What Do You Have to Disclose When Selling Your Home?
If you know about a significant problem a buyer cannot readily see, tell the buyer. Selling the home “as is” does not make that duty disappear.
Three Disclosure Questions Deserve Attention Early
Known Hidden Problems
Florida's disclosure rule covers facts you know that materially affect the home's value and are not readily observable or already known to the buyer.
Flood History
Florida requires a specific flood disclosure to the purchaser at or before the sales contract is executed.
Pre-1978 Homes
Most housing built before 1978 has separate federal lead-based paint disclosure requirements.
These are separate obligations. A general seller property disclosure does not automatically replace a required flood or lead disclosure.
Start With What You Actually Know
Examples to discuss with your broker can 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 problem.
A repaired problem can still matter. Explain what happened, what was done and what records you have.
Water entered a room during a storm. A contractor repaired the opening and the wall was repainted.
The new paint does not erase your knowledge of the water event. Describe what happened and the repair accurately. Provide the relevant invoice or report if you have it.
Do not describe something as “fixed for good” unless you can support that statement. If you are unsure whether a fact needs to be disclosed, bring it up rather than deciding on your own to leave it out.
Does an As-Is Sale Change the Disclosure Question?
No. Selling as-is does not give a seller permission to conceal a known material defect that the buyer cannot readily observe.
You may still decide not to make a repair, subject to the contract you sign. That is a different decision.
You can disclose a problem and decide not to repair it. The buyer can then evaluate the condition when deciding what to offer and whether to proceed.
Some Information Has Its Own Form or Timing Requirement
Florida Flood Disclosure
Florida law requires the seller to provide the prescribed flood disclosure to a purchaser of residential real property at or before the sales contract is executed.
The form asks about the seller's knowledge of damaging flooding during ownership, flood-related insurance claims and flood-damage assistance.
Lead-Based Paint
For most housing built before 1978, federal rules require sellers to disclose known lead-based paint information and provide available records and the required federal pamphlet.
The required lead warning information must also be included with the transaction, and buyers generally receive an opportunity to conduct a lead inspection or risk assessment under the federal rule.
Property-Specific Matters
A pending code case, association issue, unpermitted improvement or another fact about the property may create an additional disclosure, document or legal question.
Tell Jim what applies. When legal interpretation is needed, use a qualified Florida real-estate attorney.
Do not wait until closing to mention something you knew while the buyer was deciding whether to sign the contract.
What Records Should You Gather?
The useful file depends on the actual house. Start with what you already have.
Major Systems
- Roof permits, invoices and warranties
- HVAC service and replacement records
- Water-heater information
- Electrical and plumbing work
- Window and door permits or warranties
Water, Flood and Insurance
- Known flood or water-damage information
- Past insurance claim records you have
- Elevation certificate, if available
- Wind-mitigation report, if available
- Four-point inspection, if available
WDO and Repairs
- WDO reports
- Termite treatment agreements
- Wood-repair invoices
- Contractor reports
- Information about recurring problems
Property Documents
- Survey
- Association information
- Known assessments
- Permits for additions or renovations
- Dock or waterfront improvement records when applicable
Tell us what you know and provide the records you actually have. If an important condition is uncertain, decide whether more investigation would help.
See when a pre-listing inspection or targeted contractor evaluation makes sense →
Tell What You Know. Document What You Can. Do Not Guess.
Write Down What Happened
What was the problem? When did you learn about it? What was done?
Gather the Records
Reports, permits, invoices, warranties, claims and association correspondence can help explain the facts.
Review the Information Before Listing
Identify which property disclosures and statutory forms apply. Do not guess at an answer when it can be checked.
Give the Information at the Right Time
Required information should reach the buyer before the applicable deadline.
Update the Facts if Something Changes
If you discover a new problem while the home is listed or under contract, raise it promptly so the next step can be evaluated using the actual facts and contract.
Good disclosure gives the buyer useful information before important transaction deadlines. It cannot guarantee a sale or prevent every disagreement.
Questions Sellers Ask
Do I have to disclose a problem I repaired?
A repair does not automatically make the history irrelevant. Explain the known problem, 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.
Do I need to know whether the buyer can get insurance?
The buyer and insurer 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 insurance approval.
Can I simply tell the buyer to inspect everything?
No. A buyer inspection does not erase the seller's duty to disclose known material facts that are not readily observable. Give accurate information and allow the buyer to investigate under the contract.
Does selling as-is mean I can skip the seller disclosure?
No. Florida's disclosure duty for known latent material defects can still apply when residential property is sold as-is. The decision not to repair something and the obligation to disclose known information are separate questions.
When does the Florida flood disclosure have to be given?
Florida Statute §689.302 requires the prescribed flood disclosure at or before the time the sales contract is executed.
Go to the Question You Need to Answer Next
Know What You Know Before a Buyer Asks
Send me the property address and tell me about the issue you are concerned about.
We can sort out what you know, what records you have, what may need more investigation and how the condition could affect pricing or the sale.
You do not need to diagnose the house. You need to be accurate about what you know.
This page provides general seller information, not legal advice. The facts of the property and the signed contract control a particular transaction. Legal questions should be directed to a qualified Florida real-estate attorney.