Buying a home is a major milestone, but what happens when you find out the seller wasn’t entirely honest about the property’s condition? In Florida, sellers are legally required to disclose certain known issues, and if they fail to do so, buyers may have options, including potentially walking away from the deal.

If you’re under contract or recently closed on a home and suspect the seller withheld important information, here’s what you need to know about your rights and whether you can back out of the purchase.

Florida’s Legal Duty to Disclose

Florida follows what’s known as the Johnson v. Davis (1985) ruling, which is a legal precedent that requires sellers to inform buyers of any known material defects that aren’t readily apparent. 

This includes structural problems like a leaky roof, foundation damage or faulty wiring, as well as environmental hazards such as mold issues. The seller’s obligation is a legal one, and “I didn’t think it mattered” won’t hold up in court. This duty to disclose applies even in “as-is” sales.

Can You Back Out Before Closing?

Yes, but it depends on timing and your contract. Most Florida real estate contracts include a home inspection period, typically 10-15 days, during which the buyer can cancel the contract for any reason, including the discovery of non-disclosed issues.

If the seller failed to disclose something material, and you discover it during this inspection window, you may be able to:

  • Cancel the contract and receive your earnest money back
  • Negotiate repairs or a price reduction
  • Request additional time for further inspection or expert evaluation

If you have any doubts, hesitations or questions of any kind (and even if you don’t), it’s always advisable to seek the guidance of an experienced real estate attorney.

What If You’ve Already Closed?

Things get trickier after the closing table, but you may still have options. If you uncover serious defects after closing that were not disclosed and can prove the seller knew about the issue and intentionally failed to disclose it, you may be able to sue for damages (such as repair costs or loss in property value), file a fraud or misrepresentation claim or, in severe instances, request contract rescission.

In these situations, working with a qualified real estate attorney is essential. You’ll need documentation such as inspection reports, expert assessments or communications that show the seller’s knowledge of the defect.

How to Protect Yourself as a Buyer

Even though you can take legal action, prevention is the best defense. Here’s how to protect yourself before and during a Florida home purchase:

  • Hire a reputable home inspector and attend the inspection
  • Ask questions about past repairs, insurance claims and permits
  • Review the seller disclosure form carefully
  • Get everything in writing, especially verbal statements made by the seller or agent

If something feels off, trust your instincts and ask more questions.

Talk to Our Team at Sirulnik Law Before You Act

If you’re dealing with a possible seller non-disclosure, don’t go it alone. The legal path forward depends on your specific contract, the severity of the defect and the evidence available to support your case. An experienced real estate attorney can help you determine whether you have grounds to back out of the deal or recover damages.

At the Law Offices of Alex D. Sirulnik, P.A. and ADS Title Services, Inc., we help Florida homebuyers protect their rights and navigate disclosure disputes. Whether you’re still under contract or already closed, our real estate attorneys are here to help you evaluate your options and move forward. Contact us today to schedule a consultation.