Florida law requires sellers to disclose all known facts that materially affect the value of a property and are not readily observable by the buyer. This covers structural defects, water damage, mold, pest infestations, unpermitted work, and sinkhole history. Effective October 1, 2025, an expanded flood disclosure law also requires sellers to document any flooding that damaged the property during their ownership — even if no insurance claim was ever filed — and any financial assistance received from any source to repair that damage. The Flood Disclosure form (FD-2) must be delivered to the buyer at or before the purchase contract is signed.
Most sellers glance at the Seller's Property Disclosure form (SPDR), answer the obvious questions, and move on — that's where mistakes happen. Getting it wrong doesn't just create legal exposure; it can unwind a deal after closing or invite a lawsuit.
What Florida sellers are required to disclose
Florida follows a known-defect disclosure standard — you must tell buyers about any known fact that materially affects value and isn't readily observable. The law doesn't require hiring an inspector to hunt for unknown problems; it's about what you know, and if you know it, you must disclose it, even if repaired.
Common items on the form: roof leaks or damage (including past, repaired ones), water intrusion or flooding, mold or mildew (current or past, with remediation history), pest infestations and treatment history, structural problems, unpermitted work, sinkhole history, HOA or deed restriction issues, environmental hazards (asbestos, lead paint for pre-1978 homes, radon), and prior insurance claims for significant damage. You are not required to disclose whether someone with HIV/AIDS lived in the home, or whether a death occurred on the property — Florida statute specifically exempts these.
If you're unsure whether something rises to the level of a material defect, err toward disclosure. The legal consequences of concealment — even unintentional — far outweigh the discomfort of answering honestly.
The new flood disclosure rules that took effect October 2025
Before October 2025, sellers only had to disclose flood-related insurance claims or federal assistance received. The updated Flood Disclosure form (FD-2) expanded this considerably:
- Any flooding that damaged the property during your ownership, whether you filed a claim or not. This is the big change — sellers who paid out of pocket to fix flood damage previously didn't have to disclose it. That's no longer the case.
- Any flood insurance claim filed — with NFIP or a private insurer — regardless of whether it resulted in a payout, even if denied or withdrawn.
- Any financial assistance from any source — not just FEMA, but state, local, private, or charitable assistance too.
This matters especially in Southwest Florida given widespread flooding during Hurricane Ian in September 2022 — if your home took on water during that period, even if repaired without a claim, it belongs on the disclosure form now. Timing matters too: the form must be delivered at or before the purchase contract is signed, not at closing.
"I'm selling as-is" — does that change anything?
No — and this is one of the most persistent misconceptions we hear. Selling as-is affects the buyer's right to demand repairs after the inspection period; it means you're not promising to fix anything. It does not exempt you from disclosing known defects.
If you know the roof has leaked and you're selling as-is, you still have to disclose it. The buyer decides whether to proceed knowing that — but if you conceal it and they find it after closing, the as-is language won't protect you. Florida courts have consistently upheld sellers' liability for known, undisclosed defects even in as-is transactions. The distinction: as-is means you won't fix it — it doesn't mean you don't have to mention it.
What buyers should look for on the disclosure form
Scrutinize roof age and leak history (roofs over 15 years can be difficult to insure), any water intrusion entries even described as "minor" or "resolved," flood disclosure details if near the Gulf, Imperial River, or Estero Bay, pest treatment history, sinkhole entries, HOA-related items, and any unpermitted renovations that could create title or financing complications. Remember: the disclosure tells you what the seller knows; your inspection tells you what a licensed inspector can observe — these aren't the same thing, and both together give you the fullest picture.