In Florida, sellers must disclose known material defects that affect the value of the home and are not readily observable to the buyer - a duty established by Florida case law (Johnson v. Davis). This applies even when you sell "as-is." Common disclosures include roof or structural issues, water intrusion or past flooding, HVAC/plumbing/electrical problems, sinkhole activity, and known permit issues. Honest, complete disclosure protects you from disputes later. This is general information - confirm specifics with a real estate attorney.
Disclosure isn't about scaring buyers away - it's about selling with confidence and reducing your legal risk. Here's the plain-English version for Florida sellers.
The core rule: known material defects
Florida sellers must disclose defects they know about that materially affect the property's value and that a buyer couldn't easily see. "As-is" means you won't make repairs - it does NOT remove your duty to disclose what you know.
Commonly disclosed items
Roof age/leaks, structural or foundation issues, past or present water intrusion and flooding, mold, HVAC/plumbing/electrical problems, sinkhole history, prior insurance claims, and unpermitted work or open permits. When in doubt, disclose.
How disclosure helps you sell
Clear, upfront disclosure (often via a standard seller's disclosure form) builds buyer trust, reduces renegotiation after inspection, and lowers the risk of a claim after closing. A pre-listing inspection can help you disclose accurately and price with confidence.
Three free ways to start - no obligation
1. Free Home Value Review. Know your price with condition factored in.
2. Free Seller Net Sheet. Your estimated net proceeds.
3. Free 15-Minute Selling Strategy Call. Walk through your situation, no pressure.
Raphaela Rolim - Real Estate in Florida
THE TEAM by LPT Realty LLC
Call or text: (689) 222-7912
Frequently asked questions
Do I have to disclose if I sell as-is in Florida
Yes. Selling as-is means you won't make repairs, but you still must disclose known material defects that aren't readily observable.
What counts as a material defect
An issue that meaningfully affects the home's value or safety and isn't easily seen - like roof leaks, structural problems, water intrusion, or sinkhole activity.
What if I'm not sure whether to disclose something
When in doubt, disclose it. Over-disclosing protects you; confirm specifics with a real estate attorney.
Informational only and not legal advice, and not a solicitation of property already listed with another broker. Marketing exposure is subject to brokerage, MLS, and platform rules. 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.
