Buying a home is one of the biggest financial decisions many of us will ever make. While it’s easy to get swept up in the excitement of granite countertops and walk-in closets, it’s what’s behind the walls that deserves just as much attention. In Florida, seller disclosures play a critical role in helping buyers make informed decisions and avoid unexpected (and costly) surprises after closing.

Below we break down what seller disclosures are, what the law requires regarding these disclosures, and most importantly, what questions you should ask before signing on the dotted line.

What are Seller Disclosures?

A seller disclosure is a document in which the seller shares any known issues or defects with the property. This includes both current problems and past events that could affect the home’s value, safety or functionality. For this, we’re talking roof leaks, pest infestations, foundation cracks, past flooding and the like.

While Florida is considered a “buyer beware” state in theory, that doesn’t give sellers a free pass to keep secrets. Under Florida law, sellers must disclose issues that aren’t readily observable and that could impact the property’s value.

What Must Sellers Disclose in Florida?

In Florida, sellers must honestly disclose known material defects about the property, including:

  • Structural issues – Roof damage, foundation cracks or termite infestations.
  • Water damage and mold – Past or present leaks, flooding history and mold problems.
  • Plumbing and electrical problems – Outdated wiring, faulty plumbing or septic system failures.
  • Past repairs and renovations – Unpermitted work or incomplete repairs that could impact the property.
  • Environmental hazards – Lead-based paint (for homes built before 1978), radon gas, asbestos or sinkhole activity.
  • Property disputes and legal issues – Boundary disputes, liens or zoning restrictions.
  • 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.

Even if a buyer doesn’t directly ask, the seller must disclose any known material issues. However, sellers are not required to investigate or hire an inspector to find hidden defects. Additionally, sellers are not required to disclose nonmaterial issues, which, nonetheless, may still be important to a buyer. Under Fla. Stat. § 689.25, sellers, brokers and agents do not need to disclose the fact that an occupant of a property is infected with HIV or has been diagnosed with AIDs or the fact that a property was, or was at any time suspected to have been, the site of a homicide, suicide or death.

What Buyers Should Ask Before Closing

Even if the disclosure form looks clean, you should still be on the lookout for red flags. Here are key questions to ask the seller (and their agent) before finalizing your purchase:

  • Have there been any past insurance claims on the home? This can reveal previous damage, such as storm or fire damage, even if it’s been repaired.
  • Were any additions or remodels done? If so, were they permitted? Unpermitted work can create legal and safety issues down the line.
  • Has the property ever had mold or water damage? Florida’s humidity is a constant threat, and mold can return if not handled properly.
  • Has the home had a termite inspection recently? Termites are common in Florida, and damage can be hidden, extensive and expensive to repair. 
  • Are there any disputes with neighbors or the HOA? Some problems are more about people than property. 
  • What’s the age and condition of the roof, AC and other major systems? These big-ticket items can become big expenses if they’re on their last leg.
Protect Yourself. Contact Us at Sirulnik Law and ADS Title Services

Seller disclosures are helpful, but they’re not a substitute for a professional home inspection. Always hire a licensed inspector to assess the home before closing. If the inspector finds issues not disclosed by the seller, you may be able to renegotiate the price, request repairs or walk away.

Buying a home in Florida is an exciting time, but it also comes with legal responsibilities and risks. Understanding seller disclosures and knowing the right questions to ask before closing can protect your investment and give you peace of mind. Our teams at the Law Offices of Alex D. Sirulnik, P.A. and ADS Title Services, Inc. are here to help you navigate Florida real estate with confidence. Contact us today for expert guidance through every step of the homebuying process.