Florida seller disclosure follows a caveat emptor (buyer beware) framework, not a statutory disclosure form. Unlike Texas and California, where the state mandates a specific disclosure checklist, Florida relies on the Johnson v. Davis (1985) common-law standard: sellers must disclose known material defects that are not readily observable by the buyer. What Florida lacks in a standardized disclosure form, it makes up for with one of the heaviest condo and HOA disclosure stacks in the country. The Condominium Act (Chapter 718), the Homeowners' Association Act (Chapter 720), HB 221's post-Surfside structural safety requirements, flood zone disclosures, and FIRPTA verification create a layered disclosure environment that is denser than most states with mandatory seller disclosure forms. This guide covers Florida's unique disclosure framework, the Johnson v. Davis duty, condo and HOA requirements, flood disclosures, and what a TC tracks on Florida files.
Key takeaways
- Florida has no statutory seller's disclosure form. Sellers must disclose known material defects under the Johnson v. Davis (1985) common-law standard.
- Condo disclosures are extensive: declaration, bylaws, financial statements, milestone inspection status (HB 221), and structural integrity reserve study (3+ year buildings).
- HOA estoppels are the most common closing-delay source on Florida HOA files (5-15 business day management company turnaround).
- Flood disclosure applies to all Florida properties. Coastal properties may require elevation certificates.
- FIRPTA verification is a routine intake step due to Florida's large international buyer/seller base.
Does Florida require a seller's disclosure form?
No. Florida does not have a state-mandated seller's disclosure form. This puts Florida in a small group of states that rely on common-law disclosure obligations rather than a statutory checklist.
The framework comes from Johnson v. Davis, a 1985 Florida Supreme Court ruling that modified Florida's traditional caveat emptor (buyer beware) doctrine. Before this case, Florida sellers had minimal disclosure obligations. The buyer was expected to investigate the property independently. Johnson v. Davis established that sellers must disclose known material defects that are not readily observable and not already known to the buyer.
The Florida Real Estate Commission (FREC) oversees licensee conduct under Florida Statutes Chapter 475, which regulates real estate practice. While FREC doesn't mandate a specific disclosure form, it holds licensees accountable for facilitating proper disclosure between the parties.
In practice, most Florida transactions include a Seller's Property Condition Disclosure as part of standard brokerage practice and the FAR/BAR contract workflow, even though it's not legally required. Florida Realtors publishes a standard property condition disclosure form that agents commonly use. The National Association of Realtors tracks state-by-state disclosure requirements and classifies Florida as a caveat emptor state with a common-law disclosure duty.
What does Johnson v. Davis require sellers to disclose?
The Johnson v. Davis standard requires disclosure of facts that meet all three criteria:
- Known to the seller. The seller actually knows about the condition. The standard doesn't require the seller to investigate or inspect. But willful ignorance (deliberately avoiding knowledge of an obvious problem) won't protect the seller.
- Material. The condition materially affects the property's value, desirability, or intended use. Not every defect is material. A cosmetic issue that doesn't affect value or function likely isn't material. A roof that leaks during rain is.
- Not readily observable. The buyer can't discover the condition through ordinary inspection. A visible crack in the driveway is readily observable. A concealed plumbing leak inside a wall is not.
Common categories of material defects that trigger the Johnson v. Davis duty:
| Category | Examples | Readily observable? |
|---|---|---|
| Structural | Foundation settling, wall cracks, beam damage | Sometimes (depends on visibility) |
| Roof | Leaks, age, prior repairs | Partially (interior stains vs exterior condition) |
| Water intrusion | Hidden leaks, past flooding, moisture in walls | Usually not |
| Plumbing | Slab leaks, pipe corrosion, sewage backup history | Usually not |
| Electrical | Outdated wiring, panel issues, code violations | Usually not |
| Pest damage | Termite damage, active infestation, prior treatment | Usually not (hidden in structure) |
| Environmental | Chinese drywall, mold, asbestos, contaminated soil | Usually not |
| Flooding history | Past flood events, insurance claims, drainage issues | Not (unless visible damage remains) |
On Florida files we see, the most common disclosure failures involve water intrusion history and prior insurance claims for water damage. Florida's climate makes water intrusion a recurring issue, and sellers sometimes consider resolved water damage "fixed" and therefore not disclosable. Under Johnson v. Davis, the prior condition and the remediation are both material facts the buyer should know.
What condo disclosures does Florida require?
Florida's condo disclosure stack is among the most extensive in the country. The legal framework comes from Chapter 718 of the Florida Statutes (Condominium Act) and was significantly expanded by HB 221 (2024), the post-Surfside structural safety legislation.
Standard condo document package. The buyer must receive the following within 5 days of the contract's effective date:
- Declaration of condominium
- Bylaws and rules
- Most recent financial statements
- Budget (current year)
- Any amendments to the above
The buyer has a 15-day rescission window from delivery of the condo documents, extendable to 30 days by contract. During this window, the buyer can cancel for any reason and recover earnest money. The rescission right is one of the strongest buyer protections in Florida real estate.
HB 221 additions (2024). The post-Surfside legislation added three specific disclosure items:
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Milestone inspection disclosure. The seller must disclose the status of the condo building's milestone inspection (required at 25 years for buildings 3+ stories, or 30 years for buildings within 3 miles of the coast). The FAR/BAR Version 7 contract includes checkboxes for this disclosure.
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Turnover inspection report. For buildings still under developer control (pre-turnover), the seller must acknowledge and disclose the status of the turnover inspection. This applies to newer condo developments.
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Structural integrity reserve study. Buildings 3+ years old must have a structural integrity reserve study. The seller must disclose the study's status (completed, in progress, or not yet conducted) and the reserve funding level. Underfunded reserves are a material disclosure item.
| Condo disclosure | Delivery timing | Rescission window | TC tracking priority |
|---|---|---|---|
| Condo documents (declaration, bylaws, financials) | 5 days from effective date | 15 days from delivery | Day-one order |
| Milestone inspection status (HB 221) | Part of FAR/BAR Version 7 checkboxes | N/A (disclosure, not contingency) | Intake verification |
| Turnover inspection report | If applicable (pre-turnover buildings) | N/A | Intake verification |
| Structural integrity reserve study | 3+ year buildings | N/A | Intake verification |
In our TC work on Florida condo files, the 5-day condo document delivery deadline is the most compressed timeline. The condo association or management company must prepare and deliver the full document package. Turnaround varies from 3 to 15 business days depending on the association. Ordering the documents at contract signing (not waiting until day 3 of the 5-day window) is the standard prevention step.
What HOA disclosures does Florida require?
Florida HOA disclosures are governed by Chapter 720 of the Florida Statutes (Homeowners' Association Act). The disclosure requirements are separate from condo disclosures, though some properties are subject to both (a condo within an HOA-governed community).
HOA governing documents. The seller must provide the buyer with the HOA's governing documents: declaration of covenants, conditions, and restrictions (CC&Rs), bylaws, rules, and any amendments.
HOA estoppel letter. The estoppel letter from the HOA (or its management company) confirms the current assessment balance, any unpaid assessments, pending special assessments, and the property's compliance status. The estoppel is ordered by the title company or the seller's agent, and turnaround depends on the management company.
The HOA estoppel is the single most common external-vendor delay on Florida HOA files. Management company turnaround can run 5 to 15 business days. Florida Statute 720.30851 sets a 15-business-day maximum for the management company to deliver the estoppel after a written request, but many management companies take the full 15 days. A late estoppel pushes the closing date, not the management company.
Financial disclosures. The buyer must receive the HOA's most recent financial statements, budget, and any pending special assessment information. Assessment increases or special assessments for infrastructure repairs are material disclosure items.
On the Florida files we run, HOA estoppel timing is the first coordination item we address at intake. We order the estoppel at contract signing, track the management company's turnaround, and flag any approaching deadline against the closing date. If the management company is slow, we escalate early rather than waiting for the closing timeline to compress.
What flood and hurricane disclosures apply in Florida?
All Florida properties are subject to flood disclosure. Florida's geography (low elevation, coastal exposure, hurricane risk) makes flood-related disclosures a standard part of every transaction.
Flood zone verification. The title company verifies the property's flood zone status using FEMA flood maps. Properties in Special Flood Hazard Areas (SFHA) require flood insurance as a condition of any federally backed mortgage.
FEMA flood insurance compliance. Lenders set a flood insurance compliance deadline (typically 30-45 days from the contract's effective date). The borrower must obtain and verify flood insurance before the lender will fund the loan. This is a lender-driven requirement, not a state-law requirement, but it functions as a hard closing condition on every financed Florida transaction.
Elevation certificates. Coastal and low-lying properties may require elevation certificates from a licensed surveyor. Turnaround runs 5-10 business days. An elevation certificate determines the property's elevation relative to the Base Flood Elevation (BFE), which affects insurance rates and insurability.
Seller flood history disclosure. Under Johnson v. Davis, sellers must disclose known flooding events, prior flood insurance claims, and any water intrusion from storm events. This isn't on a standardized form. It's part of the general disclosure duty.
The post-Surfside reforms and HB 221 added structural inspection requirements on condo buildings in flood-prone areas, which overlap with the condo disclosure stack described above. The intersection of flood disclosure and condo structural disclosure creates a compound compliance requirement on coastal condo files.
What other disclosures does a Florida TC track?
Beyond the condo, HOA, and flood stacks, Florida files carry several additional disclosure items.
FIRPTA (Foreign Investment in Real Property Tax Act). Federal law. If the seller is a foreign person, the buyer may owe 15% withholding at closing. Florida's international buyer and seller base makes FIRPTA verification a routine intake step. The TC verifies the seller's citizenship status at intake and coordinates with the title company for escrow withholding if FIRPTA applies.
Homestead notice. Florida's homestead exemption reduces the taxable value of a buyer's primary residence by up to $50,000 and caps annual assessment increases. The homestead notice reminds buyers to file with the county property appraiser by March 1 of the year following purchase. The TC tracks delivery and acknowledgment.
Lead-based paint disclosure. Federal requirement on properties built before 1978. Standard form and EPA pamphlet. Florida's coastal historic inventory triggers this disclosure more often than many states.
Radon disclosure. Florida Statute 404.056(5) requires a radon disclosure in all residential real estate contracts. The FAR/BAR contract includes standard radon disclosure language. This is a disclosure of radon's general risks, not a property-specific radon test result (though test results must be disclosed if available).
| Disclosure | Applies to | Delivery timing | TC tracking |
|---|---|---|---|
| Seller property condition (Johnson v. Davis) | All residential sales | Before closing (best practice: at offer) | Intake verification |
| Condo documents (Ch. 718 + HB 221) | Condo properties | 5 days from effective date | Day-one order |
| HOA estoppel (Ch. 720) | HOA properties | Before closing (order at contract signing) | Day-one order |
| Flood zone verification | All properties | Intake (30-45 day lender deadline) | Intake verification |
| FIRPTA | Foreign sellers | Intake verification | Intake |
| Homestead notice | Primary residence buyers | Before closing | Delivery tracking |
| Lead-based paint | Pre-1978 properties | At or before contract execution | Intake |
| Radon | All residential contracts | Part of FAR/BAR contract | Contract verification |
How does the FAR/BAR Version 7 contract handle disclosures?
The FAR/BAR Residential Contract for Sale and Purchase (Version 7, effective December 31, 2024) is the standard contract form, jointly maintained by Florida Realtors and The Florida Bar. Version 7 integrated the HB 221 condo compliance requirements directly into the contract with conspicuous checkboxes for milestone inspection disclosure, turnover inspection acknowledgment, and structural integrity reserve study status.
The contract also refined the property condition disclosure section, clarified the radon testing provisions, and updated the closing services definition (Paragraph 9). For the full FAR/BAR Version 7 breakdown and how it affects TC workflow, see the Florida transaction coordinator guide.
How does Quill track Florida seller disclosures?
Quill runs Florida files with every disclosure tracked from contract intake. The intake process covers: seller property condition disclosure (completed and delivered?), condo documents (ordered at contract signing, delivery tracked against 5-day deadline), HOA estoppel (ordered at contract signing, management company turnaround tracked), flood zone verification (confirmed at intake, lender FEMA deadline tracked), FIRPTA seller verification (citizenship status confirmed at intake), homestead notice (delivery and acknowledgment tracked), lead-based paint (verified on pre-1978 properties), and radon disclosure (confirmed in FAR/BAR contract).
Quill is a transaction coordination firm, not a brokerage. We coordinate files for Florida agents working under their own brokerage's supervision. We don't provide legal advice on disclosure obligations, interpret Johnson v. Davis duties, or advise sellers on what to disclose. The listing agent and the seller's attorney (if retained) handle disclosure content. Quill handles the process: tracking delivery, verifying completeness, monitoring timelines, and flagging gaps before the closing date forces the issue.
For the full Florida TC scope, see the Florida transaction coordinator guide. For Florida-specific service details and market coverage, see the Florida transaction coordination hub. For a broader look at how disclosure requirements fit into the closing process, see the real estate closing checklist.
Florida's disclosure framework is broad, not shallow
No mandatory form doesn't mean no disclosure duty. Johnson v. Davis covers known material defects. The condo stack covers structural safety. The HOA stack covers financial health. Flood disclosures cover environmental risk. FIRPTA covers tax compliance. The absence of a single checklist makes the TC's tracking job harder, not easier, because the disclosure obligations are scattered across common law, statute, contract provisions, and federal requirements. Run every Florida disclosure from intake. Order condo docs and HOA estoppels at contract signing. Verify flood zone and FIRPTA at intake. The closing timeline compresses everything else.
$350 per file, billed at close. First file free. Florida-specific coordinators handle the forms, deadlines, and closing conventions your files need.
Start your first Florida file with Quill free to see how disclosure tracking works across the full FAR/BAR Version 7 timeline.