Real estate transactions can be big risk, big reward investments, but both buyers and sellers share some responsibilities to ensure the real estate transaction goes smoothly.

Sellers must disclose known defects, hazards or other issues with the property, and the onus is on the buyer to hire an inspector and evaluate all other aspects of the property so they can go into the purchase informed.

In terms of disclosures, the onus is on the seller to be upfront and transparent about certain defects and issues that could affect a buyer’s decision. Failing to do so could lead to legal headaches down the road. 

Florida’s Legal Obligation to Disclose Property Damage

Unlike some states that operate under a “buyer beware” philosophy, Florida follows the Florida Supreme Court Johnson v. Davis (1985) ruling, which places a legal duty on sellers to disclose known material defects that aren’t easily observable. If a defect could impact the property’s value or pose safety risks, sellers must disclose it regardless of whether the buyer asks for this information or not.

Florida sellers must disclose any known damage that could impact the home’s value or usability, including:

  • Water damage and mold
  • Structural issues
  • Roof and ceiling damage
  • Electrical and plumbing problems
  • Fire or smoke damage
  • Environmental or hazardous issues
How to Properly Disclose Property Damage

Sellers should fill out a seller’s property disclosure form, even though Florida law does not mandate a written disclosure. This document protects both parties and serves as evidence that you met your disclosure obligations. If a seller intentionally withholds information about property damage, they could face potential legal action from the buyer, financial liability for repairs or compensation, or cancellation of the contract and reversal of the sale.

Contact our Team at Sirulnik Law and ADS Title Services with Questions

Full transparency is key when selling a home in Florida. If you’re unsure whether something should be disclosed, it’s better to be upfront to avoid potential legal issues. Working with a real estate attorney can help ensure you comply with Florida’s disclosure laws and protect yourself from future disputes. If you’re thinking about selling your home, make sure you’re protected. Call our teams at the Law Offices of Alex D. Sirulnik, P.A. and ADS Title Services, Inc. today to ask your questions.