In Florida, sellers must disclose facts that materially affect a property's value and are not readily observable - a duty established by the Florida Supreme Court in Johnson v. Davis. Known flooding or water-intrusion problems generally fall under that duty. However, Florida Statutes section 689.25 specifically provides that a death on the property, including by homicide or suicide, is not a material fact that must be disclosed. When in doubt, disclose - and confirm specifics with a Florida real estate attorney.
Two questions come up constantly for Florida sellers: do I have to reveal a death that happened here, and do I have to disclose past flooding? The answers are different, and both matter for a clean sale.
1. The core Florida disclosure duty
Florida's leading case, Johnson v. Davis, established that a seller must disclose facts materially affecting the value of the property that are not readily observable and are not known to the buyer. This is the foundation of Florida's seller disclosure obligation and covers hidden, significant defects.
2. Flooding and water intrusion
Known flooding, repeated water intrusion, or a history of water damage generally is a material fact affecting value and should be disclosed. Hiding a known, recurring water problem can lead to liability. Disclosing it up front, ideally with any repairs documented, protects you and builds buyer trust.
3. A death on the property
Florida law treats this differently. Under Florida Statutes section 689.25, the fact that a property was the site of a homicide, suicide, or death is not a material fact that must be disclosed in a real estate transaction, and there is no cause of action for failing to disclose it. That said, you cannot lie if directly asked - honesty is always the safe path.
4. What you generally should disclose
Beyond flooding, common material items include roof leaks, structural issues, active pest infestation, drainage or sinkhole activity, and known code or permit problems. A completed seller's disclosure form covering what you know reduces disputes and helps the sale close smoothly.
5. When in doubt, disclose - and get advice
Disclosure law can be nuanced, and the cost of over-disclosing is almost always lower than the cost of a post-closing claim. For anything uncertain - especially unusual history or borderline defects - a Florida real estate attorney can advise on your specific situation.
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Raphaela Rolim - Real Estate in Florida
THE TEAM by LPT Realty LLC
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Frequently asked questions
Do I have to disclose a death in the house in Florida?
No. Florida Statutes section 689.25 states that a death on the property, including by homicide or suicide, is not a material fact that must be disclosed, and there is no cause of action for not disclosing it. Do not misrepresent it if asked directly.
Do I have to disclose flooding when selling in Florida?
Known flooding or recurring water intrusion generally is a material fact affecting value and should be disclosed under Johnson v. Davis. Documenting any repairs helps.
What happens if I do not disclose a material defect?
Failing to disclose a known, non-obvious material defect can expose you to liability after closing. When uncertain, disclose and consult a Florida real estate attorney.
Informational only and not legal advice. Disclosure rules reference Florida case law (Johnson v. Davis) and Florida Statutes section 689.25 and can be nuanced; confirm your specific situation with a Florida real estate attorney. Commissions are negotiable and are not set by law. Submitting a form does not list your home or create an agency relationship; representation begins only upon a signed listing agreement.
