The Johnson v. Davis Standard
In the landmark 1985 case Johnson v. Davis, the Florida Supreme Court established that home sellers must disclose any known facts that materially affect the value of the property and are not readily observable or known to the buyer. This is the foundation of Florida seller disclosure law.
The duty to disclose applies to facts that:
- Are known to the seller
- Materially affect the value of the property
- Are not readily observable by the buyer
- Are not known or reasonably discoverable by the buyer
What Must Be Disclosed in Florida
Florida sellers are typically required to disclose:
- Roof defects or known leaks — even if repaired
- Plumbing issues — pipes, water pressure, sewage problems
- Foundation and structural problems — cracks, settling, prior repairs
- Mold or moisture issues — especially in Florida's humid climate
- Termite or pest damage — current or historical
- Sinkhole activity or proximity — Florida is sinkhole-prone
- Flood zone status and history — if the property has flooded
- Chinese drywall — common in homes built 2001-2009
- HOA issues, assessments, or pending litigation
- Boundary disputes or encroachments
- Environmental hazards — including underground oil tanks, asbestos in older homes
What You Don't Have to Disclose in Florida
Florida has several notable exceptions to the disclosure requirement:
- Death on the property — Florida law specifically states sellers are not required to disclose that a prior occupant died in the home (F.S. 689.25)
- Psychological stigma — murders, suicides, or criminal activity that occurred in the home need not be disclosed
- HIV/AIDS status — of prior occupants
- Sex offender proximity — not required at state level (though check local ordinances)
The Seller's Disclosure Form
While Florida doesn't have a statutory form, the Florida Association of Realtors (FAR) provides a standard Seller's Property Disclosure form (SPDR) that is widely used. This form asks about known issues with all major systems and components. Even if you're selling without an agent, completing a comprehensive disclosure form protects you legally.
When selling as-is, the as-is contract does NOT relieve you of the obligation to disclose known material defects. An as-is sale simply means the seller won't make repairs — not that they can hide defects from the buyer.
Consequences of Failing to Disclose
Failing to disclose known material defects can expose Florida sellers to:
- Rescission of the sale (buyer gets to cancel and get their deposit back)
- Damages claims for repair costs and diminished value
- Fraud claims in egregious cases
- Attorney's fees and court costs
Florida courts have consistently ruled against sellers who concealed known defects. The safest approach is always to disclose — even issues you've had repaired.