Florida Disclosure Laws When You Sell a House As-Is
Published by Cash Flow Deals · Last updated 2026-08-03 · Reviewed by Camilo Palacio, Licensed Florida Real Estate Professional (License #3280644, REALTOR®), affiliated with Silver Door Realty, LLC (License #CQ1064903) · 3 min read
When your Florida house needs work, Cash Flow Deals gives you a choice: the Fast Cash Offer, where we buy your house as-is and close, or the Premium Cash Offer, where a pre-approved FHA or conventional buyer we already have, ready to go, pays more and buys directly from you. Selling as-is does not erase your state's disclosure duty. Under Johnson v. Davis, you must still disclose known material defects that are not visible to the buyer. Radon disclosure is required by statute in every contract. As-is means you have no repair obligation; it does not remove your disclosure duty.
| 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. | You have the same disclosure duty before signing whether you choose the Fast Cash Offer or the Premium Cash Offer. The number is agreed before any work starts, and it changes only if you agree. 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. |
| 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. | Premium Cash Offer: we are paid as a separate line item on the closing statement, unaffected by what disclosure turns up. Fast Cash Offer: no listing commission to us. |
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: Disclose What You Know, Then Choose Your Offer
Cash Flow Deals' Process: 1. Request your written offers with Cash Flow Deals. 2. Cash Flow Deals asks about known defects, radon status, and material conditions that aren't visible to a buyer so you can address your Florida disclosure duties before signing. 3. You choose between the Fast Cash Offer, where we buy your house as-is and close, and the Premium Cash Offer, where a pre-approved FHA or conventional buyer we already have, ready to go, pays more and buys directly from you. We cover repair costs, and we figure out a way, so nothing comes out of your pocket. With Premium, only what the buyer's lender requires gets fixed, with repair costs covered upfront and settled from the sale proceeds from our share; with Fast Cash, you make no repairs. The number is agreed before any work starts, and it changes only if you agree. 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. 4. With Premium, your home may be listed through Silver Door Realty, a licensed Florida brokerage, with a licensed agent and scheduled showings. Your buyer signs a new contract directly with you; title transfers once, directly from you to that buyer, funded by the buyer's own FHA or conventional lender. We are paid as a separate line item on the closing statement. If the buyer's loan falls through, that is our problem, not yours, and you can still take the Fast Cash Offer at its own number instead of the Premium Cash Offer.
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 you actually knew and when. This is a fact-specific legal question, so confirm specifics with a licensed Florida real estate attorney rather than guessing at an outcome. Cash Flow Deals asks disclosure questions upfront so known defects can be considered before you sign. Disclosing what you know helps address problems early, but it does not eliminate your disclosure duties or determine the outcome of a later legal dispute.
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.
How does Cash Flow Deals assess my home's condition before I choose an offer?
Cash Flow Deals starts with disclosure questions and written offers so you can compare the Fast Cash Offer and the Premium Cash Offer. With Fast Cash, we buy your house as-is and close. With Premium, a pre-approved FHA or conventional buyer we already have, ready to go, pays more and buys directly from you; the buyer's lender's requirements determine which repairs are needed. Both paths include an inspection period. The number is agreed before any work starts, and it changes only if you agree. 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.
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.