Are you selling your home in Florida? If so, you may have been given a Seller Disclosure Form. The form is designed to guide sellers in disclosing issues that could impact various aspects of the home. Seller disclosures are required by Florida law. Our Florida real estate attorney explains Florida property disclosure laws in this blog.
What Is a Seller Legally Obligated to Disclose When Selling Real Estate in Florida?
Generally, the law requires sellers to disclose any information or facts that could impact the real estate’s value or desirability. Required seller disclosures cover matters related to environmental hazards, pest infestations, zoning restrictions, structural problems, homeowner’s association restrictions, and much more.
Examples of seller disclosures include, but are not limited to:
- Termite infestations
- Roof defects
- Issues with the heating and cooling system
- Plumbing and/or electrical problems
- Environmental hazards including lead paint, mold, sink holes, hazardous waste sites, radon, and asbestos
- Disputes about property lines
- Appliances or features that do not work properly
- Cracks or problems with the foundation
- Past and present water leaks
- Title defects and problems
- Zoning ordinances and HOA obligations
Florida law requires sellers to disclose all known defects and problems. The Seller Disclosure Form covers many of the required disclosures. However, a seller has an obligation to disclose information they know that might not be included in the disclosure form.
Purchasers may have the property inspected at their expense. The seller must disclose the required information even if the purchaser pays for an inspection.
Do I Need to Provide Seller Disclosures if I Am Selling Property “As Is” in Florida?
A property may be sold in “as is” condition. That means that the buyer accepts the property in its present condition. The seller is not required to make improvements or repairs.
However, including an “as is” clause in a sales contract does not alleviate the seller’s responsibility to disclose known problems and defects. The seller should disclose all information just like they would if they were selling the property without an “as is” clause.
Are There Things a Seller Is Not Required to Disclose?
Florida law does not require sellers to disclose some types of private information. For example, Florida Statute §689.25 states that a seller does not need to disclose that someone living in a home has been diagnosed or is infected with HIV. Additionally, the statute does not require a seller to disclose that the house may have been the site of or the suspected site of a homicide, death, or suicide.
Exceptions to seller disclosures for real estate transactions are limited. If you are in doubt, it is best to talk with an experienced real estate lawyer. You do not want to put yourself in the position of defending a lawsuit for failing to disclose the required information for a real estate transaction.
Schedule a Consultation with our Florida Real Estate Attorney for More Information
Florida property disclosure laws can be difficult to navigate. Sellers could face significant legal and financial consequences for mistakes. Contact The Law Offices of Jeffrey A. Herzog, P.A., to discuss your questions and concerns with an experienced Florida real estate attorney.