Question 1

What is property condition disclosure in Florida?

Accepted Answer

Property condition disclosure is the seller’s obligation to disclose known defects in the property. In Florida: unlike many states, Florida does NOT have a mandatory statutory disclosure form for residential property. Instead: the seller’s obligation comes from: Johnson v. Davis (1985) (the landmark Florida Supreme Court case holding that the seller of residential property has a duty to disclose known material facts that affect the property’s value and are not readily observable by the buyer), and the AS IS clause (the FAR/BAR "AS IS" contract shifts the risk to the buyer, but the seller must still disclose known material defects).

Question 2

What must a Florida seller disclose?

Accepted Answer

Disclosure requirements: material defects (conditions that significantly affect the property’s value or habitability), known defects (the seller is only required to disclose defects they actually know about; no duty to investigate or discover defects), and latent defects (defects that are not readily observable by the buyer; the seller has no duty to disclose patent defects that the buyer can see). Common disclosable items: foundation problems, water intrusion or mold, plumbing or electrical issues, roof leaks, pest infestations, sinkhole activity, and neighborhood nuisances.

Question 3

What happens if a Florida seller fails to disclose?

Accepted Answer

Failure to disclose: the buyer may: rescind the contract (cancel the sale and recover the purchase price), sue for damages (the cost to repair the undisclosed defect), and sue for fraud (if the seller intentionally concealed the defect). The buyer must prove: the seller knew about the defect, the defect was material (it affected the property’s value or the buyer’s decision to purchase), and the defect was not readily observable (the buyer could not have discovered it through a reasonable inspection). The AS IS clause does not protect the seller from fraud claims.

Property Condition Disclosure

Property Condition Disclosure in Florida

Florida Rule

What to Disclose

Failure Consequences

Related Terms

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