Buying property in Miami requires a leap of faith. To make that leap a little less daunting and more familiar, buyers rely heavily on sellers to disclose key facts about the property, especially facts you can’t easily see, including structural, electrical, plumbing and environmental issues. The seller disclosure form is where this information is detailed for buyers.

What Are Seller Disclosures?

A seller disclosure is a legal requirement that obligates home sellers to disclose known defects, hazards or other issues with the property. 

In the landmark court case Johnson v. Davis (1985), the Florida Supreme Court established that sellers have a legal obligation to disclose known material defects that could affect a property’s value or pose a risk to buyers. This includes environmental conditions that could impact safety, usability or future costs associated with the property. The ruling clarified that intentional concealment or misrepresentation of defects can lead to legal liability.

Common Environmental Hazards That Require Disclosure

Here are several environmental issues that Florida sellers must disclose to buyers if known:

  • Mold or mildew problems – Florida’s humid climate makes mold a common (and expensive) problem. If you’ve had recurring mold issues, past remediation or know there’s hidden water damage contributing to mildew growth, you must disclose it. 
  • Lead-based paint – Federal law requires sellers of homes built before 1978 to disclose any known presence of lead-based paint or lead hazards. 
  • Asbestos – Older homes may also contain asbestos in insulation, flooring or ceilings. While asbestos isn’t dangerous if undisturbed, any known presence must be disclosed.
  • Radon gas – Florida law requires a radon disclosure statement in real estate contracts. Radon is a naturally occurring radioactive gas linked to cancer, and while sellers are not required to test for it, they must include the warning notice.
  • Termite or pest damage – Pests may not be “environmental” in the traditional sense, but structural damage from termites or carpenter ants is often hidden and costly. If you’ve had an infestation or pest-related damage, it must be disclosed.
  • Contaminated soil or water – If you know of underground fuel tanks, chemical spills or proximity to a former industrial site, you must disclose this. 
  • Sinkholes – If your property has experienced past sinkhole activity or repairs, even if resolved, it must be disclosed. This also applies to nearby sinkhole claims that could affect the land’s value or insurability.
  • Disclosures specific to coastal properties – Per Fla. Stat. §161.57, sellers must disclose the potential for coastal erosion, protection requirements for marine turtles, and that the property may be subject to regulations regarding construction, among other requirements.
What Happens If a Seller Fails to Disclose?

Failing to disclose known issues can lead to legal trouble. If a buyer discovers a hidden defect after closing and can prove the seller knew about it but didn’t disclose it, the buyer may have grounds for a lawsuit. For sellers, failing to disclose can be far more costly than simply being upfront from the start.

Contact Us at Sirulnik Law and ADS Title Services, Inc. with Questions about Seller Disclosures

Seller disclosures aren’t just about protecting the buyer, they’re also a smart safeguard for sellers. Transparency reduces the risk of post-sale legal disputes, helps ensure a smoother closing process and builds trust with potential buyers. A clear and thorough disclosure record can also prevent deals from unraveling at the eleventh hour.

If you’re considering buying or selling real estate in Florida, call our teams at the Law Offices of Alex D. Sirulnik, P.A. and ADS Title Services, Inc. today.