Whether you list with a full-service agent or sell flat-fee/FSBO, your disclosure obligations are the same under Florida law. Getting this right protects you from disputes after closing.
The core rule: Johnson v. Davis
Florida's landmark case Johnson v. Davis established that a seller must disclose known material defects that are not readily observable to the buyer and that materially affect the property's value. This applies to all residential sellers — agent-listed or FSBO.
What that means in practice
You should disclose known issues such as:
- Roof leaks, prior or active water intrusion, or mold
- Structural problems or foundation/settlement issues
- Plumbing, electrical, HVAC, or septic/well defects
- Past flooding, sinkhole activity, or drainage problems
- Permitting issues or unpermitted work
- HOA/condo assessments, litigation, or special assessments
The property disclosure form
Most Florida sellers complete a Seller's Property Disclosure form documenting the home's condition and known issues. It's the simplest way to satisfy your duty in writing — and we include the standard contract and disclosure documents with every flat fee listing.
Rule of thumb: when in doubt, disclose. Over-disclosing protects you; hiding a known defect can lead to a lawsuit after closing.
A few specifics worth noting
- Property taxes: Florida requires a notice that a buyer's taxes may differ from the seller's (the Save Our Homes cap resets on sale).
- Coastal/flood: flood history and elevation can be material — disclose what you know.
- Radon & lead: a radon notice is standard, and federal lead-paint disclosure applies to pre-1978 homes.
This is general information, not legal advice — consult a Florida real estate attorney for your situation. Need the paperwork handled correctly? Our title and closing support keeps your sale compliant from contract to closing.