FSBO Disclosure Requirements in Florida: What Sellers Must Reveal
When selling a home For Sale By Owner (FSBO) in Florida, you are legally required to disclose certain information about your property to prospective buyers. Failing to disclose known defects can result in lawsuits, rescission of the sale, or financial penalties after closing.
This guide explains what Florida law requires FSBO sellers to disclose, how to document disclosures properly, and how to reduce your legal exposure.
Florida's Disclosure Standard: The Johnson v. Davis Rule
Florida does not have a single, comprehensive disclosure statute like some states. Instead, the state follows the precedent set by Johnson v. Davis (1985), which established that sellers must disclose facts "materially affecting the value of the property" that are:
- Not readily observable by the buyer
- Not known to the buyer
- Known to the seller
This means that if you know about a problem, and the buyer cannot easily see it, you are obligated to disclose it.
What You Must Disclose
Structural and Physical Defects
- Roof leaks, damage, or recent repairs
- Foundation cracks or settling
- Plumbing leaks or sewer line issues
- Electrical system deficiencies
- HVAC problems or recent replacements
- Water intrusion, moisture damage, or mold
Environmental and Safety Issues
- Lead-based paint (required for homes built before 1978)
- Radon gas testing results
- Flood zone designation and history of flooding
- Sinkholes or geological activity
- Chinese drywall or asbestos
Legal and Zoning Issues
- Unpermitted additions, renovations, or enclosures
- Property boundary disputes or encroachments
- Code violations or pending enforcement actions
- HOA or condo association restrictions, fees, and special assessments
- Easements or deed restrictions affecting the property
Other Required Disclosures
- Whether the property is in a Community Development District (CDD)
- Pending litigation related to the property
- Insurance claims history (particularly wind, flood, or sinkhole)
- Deaths on the property (not legally required in Florida, but sometimes asked)
How to Document Disclosures Properly
Florida does not mandate a specific disclosure form, but best practice is to use a written Seller's Property Disclosure document that covers all material facts. This document should be:
- Completed before marketing the property
- Provided to the buyer before contract execution
- Signed by both seller and buyer
- Retained as part of the closing file
At Barnes Walker, our attorneys can prepare or review your disclosure forms to ensure compliance with Florida law and reduce post-closing liability.
What Happens If You Fail to Disclose?
Failure to disclose known defects can result in:
- Contract rescission: The buyer may be able to cancel the sale and recover their deposit
- Damages: The buyer may sue for the cost of repairs or diminished property value
- Fraud claims: Intentional concealment can lead to fraud allegations and punitive damages
The simplest rule: when in doubt, disclose it. Transparency protects you far more than silence.
Need help with your FSBO disclosures? Contact Barnes Walker for attorney guidance on Florida disclosure requirements.