Seller disclosures are a critical component of any real estate transaction. Sellers are required by law to notify buyers of any known issues or conditions that materially affect the value of the property – specifically, those that are not readily observable to the buyer. Failing to disclose known issues can lead to legal disputes for the seller.

In Florida, sellers typically provide several types of disclosures to buyers. These disclosures may vary based on the property type and local regulations. Here are some common types of seller disclosures.

Common Seller Disclosures
  • Radon gas disclosure – Sellers are required to disclose information about radon gas if known. Radon is a naturally occurring radioactive gas that can accumulate in homes and pose health risks.
  • HOA or condo association disclosures – If the property is part of a homeowners’ association or a condominium association, sellers must provide relevant association documents to buyers per Fla. Stat. §720.401. These may include the association’s rules and regulations, financial statements, reserve funds and pending special assessments.
  • Lead-based paint disclosure – For properties built before 1978, federal law requires sellers to disclose any known lead-based paint hazards. 
  • Mold disclosure – Sellers must disclose any known mold issues or past remediation efforts.
  • Disclosures specific to coastal properties – Per Fla. Stat. §161.57, sellers must disclose the potential for coastal erosion, protection requirements for marine turtles, that the property may be subject to regulations regarding construction, among other requirements. 
  • Pending code enforcement action disclosure – The seller must disclose the existence and nature of any pending code enforcement action to the buyer as well as notify code enforcement officials of the property transfer.
  • Flood zone disclosure – Knowing whether the property is located in a flood zone helps buyers understand potential risks and insurance requirements.
  • Property tax disclosure – This states that buyers should not assume property taxes will remain the same after the sale and, as noted in Florida Stat. §689.261, improvements or a change of ownership may trigger a reassessment. 

In addition to these disclosures, sellers should also include a comprehensive seller’s property disclosure in which they disclose various aspects of the property’s condition, including the property’s structural integrity, systems (plumbing, electrical, HVAC), roof condition, appliances, pest infestations, environmental hazards, and previous repairs or renovations.To learn more about seller disclosures in Florida, contact our team at the Law Offices of Alex D. Sirulnik, P.A. and ADS Title Services, Inc.