What Is a Seller's Disclosure?
A seller's disclosure is a statement in which the seller of real property reveals known conditions and defects of the property to the buyer. It puts the seller's knowledge of issues — past flooding, roof or structural problems, system defects — into a written record, helping the buyer make an informed decision.
Florida's Disclosure Duty
Florida imposes a meaningful duty to disclose. Under the landmark case Johnson v. Davis, a seller of residential property must disclose facts materially affecting the value of the property that are not readily observable and are unknown to the buyer. Critically, this duty applies even to "as is" sales: selling "as is" limits the buyer's right to demand repairs, but it does not relieve the seller of the duty to disclose known, hidden, material defects.
Why It Matters
- It gives the buyer material information to evaluate the purchase
- It protects the seller by documenting what was revealed
- Concealing a known material defect can expose a seller to liability after closing — including rescission or damages
Related Terms
- Property Disclosure Statement — The form used to make the disclosure
- As-Is Contract — Limits repairs, not the disclosure duty
- Latent Defect — The hidden problem that must be disclosed
Barnes Walker Real Estate
Barnes Walker's real estate attorneys advise Florida buyers and sellers on disclosure duties and post-closing defect claims. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC