What Do You Have to Disclose When Selling Your Home?

The short answer

These are different obligations. A general property questionnaire does not automatically replace a required flood or lead disclosure.

What counts as a problem worth bringing up?

Start with the facts you actually know. Examples to discuss with your broker include past water intrusion or flooding, recurring roof leaks, structural movement, termite or other wood-destroying organism damage, plumbing or electrical defects, unpermitted work, and a repair that did not solve the underlying issue.

A repaired problem can still matter. Tell the buyer what happened, what was done, and what records you have. Do not describe a condition as “fixed for good” unless you can support that statement. If you are unsure whether a fact is material, raise it with your broker rather than deciding to leave it out.

Florida Realtors explains the legal standard and recommends putting disclosures in writing, even where an oral disclosure might otherwise be possible. Read its Florida disclosure guidance.

Does an “as-is” sale change disclosure duties?

No. “As is” affects the repair and contract framework. It is not permission to conceal a known, material defect that a buyer cannot readily observe. You may still decide not to make a repair, subject to the signed contract. The buyer should have accurate information when deciding what to offer and whether to proceed.

Read the separate guide to selling as-is versus making repairs for the money decision. The disclosure decision applies either way.

Which disclosures need special attention?

Timing matters. Do not wait until closing to mention an issue you knew when the buyer was deciding whether to sign.

What should a seller here gather before listing?

In Niceville, Shalimar, and Fort Walton Beach, the useful file depends on the actual house. A waterfront home, an older inland home, and a newer home in an HOA can raise different questions. Start with what you have:

• Roof, window, HVAC, water-heater, electrical, and plumbing permits, invoices, and warranties.
• Past insurance claims, flood or water-damage records, and any available elevation certificate.
• Wind-mitigation and four-point inspection reports, if available.
• WDO reports, treatment agreements, wood-repair records, and any known recurring issue.
• Survey, association information, assessments, and documents about additions, docks, or other improvements when applicable.

You do not have to invent a document you never had. Say what you know and what records you can produce. A buyer and the buyer’s insurer should verify their own coverage and costs. Read whether a targeted pre-listing inspection makes sense if an important condition is uncertain.

A practical order that avoids last-minute surprises

1. Write a factual timeline. What happened, when did you learn about it, and what was done?
2. Gather the records. Reports, permits, invoices, warranties, claims, and association correspondence can clarify the facts.
3. Review your answers with Jim. Identify which property and statutory forms apply. Do not guess at an answer when you can check it.
4. Give information early. Make sure the buyer receives the relevant information before the applicable deadline.
5. Update the buyer if something changes. If you discover a new problem while the home is listed or under contract, raise it promptly so the parties can evaluate the actual contract and next step.

Good disclosure helps a buyer price the property and evaluate repairs and insurance before the deal reaches the inspection deadline. It cannot guarantee a sale or prevent every dispute.

Questions sellers ask

Do I have to disclose a problem I repaired?

A repair does not automatically make the history irrelevant. Explain the known issue, work completed, and records available. Whether a particular fact legally requires disclosure can depend on the circumstances.

What if I inherited the home and never lived in it?

Do not claim personal knowledge you do not have. State what you know from records, inspections, relatives, and your own observations, and explain the limits of that knowledge. The inherited-home seller guide covers the broader decision.

Do I need to know whether a buyer can get insurance?

The buyer and insurer must evaluate coverage for that buyer and property. Give accurate information you have about the roof, systems, past damage, claims, and flood history. Do not promise an insurance quote or approval.

Can I simply tell the buyer to inspect everything?

A buyer inspection does not erase the seller’s duty to disclose known, material facts that are not readily observable. Use both: give accurate information and allow the buyer to investigate under the contract.