross-border or serving California-based clients may want to apply AI alteration tracking voluntarily. BuildMyListing tracks alterations on every listing so documentation exists if it's ever needed.
What is the property tax reassessment notice for Florida sales?
Fla. Stat. §689.261 requires sellers to provide a written notice to buyers that the property's tax assessment may be re-assessed at the sale, potentially resulting in a significantly higher tax bill. This is because Florida's Save Our Homes cap limits annual assessment increases for the current owner but resets on transfer. The notice is required for residential sales.
What if a known material fact is omitted from a Miami listing?
Omission of a known material fact that is not readily observable can support a Johnson v. Davis claim, with remedies including rescission, compensatory damages, and in cases of established fraud, punitive damages. The Florida Real Estate Commission also has authority to discipline real estate licensees who knowingly assist in concealment. Documentation in writing — typically via the FR/BAR Seller's Property Disclosure — is the most effective defense.
Should I consult an attorney for Miami listing disclosure questions?
Yes — particularly for condominium sales (where §718.503 documentation is required), waterfront properties (seawall, dock, riparian rights), or properties with prior insurance claims or unusual conditions. Florida transactions are typically handled with title and the closing agent, but a licensed Florida attorney can be valuable for complex disclosures. BuildMyListing's documentation supports the process but does not replace legal advice.

Ready to Get Started?

Transform your listing photos with AI-powered enhancement and automatic AB 723 compliance tracking.

Join the Waitlist