Florida doesn’t have one single statewide disclosure form for every sale, but sellers still have duties to tell buyers what they know. For beach homes and condos, a few disclosures matter most. Here is what you can expect to receive and what to ask for if you don’t.
Key takeaways
- Florida courts require sellers of homes to disclose known facts that materially affect value and aren’t readily observable.
- Since October 1, 2024, sellers of residential property must give a flood disclosure at or before signing the contract.
- Florida contracts must include a radon gas notice.
- Condo buyers also receive association documents, and the law gives them time to review them.
The duty to disclose
In Johnson v. Davis (1985), the Florida Supreme Court held that a seller of a home who knows of facts materially affecting its value, which aren’t readily observable and aren’t known to the buyer, must disclose them. Many sellers use a disclosure form to do this, often a standard form from their agent.
The flood disclosure
Section 689.302 of the Florida Statutes requires a seller of residential property to give the buyer a flood disclosure at or before the contract is signed. It must say:
- That homeowners policies don’t cover flood, and that the buyer should discuss flood insurance with an agent.
- Whether the seller has filed a flood damage claim with an insurer, including the National Flood Insurance Program.
- Whether the seller has received federal flood assistance, including from FEMA.
Our tip: The disclosure covers claims and assistance, not every time water reached the property. Ask the seller directly about past flooding, and check the zone in our Flood Zones 101 guide.
Other disclosures and documents
| Item | What it tells you |
|---|---|
| Radon gas notice | A statutory notice that must appear in the contract |
| Condo association documents | Declaration, bylaws, rules, budget and FAQ sheet |
| HOA disclosure summary | For homes in a homeowners association |
| Milestone inspection and reserve study summaries | For condo buildings that need them |
| Permit history | From the city, for past work on the home |
Questions worth asking anyway
- Has the property ever had water inside, from any cause?
- When were the roof, windows and air conditioning replaced, and are there permits?
- Are there any special assessments approved or being discussed?
- Has the property had any insurance claims in recent years?
What this means for you
Disclosures are a starting point, not a substitute for inspections. Read them before you sign, and use the inspection period to check anything unclear. Our condo buyer’s guide lists association documents, our milestone inspections page explains building inspections, and our guide to making an offer covers the inspection period.
Please note: Laws, tax rules and insurance terms change, so check the details for your situation with a licensed professional, such as a Florida real estate attorney, insurance agent or tax adviser, before you act.
Want help reading a disclosure? Contact us.
Sources
- Florida Statutes, section 689.302, flood disclosure.
- Florida Statutes, section 404.056, radon gas notice.
- Johnson v. Davis, 480 So. 2d 625 (Fla. 1985).
- Florida Statutes, section 718.503, condominium disclosure.