Florida Seller’s Disclosure Guide 2026 | What Must Be Disclosed

Florida law places a clear duty on sellers of residential property to disclose all known material defects that are not readily observable and that would affect the value or desirability of the property. This duty was established by the Florida Supreme Court in the landmark case of Johnson v. Davis (1985) and has been codified and expanded since then. Understanding what must be disclosed — and what happens when sellers fail to disclose — is essential for every Florida home seller and every buyer reviewing a disclosure form.

One of the most common misconceptions in Florida real estate is that selling a home AS-IS eliminates the seller’s disclosure obligation. It does not. The AS-IS designation in the Florida Realtors/Florida Bar contract means the seller will not make repairs — it does not mean the seller can hide known defects. A seller who knowingly conceals a material defect in an AS-IS transaction faces the same legal liability as in any other transaction.

The Seller Property Disclosure and Disclaimer (SPDR) form, published by Florida Realtors, is the standard form used in most residential transactions. It covers dozens of categories including roof condition, HVAC systems, plumbing, electrical, foundation, environmental hazards, flooding history, deed restrictions, HOA information, and neighborhood conditions. Completing this form accurately — and completely — is one of the most important steps in the selling process.

This guide covers everything Tampa Bay home sellers need to know about disclosure requirements: what the law requires, which defects are most commonly at issue in litigation, how flood zone and sinkhole disclosures work, what happens if you don’t disclose, and how the AS-IS vs. repair vs. credit negotiation strategy plays out in the Tampa Bay market.

The Legal Foundation: Florida Statute 689.261 and Johnson v. Davis

Florida Statute 689.261 establishes the baseline disclosure framework for residential real estate. The statute requires sellers to deliver a disclosure form to buyers prior to or at the time the buyer executes the contract. If the seller delivers the disclosure after contract execution, the buyer has the right to cancel the contract within three days of receipt without penalty.

The duty to disclose under Johnson v. Davis applies to facts that: (1) materially affect the value of the property; (2) are not readily observable by the buyer; and (3) are known to the seller. This three-part test is the cornerstone of Florida disclosure law. If all three elements are present, disclosure is required — period, regardless of contract type.

Material defects include physical conditions of the property, environmental issues, legal encumbrances that affect use, and neighborhood conditions not visible from the property. The standard is whether a reasonable buyer would consider the information important to their decision to purchase or to the price they would pay. If yes, it must be disclosed.

What MUST Be Disclosed in Florida

Category	What Must Be Disclosed	Why It Matters
Roof	Active leaks, past leaks, repairs, age if known, condition	Roof condition directly affects insurability and value; most litigated disclosure issue in FL
Plumbing	Leaks, polybutylene pipe presence, sewer line issues, slow drains caused by known defects	Plumbing failures are expensive and can cause mold
Foundation / Structure	Cracks, settling, sinkhole activity, repairs, engineer reports	Structural issues can make a property uninsurable or unsaleable
Mold	Known presence of mold, prior mold remediation, water intrusion history	Mold is a health hazard and a major red flag for buyers and lenders
Pest Damage	Termite damage, wood-destroying organism treatment history	Active infestations and prior structural damage from WDOs must be disclosed
Flooding / Water Intrusion	Flooding history inside the home, water intrusion from any source, FEMA claims	Critical in Tampa Bay — storm surge, heavy rain flooding, and drainage issues are common
Sinkholes	Known sinkhole activity, sinkhole claims or repairs, geological engineering reports	Florida has one of the highest sinkhole rates in the US; Pasco and Hernando counties especially
Deed Restrictions	Easements, deed restrictions, covenants that affect property use	Restrictions on use (no fence, no RV parking, setback limits) must be disclosed
HOA Issues	Pending special assessments, violations, pending litigation involving the HOA	Buyers who inherit HOA violations or assessments have legal recourse against sellers
Neighborhood Nuisances	Airport flight paths, planned commercial development, industrial facilities, noise sources	Conditions that materially affect value and aren’t obvious from a property visit
HVAC / Electrical	Known system failures, age of systems, aluminum wiring, panel issues	Failing systems and known electrical hazards are classic material defects

What Does NOT Need to Be Disclosed in Florida

Florida law specifically carves out certain categories from the seller’s disclosure obligation. These are known as stigmatized property protections and exist to prevent discrimination and protect property values from being affected by non-physical conditions.

Category	Florida Law
Death on the property	Florida Statute 689.25 — sellers and agents are NOT required to disclose that a death (including murder or suicide) occurred on the property
HIV/AIDS status of occupant	Florida Statute 689.25 — disclosure of a prior occupant’s HIV/AIDS status is expressly prohibited
Paranormal beliefs	No disclosure required for “haunted” property claims or paranormal activity beliefs
Sex offender registry status of neighbors	Sellers are not required to disclose neighbor’s registry status — buyers must search the public registry themselves

AS-IS Contracts in Florida: What They Do and Don’t Mean

The Florida Realtors AS-IS Residential Contract for Sale and Purchase is the most commonly used contract form in Tampa Bay for resale transactions. The “AS-IS” designation means the seller agrees to sell and the buyer agrees to accept the property in its current condition — the seller is not obligated to make repairs based on inspection findings.

What AS-IS does NOT mean:

• It does not eliminate the seller’s duty to disclose known material defects
• It does not prevent the buyer from inspecting the property during the inspection period
• It does not prevent the buyer from walking away during the inspection period if they are unsatisfied with the property’s condition
• It does not protect a seller who actively conceals a defect or makes misrepresentations

The AS-IS contract gives sellers certainty that they won’t be asked to make repairs after inspections. It gives buyers the right to inspect and to cancel — but if they choose to close, they accept the property as-is. The disclosure obligation runs parallel to and is not affected by the AS-IS designation.

Flood Zone Disclosure Requirements in Tampa Bay

Florida Statute 689.261 requires sellers to disclose if the property is located in a Special Flood Hazard Area (SFHA) as designated by FEMA. This is a separate and specific disclosure requirement beyond the general material defect obligation. In Tampa Bay — a coastal metro with significant flood risk throughout Hillsborough, Pinellas, and Manatee counties — flood zone disclosure is critically important.

Sellers must also disclose:

• Any history of flooding inside the home (not just the flood zone designation)
• Any FEMA flood insurance claims on the property
• Whether the property has been substantially damaged or improved as defined by FEMA (this affects elevation certificate and flood insurance requirements)
• Whether flood insurance is required by a lender for the property

After Hurricane Ian (2022) and Hurricane Helene and Milton (2024), flood disclosure has become one of the most scrutinized areas of Tampa Bay real estate transactions. Buyers are highly sensitized to flood risk and sellers who fail to disclose flooding history face significant legal exposure.

Sinkhole Disclosure in Florida

Florida has a unique geological profile that makes sinkhole activity relatively common, particularly in the Pasco County, Hernando County, and parts of Hillsborough County that sit above karst limestone geology. Florida law requires specific sinkhole disclosures:

• Sellers must disclose any known sinkhole activity on the property
• Any sinkhole insurance claims must be disclosed
• Any sinkhole repair or remediation work must be disclosed, along with engineering reports and permits
• Sellers must provide a copy of any geotechnical or engineering reports related to sinkhole activity

A four-point inspection (commonly required by insurance carriers for older homes) covers the roof, HVAC, plumbing, and electrical systems. While not a sinkhole inspection, four-point findings related to structural cracks or settling can trigger additional scrutiny and disclosure obligations.

The Seller Property Disclosure Report (SPDR)

The Seller Property Disclosure and Disclaimer (SPDR) is a comprehensive questionnaire published by Florida Realtors that sellers complete to document their disclosures. It covers:

SPDR Section	Key Questions Covered
Property/Land	Flooding, drainage, fill, soil stability, easements, encroachments, boundary disputes
Structural	Foundation issues, settling, sinkhole activity, roof condition and age, structural repairs
Mechanical Systems	HVAC age and condition, plumbing type and issues, electrical panel and wiring type
Environmental	Mold, lead paint (pre-1978 homes), asbestos, underground storage tanks, hazardous materials
Legal / HOA	Deed restrictions, HOA dues and violations, pending assessments, litigation, permits
Neighborhood	Airport noise zones, planned developments, nuisances, Megan’s Law registry awareness

Consequences of Non-Disclosure in Florida

The consequences of failing to disclose a known material defect in Florida can be severe and long-lasting. Florida courts have consistently held that sellers who misrepresent or conceal material facts may be held liable well after closing. The primary remedies available to buyers include:

Legal Remedy	What It Means for the Seller
Rescission	The sale is voided — the buyer gets their money back and returns the property. This is the primary remedy for material non-disclosure in Florida.
Compensatory damages	The buyer keeps the property but the seller pays for the cost to cure the undisclosed defect, diminution in value, or other economic losses.
Fraud / misrepresentation	If the seller actively concealed a defect or made false statements, the buyer can pursue a fraud claim — potentially including punitive damages.
Real estate license complaint	If a licensed real estate agent participated in concealment, a DBPR complaint can result in license suspension or revocation.

How Long Is the Seller Liable After Closing?

Florida’s statute of limitations for fraud claims is generally four years from the date the fraud was discovered (or should have been discovered). For written contract claims, the limitations period is five years. This means a seller can face litigation years after the closing if the buyer discovers an undisclosed defect that the seller knew about. There is no short “safe harbor” after which sellers are protected — disclosure obligations and potential liability survive the closing date.

AS-IS vs. Repair vs. Credit: Negotiation Strategy for Tampa Bay Sellers

When inspection findings come in, Tampa Bay sellers face three basic negotiation paths:

1. AS-IS (No Repairs, No Credits): The seller makes no concessions. This works when the property is priced to reflect its condition, when the seller has disclosed all issues upfront, or when market conditions strongly favor the seller. Risk: the buyer may walk away or renegotiate more aggressively at the next inspection period.
2. Repair Before Closing: The seller addresses specific inspection findings by completing repairs before closing, typically with licensed contractors. This approach often produces the highest net sale price because buyers pay full price for a fully functioning home. Risk: repairs may cost more than expected, uncover additional issues, or not meet buyer approval.
3. Closing Cost Credit: The seller reduces the net proceeds by offering the buyer a closing cost credit in lieu of repairs. The buyer closes and uses the credit to address issues after closing. This is the most common resolution in Tampa Bay — it’s clean, fast, and quantifiable. The credit is applied at closing and shown on the closing disclosure.

Barrett Henry advises sellers on which approach optimizes their net proceeds based on the specific defects, the market, and the buyer’s profile. A $5,000 credit on a $450,000 transaction is often far better than a $3,000 repair and a delayed closing — or worse, a buyer who walks and a property that re-enters the market with a stigmatized inspection history.