Real estate transactions in Florida involve more than purchase contracts, title searches, and closing costs. At their core, they are built on trust. Buyers need assurance that the property they are purchasing is what it appears to be, while sellers need clarity about what they must reveal to avoid future liability.
Florida law requires sellers and their brokers to disclose material defects, including in specific areas such as radon, homeowner associations, and condominiums.
In the past, Florida law followed the doctrine of caveat emptor ‘let the buyer beware.’ Sellers were not required to volunteer information about property defects, and all the burden fell on buyers to thoroughly inspect the property.
This left buyers exposed to potential future costs and headaches. For example, a buyer who did not properly inspect a leaky roof risked being held responsible for repairing the damage after purchasing the home, and the buyer had no recourse against the seller, even if the seller was aware of the roof’s condition.
Florida real estate disclosure law has evolved into a more balanced approach that protects buyers while ensuring sellers and brokers understand their obligations. Currently under the law, a seller of residential real property who knows of facts materially affecting the value of the property, which are not readily observable and not known to the buyer, has a duty to disclose them.
Some common disclosure issues:
- Roof leaks – Especially during hurricane season.
- Water intrusion and mold – Especially in our humid Florida climate.
- Termites and infestations – Even if treated, past damage can lower value.
- Structural problems – Cracks, foundation issues, or unstable soil.
What About Commercial Property?
Most of the disclosure law in Florida focuses on residential property. As homebuyers need more protection than seasoned investors.
That said, if you’re selling commercial property and you knowingly cover up a serious issue, you may still face fraud or misrepresentation claims. For business deals, due diligence is critical, but intentional silence can still come back to haunt the seller.
Practical Tips for Sellers:
- Disclose in writing. Don’t rely on memory or conversations. A written disclosure protects both sides.
- Don’t hide behind “as-is”. That clause may limit your repair obligations, but it doesn’t excuse nondisclosure.
- Think long-term. The cost of disclosure now is far less than the cost of defending a lawsuit later.
Practical Tips for Buyers:
- Ask direct questions. Sellers are legally bound to answer truthfully.
- Hire inspectors. Courts draw the line between what’s hidden and what you should’ve noticed.
- Don’t ignore red flags. Water stains, musty smells, or patched walls deserve closer attention.
About our Firm:
At Ser & Associates, we guide buyers, sellers, and agents through Florida’s disclosure rules. Whether you need preventive advice before closing or representation in a dispute, you can contact us at 305-222-7282 or Info@Ser-Associates.com, our attorneys are here to protect your rights and your investment.
For more legal insights, visit www.Ser-Associates.com and follow us on Instagram, Facebook, and LinkedIn!
