Overview
Florida law requires sellers to disclose all known facts that materially affect a property's value and aren't readily observable to the buyer, a duty established by the Florida Supreme Court in Johnson v. Davis. The Seller's Property Disclosure form covers nine sections, including structures and appliances, water intrusion, hazardous substances, and the condo association, and each question is answered yes, no, or don't know based on what you actually know. The disclosure isn't a warranty and doesn't replace an inspection; buyers should still hire a professional inspector during the inspection period.
What Is the Seller Disclosure?
Florida law requires a seller to disclose to the buyer all known facts that materially affect the property's value and aren't readily observable or known to the buyer. This disclosure form exists to help sellers comply with that legal duty, though it may not cover every issue unique to a specific property. A useful standard: think about what you'd want to know if you were the one buying the condo today.
"Materially affects the value of the property and isn't readily observable" generally means things like mold or hidden water intrusion behind paint or a wall, issues a buyer wouldn't reasonably catch just by looking.
What the Disclosure Provides the Buyer
The disclosure isn't a guarantee or warranty on the property, and it doesn't substitute for an inspection, warranty, or professional advice. It's based entirely on what the seller actually knows, so it may not surface issues the seller isn't aware of. The disclosure also isn't a contract and isn't part of the purchase agreement itself. Buyers should still walk the unit and hire a professional home inspector during the inspection period rather than relying on the disclosure alone.
What's on the Disclosure Form
The form starts with the property address and whether the unit is owner-occupied, tenant-occupied, or vacant, then covers nine sections, each with its own set of questions:
- Structures, systems, and appliances
- Termites, other wood-destroying organisms, and pests
- Water intrusion, plumbing, and flood insurance
- Fire protection, improvements, and alterations
- Hazardous substances
- Limited common elements
- The condo association
- Foreign Investment in Real Property Tax Act (FIRPTA)
- Additional comments, which require a separate addendum
Completing the Form
Each question gets one of three answers: yes, no, or don't know. Answer honestly; signing the form means you're representing that the information is accurate to the best of your knowledge. If something changes, or you realize an earlier answer was inaccurate, notify your agent promptly so they can inform the buyer or the buyer's agent.
