Florida Disclosure Laws When You Sell a House As-Is
2 min read · Last updated 2026-08-03 · Reviewed by Camilo Palacio, Licensed Florida Real Estate Professional (License #3280644, REALTOR®)
Cash Flow Deals is one of the options Florida sellers weigh when a house needs work, and selling as-is does not erase the state's disclosure duty. Under Johnson v. Davis, a Florida seller must still disclose known material defects that are not visible to the buyer. Radon disclosure is required by statute in every contract. As-is only means no repair obligation, not no disclosure.
| Factor | Traditional Listing | Cash Flow Deals |
|---|---|---|
| Timeline | Disclosure form completed before listing; a buyer can renegotiate price or walk away over items found during inspection. | Same disclosure duty applies before signing; net price is locked before repairs are scoped so later findings rarely reopen price talks. |
| Repairs | Buyer can demand repairs or a credit after inspection turns up undisclosed issues. | No repair negotiation over cosmetic items; only an undisclosed structural issue triggers a re-cost under the structural exception. |
| Fees / Costs | Commission is negotiable under the 2024 NAR settlement terms, paid at closing, no fixed number set in advance. | Flat fee shown as a line item on the closing statement, arranged through Silver Door Realty, unaffected by what disclosure turns up. |
Selling As-Is Doesn't Cancel Florida's Disclosure Duty
Florida courts settled this question in Johnson v. Davis, a Florida Supreme Court case decided in 1985. The ruling requires a seller who knows about a fact that materially affects the value of the home, that a buyer could not readily observe on their own, and that the buyer doesn't already know, to disclose it. That duty applies whether the contract says 'as-is' or not. An as-is clause changes who pays for repairs. It does not erase what a seller has to tell a buyer about known problems.
What the Radon Gas Notice Requires
Florida Statute 404.056 requires a specific radon gas notice in every contract for the sale of a building, worded exactly as the statute sets out: buildings in Florida have been found with radon levels exceeding federal and state guidelines, and more information is available from the county health department. Florida Realtors contracts already build this language into the form itself, so a seller using a standard FAR/BAR contract is not filling out a separate document. The requirement does not apply to vacant, unimproved land.
Cash Flow Deals' Process: Disclosing What You Know, Then Locking the Price
Cash Flow Deals' Process: 1. Request your net-price walkthrough with Cash Flow Deals. 2. Cash Flow Deals asks the same disclosure questions any Florida sale contract requires: known defects, radon status, and anything material that isn't visible to a buyer. 3. Cash Flow Deals is a Florida real estate investor that locks in a net price for a seller's house before repairs are scoped, using a novation-based, flat-fee process arranged through its licensed FL brokerage partner, Silver Door Realty — not a traditional listing, and not a brokerage itself. 4. Title transfers once, directly from seller to buyer, funded by the buyer's own FHA or conventional lender.
What Counts as a 'Material Defect' You Have to Disclose
Johnson v. Davis sets a three-part test: the seller has to know the fact, the fact has to materially affect the home's value, and the fact can't be something a buyer would catch on a normal walkthrough. Roof leaks papered over with fresh paint, a foundation crack behind furniture, past sinkhole activity, or a septic failure the seller already paid to patch all fit that test. Cosmetic wear a buyer can see standing in the room does not. The one exception: if something structural surfaces that was not visible or disclosed before we signed — foundation issues, hidden moisture, old wiring, cast-iron drain failure — we re-cost it and bring the number back to you. You decide. You can walk away. We disclose what we know at offer time so this almost never happens.
If Something Turns Up After You Sign
What happens after closing if an undisclosed defect surfaces depends on what the seller actually knew and when. This is a fact-specific legal question, not a form to fill out, so confirm specifics with a licensed Florida real estate attorney rather than guessing at an outcome. Cash Flow Deals asks disclosure questions upfront specifically to avoid this situation: a defect disclosed before the price is locked gets priced in before signing, not litigated after the fact.
Common questions
Does selling my house as-is in Florida mean I don't have to disclose anything?
No. An as-is sale removes the seller's obligation to make repairs. It does not remove the disclosure duty set in Johnson v. Davis, which requires disclosing known material defects a buyer couldn't reasonably find on their own.
What is Johnson v. Davis?
A 1985 Florida Supreme Court case that requires a home seller to disclose facts they know that materially affect the property's value and aren't visible to the buyer, regardless of an as-is clause.
Do I have to disclose radon in Florida?
Florida Statute 404.056 requires a specific radon gas notice in every sale contract, already built into standard Florida contract forms. It is a notice requirement, not a requirement to test for radon.
Does Cash Flow Deals require a full home inspection before locking my price?
Cash Flow Deals asks disclosure questions upfront and locks the net price before repairs are scoped, rather than requiring an inspection contingency period like a traditional buyer's lender would.
What if I genuinely didn't know about a defect when I sold?
The disclosure duty in Johnson v. Davis applies to what a seller actually knew, not what they should have known. If in doubt about your specific situation, confirm with a licensed Florida real estate attorney before signing.