Florida Seller Disclosures: What Jupiter Home Sellers Must Tell Buyers

Florida is not a buyer-beware state for residential sales. If you know about a problem that affects value and the buyer cannot easily see it, you are expected to say so. A few statutes add specific written disclosures on top of that.

I am Kyle Camerlinck, broker and owner of Taiter Realty in Jupiter. I have been a licensed Florida real estate professional since December 15, 2020, and I hold Florida broker license BK3487029. Disclosure is one of the areas where I see sellers create the most avoidable risk, usually by saying too little or answering a question they were not asked.

What is the general duty to disclose in Florida?

In Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), the Florida Supreme Court held that a seller of a home who knows of facts materially affecting its value, which are not readily observable and not known to the buyer, must disclose them. Selling "as is" does not remove that duty. The Florida Realtors and Florida Bar AS IS contract lets the buyer inspect and walk away during the inspection period, but it does not let a seller hide known latent defects.

Common examples in Jupiter: past roof leaks, seawall or dock problems, prior water intrusion, open or expired permits, and known association special assessments.

Which disclosures does Florida law specifically require?

Flood disclosure. Florida law (section 689.302, Florida Statutes, as amended) requires every residential seller to give the buyer a written flood disclosure at or before contract. It asks whether you know of any flooding that damaged the property during your ownership, whether you filed a flood claim, and whether you received assistance from any source, including FEMA.

Radon. Under s. 404.056(5), a specific radon gas notice must be provided in writing at or before the contract for sale of any building. Standard Florida contracts include it.

Property tax. Under s. 689.261, the buyer must receive a property tax disclosure summary stating that the buyer should not rely on the seller's current taxes, because a change of ownership triggers reassessment. In Jupiter, where long-time homestead owners often have capped values, the difference can be large. I explained why in why a buyer’s tax bill can jump after closing.

HOA. In a mandatory homeowners' association, s. 720.401 requires a disclosure summary covering membership, assessments and recorded covenants.

Condominium. Condo resales carry their own document requirements under s. 718.503(2).

Oceanfront. Property partly or fully seaward of the Coastal Construction Control Line has its own disclosure under s. 161.57.

How should I handle disclosure as a seller?

• Write down what you actually know, with dates and invoices for repairs.
• Answer each question as asked. Do not guess and do not volunteer opinions as facts.
• Pull your permit history so nothing surprises you on the buyer's search.
• Ask a Florida real estate attorney when a fact pattern is unclear.

Good disclosure is not just legal protection. It builds buyer confidence, which matters when a buyer is weighing your home against two others.

Frequently asked questions

What does a Florida home seller have to disclose?

Under Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), a seller of a home who knows of facts that materially affect its value, and that are not readily observable or known to the buyer, must disclose them. Statutes add specific written disclosures, including flood history (s. 689.302), radon (s. 404.056(5)), and the property tax summary (s. 689.261).

Does Florida require a seller's disclosure form?

Florida law does not prescribe one general seller's disclosure form for every sale, but it does require specific disclosures, and many sellers complete a written disclosure to document what they know.

Do I need to disclose a past flood if I never filed a claim?

The flood disclosure under s. 689.302 asks whether you know of flooding that damaged the property during your ownership, not only whether you filed a claim. Answer each question as written and ask your attorney if unsure.

Does an HOA home need an extra disclosure?

Yes. For a home in a mandatory homeowners' association, s. 720.401 requires a disclosure summary, supplied by the seller when the seller is not the developer, and the contract must refer to it.

My recommendation

Disclose what you know, document your repairs, and get advice before you sign anything that summarizes your home's condition.

If you are thinking about selling in the next 6 to 24 months, send me your address and I will put together a private value range built on recent closed sales, not list prices. No obligation, and nothing goes on the market until you decide.

This article is general information, not legal, tax, insurance, or financial advice, and it is not an appraisal. Laws change; confirm current requirements with a Florida real estate attorney. Items marked TBD are figures I have not verified.

Kyle Camerlinck | Taiter Realty, Jupiter FL Luxury Real Estate
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