Quick answer: When you sell a house in Florida, you have to disclose facts you know of that materially affect its value, that are not readily observable and that the buyer does not already know, under the Florida Supreme Court's 1985 decision in Johnson v. Davis, and a 2025 Florida Senate staff analysis says that duty applies even when the buyer agrees to buy a home "as is." Since October 1, 2024, Florida law has also required the seller of residential real property to complete and provide a written flood disclosure at or before the time the contract is signed (s. 689.302), and an amendment effective October 1, 2025 added a question about flood damage during the seller's ownership. Some written notices apply to every home sale: radon, the property tax summary and the energy-efficiency rating notice. Others depend on the property: HOA and condo documents, the coastal construction control line for beachside parcels, paid sinkhole claims, pending code cases and lead paint for homes built before 1978. Whether a specific fact about your house has to be disclosed is a question for a Florida real estate attorney, not for me.
If you are getting ready to sell a house in Port St. Lucie or anywhere in St. Lucie, Martin or Indian River County, one of the first questions is "what do I have to tell the buyer?" Florida answers in two layers: a 1985 court rule about what you know, and written notices, some required in every home sale and others that depend on the property. This post does not tell you whether a particular fact about your house has to be disclosed. That is a question for a Florida real estate attorney.
What do you have to disclose when selling a house in Florida?
The starting point is Johnson v. Davis, 480 So. 2d 625, decided by the Florida Supreme Court on October 31, 1985. In plain words: if you know of something that materially affects what the house is worth, the buyer cannot readily see it, and the buyer does not already know it, you have to tell the buyer. The court's holding:
"Accordingly, we hold 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."
The case was about a roof. The sellers "knew of and failed to disclose that there had been problems with the roof of the house," and the court ruled for the buyers. It said the duty applies to all forms of real property, new and used. Whether a given fact meets that test is a call for your attorney.
A March 24, 2025 Florida Senate staff analysis notes one limit: courts still apply caveat emptor (buyer beware) to "as-is" contracts for non-residential property (Florida Holding 4800 v. Lauderhill Mall Investment, Fla. 4th DCA 2021); I found no Florida Supreme Court ruling squaring that with Johnson's broader wording.
What is the Florida flood disclosure form?
CS/CS/HB 1049 (chapter 2024-215) created s. 689.302, effective October 1, 2024. CS/CS/SB 948 (chapter 2025-166), approved June 20, 2025, amended it effective October 1, 2025, removing the word "federal" from the assistance question and adding a question on known flood damage during the seller's ownership (per the Senate analysis and the 2026 text). The rule, in the 2026 edition: "A seller must complete and provide a flood disclosure to a purchaser of residential real property at or before the time the sales contract is executed."
The form opens with a notice that homeowners' policies do not cover flood damage, then asks three questions, each with a "has" box and a "has no" or "has not" box. First, whether you know of any flooding that damaged the property during your ownership. Second, whether you have filed a flood damage claim with an insurance provider, including a National Flood Insurance Program claim. Third, whether you have received assistance for flood damage to the property, including from the Federal Emergency Management Agency.
"Flooding" on the form covers overflow of inland or tidal waters, the unusual and rapid accumulation of runoff or surface water from an established water source, and sustained standing water from rainfall. A seller who never flooded is still covered by that rule and answers with the "has no" and "has not" boxes. And the form is narrower than Johnson: its first question is limited to your ownership, while Johnson turns on what you know. If you know of earlier flooding, ask your attorney how to handle it.
The Senate analysis also notes that "the appellate courts are split as to whether a tendency to flood is readily observable": in Nelson v. Wiggs (Fla. 3d DCA 1997) seasonal flooding was common knowledge and the claim failed, while in Newbern v. Mansbach (Fla. 1st DCA 2001) the appellate court ruled for the buyers.
The Florida Realtors and Florida Bar AS IS Residential Contract for Sale and Purchase (ASIS-7x) does not contain the s. 689.302 disclosure. Its paragraph 10(d) is different: it advises the buyer to verify the flood zone by elevation certificate and lets the buyer terminate within a set period (20 days if left blank) in certain flood zone situations.
What other notices does a Treasure Coast seller run into?
"Para." means a paragraph of that AS IS contract.
| Disclosure | Applies to | What and when | Source |
|---|---|---|---|
| Flood disclosure | Sellers of residential real property | Completed form, at or before contract | s. 689.302 |
| Radon gas notice | Sale of any building | Statutory text on at least one document signed at or before contract | s. 404.056(5); para. 10(a) |
| Property tax summary | Residential sales | At or before contract; seller provides unless it is in the contract | s. 689.261; para. 10(h) |
| HOA disclosure summary | Parcels with mandatory association membership | Owner supplies before contract; if late, buyer may void in writing within 3 days after receipt or before closing, whichever is first | s. 720.401; para. 10(g) |
| Condo resale documents | Condo unit owners | Association documents at seller's expense; buyer may cancel within 7 days (excluding weekends and legal holidays) after signing and receiving them | s. 718.503(2) |
| Coastal construction control line | Property partly or totally seaward of the line | Written coastal statement at or before contract; affidavit or survey at or before closing unless waived in writing | s. 161.57; optional Rider N |
| Paid sinkhole claim | Sellers whose claim was paid | Before closing: claim paid, and whether full proceeds went to repair | s. 627.7073(2)(c) |
| Pending code case | Owners transferring during a proceeding | Written disclosure of the case, the pleadings and the new owner's duty to comply, before transfer; notice to code official within 5 days after | s. 162.06(5) |
| Lead-based paint | Housing built before 1978, with exceptions | Before buyer is obligated: pamphlet, known hazards, records, 10-day inspection opportunity (changeable or waivable in writing) | 40 CFR part 745, subpart F; para. 10(f) |
| Energy-efficiency rating | Real property with a building for occupancy | At or before contract: notice of the option for a rating | s. 553.996; para. 10(e) |
Beachside homes
State rules set a coastal construction control line in all three counties: in St. Lucie County from the Indian River County line to the Martin County line, on both sides of Fort Pierce Inlet (Fla. Admin. Code 62B-26.021, first adopted 1988); in Martin County from the St. Lucie line to the Palm Beach line, in two segments split at St. Lucie Inlet (62B-26.015, first adopted 1985); and in Indian River County from Sebastian Inlet to the St. Lucie line (62B-26.018, first adopted 1987). Confirm where the line falls on your parcel with a surveyor. For property seaward of it, s. 161.57 calls for a statement that the property may be subject to coastal erosion and to federal, state or local coastal regulations. A failure does not impair the contract or title or create a right of rescission. The AS IS contract handles the line only through optional Rider N, so ask your attorney whether it belongs in yours.
Property taxes, code cases and older homes
The tax summary warns the buyer that a change of ownership or improvements trigger reassessment (s. 689.261; see why the seller's tax bill can mislead a buyer). Beginning February 1, 2027, a property on a listing platform must show estimated ad valorem taxes, and printed listing materials may not include the current owner's taxes (s. 689.261(3), 2026 edition). Skipping the code case disclosures before transfer "creates a rebuttable presumption of fraud" (s. 162.06(5)). The lead rule (eCFR, current as of October 21, 2026) excludes housing for the elderly or persons with disabilities (unless a child under 6 lives or is expected to live there) and dwellings with no bedrooms, exempts foreclosure sales, and exposes knowing violators to civil penalties and three times damages.
Does selling a house "as is" mean you do not have to disclose?
Not for a home. The 2025 Senate staff analysis cites Rayner v. Wise Realty Co. of Tallahassee (Fla. 1st DCA 1987) and says: "This duty applies even if the buyer has agreed to purchase residential property 'as-is.'"
In paragraph 10(j) of the AS IS contract, headed Seller Disclosure, you state that you know of no undisclosed facts materially affecting value that are not readily observable, which closely tracks Johnson; you disclaim any other warranty or representation about the property's condition or history; and you state that, except as disclosed in writing, no government agency has notified you of a currently uncorrected building, environmental or safety code violation. The "as is" language sits beside the disclosure statement, not on top of it. I read a redlined PDF of the form and could not confirm its revision label, so read 10(j) in the version you sign. See also failed inspections under an AS IS contract.
What I could not confirm
Section 689.302 applies to sellers of "residential real property" but does not define the term, list exemptions or state a remedy. The Senate analysis describes no seller penalty. I found no source on how it treats new construction, vacant land, foreclosures, estate sales or bank-owned sales, and no 2026 amendment. If your sale fits one of those gray areas, take it to your attorney before the contract is signed. The cases other than Johnson are described from the Senate analysis, not from the opinions. I did not review every recent condo statute amendment; confirm the document list with the association. The energy statute does not say who hands the rating information over.
Who decides what goes on your disclosure?
I can tell you what these rules say and which notices your property calls for. I do not tell anyone whether a specific fact has to be disclosed; for that, ask a Florida real estate attorney before the listing goes live, and bring:
- The year the house was built.
- Any flood or sinkhole claims, any flood assistance, and what was repaired.
- Any code notice from the city or county, and whether a case is open.
- HOA or condo documents, requested early.
- A survey, if the parcel may be seaward of the coastal line.
- Repair records for known problems, such as a roof.
Settle these questions early, while a disclosure question is a conversation with your attorney and not a dispute with a buyer.
More for Treasure Coast sellers: my guides on why a Port St. Lucie house is not selling, selling a home with an old roof, homestead portability, capital gains when you sell your home, selling an inherited home and whether to sell first or buy first.
Questions sellers ask about Florida disclosure
What do I have to disclose when selling a house in Florida?
Under Johnson v. Davis (Fla. 1985), facts you know of that materially affect the home's value, are not readily observable and are not known to the buyer. Statutes add a flood disclosure (s. 689.302) and notices that apply to every home sale (radon, the property tax summary and the energy-efficiency rating notice), plus others that depend on the property: HOA or condo documents, the coastal construction control line, paid sinkhole claims, pending code cases and lead paint for homes built before 1978. Whether a specific fact must be disclosed is a question for a Florida real estate attorney.
If I sell my house as is, do I still have to disclose problems?
Yes for a residential sale, according to a March 24, 2025 Florida Senate staff analysis, which says the Johnson v. Davis duty applies even if the buyer agreed to buy residential property as is, citing Rayner v. Wise Realty (Fla. 1st DCA 1987). The AS IS contract's paragraph 10(j) also has the seller state that it knows of no undisclosed material facts that are not readily observable.
When do I have to give the buyer the Florida flood disclosure?
At or before the time the sales contract is executed, under s. 689.302. The requirement took effect October 1, 2024, and the amendment effective October 1, 2025 added a question about flood damage during the seller's ownership.
Do I fill out the flood disclosure if my house never flooded?
Yes. Section 689.302 says a seller "must complete and provide" the form, and each question has a "has not" or "has no" box, so a seller with no flooding, no flood claims and no flood assistance checks those boxes and still provides the form.
Can a buyer cancel over HOA or condo documents?
For an HOA, if the disclosure summary was not provided before signing, the buyer may void the contract by written notice within 3 days after receiving it or before closing, whichever comes first (s. 720.401). For a condo resale, the buyer may cancel within 7 days, excluding weekends and legal holidays, after signing the contract and receiving the association documents the statute lists; the right cannot be waived and ends at closing (s. 718.503(2)).
My house was built before 1978. What extra steps apply?
Under 40 CFR part 745, subpart F, before the buyer is obligated you provide the lead hazard pamphlet, disclose known lead-based paint or hazards, provide available records and allow a 10-day inspection opportunity. Housing for the elderly or persons with disabilities (unless a child under 6 lives or is expected to live there), dwellings with no bedrooms and foreclosure sales are excluded.
Talk with William. Before you list, call or text me with the address, the year the house was built and anything you know about past insurance claims, permits or code notices. I will match the property to the notices in this post, help you assemble the paperwork that goes with them, and write up the questions to take to your Florida real estate attorney. Call or text (772) 800-2274 or send a message.
General information, not legal, tax, lending or insurance advice, and not a guarantee of any sale, price or timeline. Whether a particular fact must be disclosed depends on the property and the facts and is a question for a Florida real estate attorney; the flood statute does not define residential real property or state a remedy, the decisions other than Johnson v. Davis are described from a 2025 Florida Senate staff analysis, and the revision label of the AS IS contract copy reviewed was not confirmed. Statute, rule and market references are as reviewed on October 24, 2026. William Merchant, REALTOR®, RE/MAX Gold. Each RE/MAX office is independently owned and operated. Equal Housing Opportunity.
Sources
- Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), Florida Supreme Court opinion decided October 31, 1985 (Justia)
- Florida Senate: Staff analysis of CS/SB 948, flood disclosures (March 24, 2025)
- Florida Statutes 689.302, seller flood disclosure requirement and form text (2026 edition)
- Florida Senate: CS/CS/HB 1049 (2024), creating s. 689.302, chapter 2024-215, effective October 1, 2024
- Florida Senate: CS/CS/SB 948 (2025), relating to flood disclosures, approved June 20, 2025, chapter 2025-166, effective October 1, 2025
- Florida Statutes 404.056(5), radon gas notice (2026 edition)
- Florida Statutes 689.261, property tax disclosure summary and listing rule beginning February 1, 2027 (2026 edition)
- Florida Statutes 720.401, homeowners' association disclosure summary (2026 edition)
- Florida Statutes 718.503, condominium resale documents and 7-day cancellation right (2026 edition)
- Florida Statutes 161.57, coastal construction control line disclosure (2026 edition)
- Fla. Admin. Code R. 62B-26.021, St. Lucie County coastal construction control line (Cornell LII, secondary host)
- Fla. Admin. Code R. 62B-26.015, Martin County coastal construction control line (Cornell LII, secondary host)
- Fla. Admin. Code R. 62B-26.018, Indian River County coastal construction control line (Cornell LII, secondary host)
- Florida Statutes 627.7073(2)(c), disclosure of a paid sinkhole claim (2026 edition)
- Florida Statutes 162.06(5), transfer of property in a pending code enforcement proceeding (2026 edition)
- eCFR: 40 CFR part 745, subpart F, lead-based paint disclosure on sale of target housing (current as of October 21, 2026)
- Florida Statutes 553.996, energy-efficiency rating information for prospective purchasers (2026 edition)
- Florida Realtors and Florida Bar: AS IS Residential Contract for Sale and Purchase (ASIS-7x), redlined PDF, paragraph 10 (revision label not confirmed)
