Buying a home is a major investment, and the last thing any buyer wants is to discover hidden defects after closing. In Florida, sellers have a legal obligation to disclose known property defects that could impact the home’s value or safety. But what happens if a seller withholds important information? Can a buyer take legal action? The short answer is yes! A buyer can sue a seller for failure to disclose. Here’s what you need to know

Florida’s Seller Disclosure Laws

Florida follows the Johnson v. Davis (1985) ruling, which requires sellers to disclose known material defects that are not easily visible to a buyer. Sellers must disclose any known defects that could affect the property’s value, including:

  • Water damage and leaks (roof, plumbing, flooding or mold)
  • Foundation or structural issues (cracks, settling, past repairs)
  • Termite or pest damage that affects the home’s integrity
  • Electrical, plumbing or HVAC system failures
  • Past fire or smoke damage
  • Sinkhole activity or soil movement
  • Presence of hazardous materials (asbestos, radon, lead paint)

If the seller knows about these issues but fails to disclose them, the buyer may have legal grounds for a lawsuit.

When Can a Buyer Sue a Seller?

A buyer can sue a seller if they can prove:

  • The seller knew about the defect – If the issue existed before the sale and the seller was aware but failed to disclose it, they may be liable.
  • The defect was not easily discoverable – If the problem was hidden and not something a typical home inspection would reveal, the buyer has a stronger case.
  • The defect is significant – Minor cosmetic issues won’t hold up in court, but major problems affecting the home’s value or safety will.
  • The buyer suffered financial loss – If the buyer incurs repair costs, a decrease in property value or other financial damages, they may seek compensation.
How to Protect Yourself as a Buyer

No one wants to get into a legal kerfuffle if they don’t have to. As a buyer, do your due diligence ahead of the sale to mitigate risks and go into the purchase as informed as possible. Request a seller’s disclosure form in writing so you have the best protection if you do have to later go to court, and be sure also to hire a licensed inspector to check for hidden defects in the home. Whether or not a defect proves to be a deal-breaker for you, it’s still wise to know what you are getting into. You may also be able to use this information as leverage during negotiation. 

Lastly, consult a real estate attorney. If you suspect non-disclosure, legal guidance can help you determine your options. Our team at the Law Offices of Alex D. Sirulnik, P.A. and ADS Title Services, Inc. are here to help. Call us today to ask your questions.