What are the disclosure requirements for home sellers in Florida?

In Johnson vs. Davis, the Florida Supreme Court held that “where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer.” In Rayner vs. Wise Realty Co. of Tallahassee, the Florida First District Court of Appeal said the disclosure requirement also applies to residential properties that are being sold “as is.” These rulings require a seller to tell a buyer about anything that would reduce the value of the property or make the property less desirable.

Florida law (Section 689.25(1)(b)) states that a homicide, suicide, or death that occurred on a property or a diagnosis of HIV or AIDS infection in a previous occupant are not material facts and are not required to be disclosed in a real estate transaction. 

Disclosures may be made verbally or in writing, although it is highly recommended to make a disclosure in writing so that evidence of it exists if there is a dispute.