Expert guidance for Florida home sellers.
Florida has strict disclosure requirements based on the landmark Johnson v. Davis (1985) Supreme Court decision.
The Johnson v. Davis Rule: Sellers must disclose all known material facts that affect the value of the property and are not readily observable by the buyer.
What Counts as a Material Fact:
• Known structural defects (foundation, roof, walls)
• Water damage or flooding history
• Mold or mildew issues
• Pest damage (termites, wood rot)
• Plumbing or electrical problems
• Environmental hazards (lead paint, asbestos, radon)
• HOA disputes or special assessments
• Previous insurance claims
• Easements or encumbrances
• Zoning changes or pending development
Florida Seller's Property Disclosure: While not legally required in all transactions, completing the standard Florida Seller's Property Disclosure form is strongly recommended. It creates a documented record of what you disclosed.
Consequences of Non-Disclosure: Failure to disclose material defects can result in lawsuits for damages, rescission of the sale, and punitive damages in cases of fraud or intentional concealment.
Tip: When in doubt, disclose. Transparency protects you from future liability and builds buyer confidence.