Florida Seller Disclosure Requirements When Selling a House
Last updated 2026-06-05 · Reviewed by Camilo Palacio, Licensed Florida Real Estate Professional (License #3280644, REALTOR®)
Florida law requires you to disclose any known fact that materially affects your home's value and is not readily observable by the buyer. This duty applies even when you sell as-is. It covers things like flooding, roof leaks, structural damage, or a past sinkhole. You do not have to inspect for unknown problems. You simply cannot hide a known major defect.
| Item | What you must do | Why it matters |
|---|---|---|
| Known material defects | Disclose in writing | Hiding them is the main source of seller liability in Florida |
| Defects you cannot see (latent) | Disclose if you know | The buyer cannot find these on a normal walkthrough |
| Obvious defects (patent) | No special duty | The buyer can see them and judge for themselves |
| Problems you genuinely don't know about | No duty to find them | You disclose what you know, not what you never discovered |
| Selling as-is | Still disclose known defects | As-is removes your repair duty, not your honesty duty |
| Disclosure form | Use a written property disclosure | A signed written record protects both sides |
The core Florida disclosure rule
Florida follows one main standard, set by long-settled state case law: a seller must disclose facts that materially affect the value of the property and are not readily observable to the buyer. That sentence carries the whole weight of seller disclosure in Florida. Break it into three parts. First, the fact has to be material, meaning it actually changes what the home is worth or whether a reasonable buyer would still buy. A worn carpet is not material. A foundation crack is. Second, you have to actually know about it. The rule covers known facts, not problems you never discovered. Third, the issue has to be hidden, the kind of thing a buyer would not catch on a normal walkthrough. Put together, the duty is narrow and fair: tell the buyer about the serious, hidden problems you already know about. You do not have to hire inspectors, dig for issues, or guarantee the home is perfect. You just cannot stay silent on a major defect you are aware of.
What counts as a material defect
Material defects are the problems that move the price or scare off a reasonable buyer. In Florida the common examples are flooding or repeated water intrusion, an active roof leak, structural or foundation damage, a past or present sinkhole, termite or pest damage, mold, a failed septic system, polybutylene plumbing, and unpermitted additions. Title and money issues count too, like an open lien, a code violation, or a boundary dispute. The test is not how expensive the repair is on its own. The test is whether a reasonable buyer would want to know before agreeing to a price. If knowing the fact would likely change their offer or their decision, it is material and you disclose it. When you are unsure whether something rises to that level, the safe move is to disclose it anyway. Over-disclosing has almost no downside. Hiding a known defect is where sellers get sued.
Patent vs latent: what you do and don't have to flag
Florida draws a line between patent defects and latent defects, and the difference decides your duty. A patent defect is obvious, the kind a buyer can see during a normal walkthrough, like a visibly sagging porch or a stained ceiling. You are generally not required to point those out, because the buyer can observe them and weigh them. A latent defect is hidden, something a buyer cannot reasonably discover by looking, like a slab leak under the floor, prior flooding that has since dried, or buried foundation repair. Latent defects you know about are exactly what the disclosure rule targets. This is also why an inspection still matters. The buyer's inspection is meant to catch patent problems and surface possible latent ones. Your disclosure fills the gap an inspection cannot reach: the history only you know.
As-is does not cancel your disclosure duty
This is the part sellers most often get wrong. Selling as-is means you make no repairs. It does not mean you can hide what you know. Florida's standard as-is contract removes your obligation to fix things, and it lets the buyer accept the home in its current condition, but the duty to disclose known material defects survives untouched. Courts have been clear that an as-is clause does not shield a seller who actively conceals or fails to disclose a known hidden defect. So you can sell a home with a bad roof, an old AC, or a cracked driveway and owe nobody a repair, as long as the buyer knows about the serious hidden issues you are aware of. The practical takeaway: as-is protects your wallet from the repair list, and honest disclosure protects you from the lawsuit. You want both.
How disclosure works with the Cash Flow Deals path
Cash Flow Deals connects you with a real bank-financed buyer and buys your home as-is, so you make zero repairs. Your disclosure duty stays the same as any Florida sale: you tell the buyer the known material defects, and that honesty actually protects you. Because the buyer is purchasing as-is with full knowledge of the condition, there is no incentive to chase you later over a problem you already named. The price is locked at signing, so a disclosed issue does not become a tool to grind your number down after the fact. The whole sale closes through one title transfer handled by Title Guaranty of South Florida, a licensed Florida title company, which also runs the title search that surfaces liens and recorded issues. The service is free for sellers, and Cash Flow Deals is paid as a separate line on the closing statement, not out of your proceeds. Disclose what you know, sell as-is, lock the price, transfer the title once. To walk through your specific situation, call 786-891-9111.
Common questions
Does Florida require a seller disclosure form?
Florida law requires you to disclose known material defects that are not readily observable, and a written property disclosure is the standard way to do it. A signed written disclosure creates a clear record that protects both you and the buyer, so most Florida sales use one.
Do I still have to disclose if I sell my house as-is?
Yes. An as-is sale removes your duty to make repairs, not your duty to be honest. You must still disclose known material defects that a buyer cannot easily see. Courts have ruled an as-is clause does not protect a seller who hides a known hidden defect.
What happens if I don't disclose a known defect in Florida?
Failing to disclose a known material defect can expose you to liability, including a buyer's claim for damages or rescission after closing. The risk is highest with hidden defects you knew about and concealed. Disclosing what you know is the simplest way to stay protected.
Do I have to disclose problems I don't know about?
No. The Florida duty covers known facts. You are not required to inspect for or guarantee against defects you genuinely do not know about. You disclose what you actually know, not what you never discovered.
Does selling to Cash Flow Deals change what I disclose?
No. Your disclosure duty is the same as any Florida sale. You sell as-is, disclose known material defects, and the price locks at signing. Closing runs through Title Guaranty of South Florida. Call 786-891-9111 to start.