01
Property Condition Disclosure
Under Johnson v. Davis (Fla. 1985), sellers must disclose all facts materially affecting the property's value that are not readily observable. Practically: any known defect, past repair, unresolved issue, or warranty claim on the structure, systems, or land.
Always, for every residential sale.
02
Flood Zone & Prior Flood Damage
Florida Statute 689.302 requires disclosure of whether the property is in a FEMA-designated flood zone, whether the seller has ever filed a flood-related insurance claim, and whether the seller has received any federal flood disaster assistance.
Required as of October 2024. Heavily enforced post-Helene/Milton.
03
Lead-Based Paint
Federal law (42 U.S.C. 4852d) requires any pre-1978 home be sold with a federal lead-paint disclosure form, a 10-day inspection window for the buyer, and the EPA pamphlet "Protect Your Family From Lead in Your Home."
Homes built before 1978 only.
04
HOA or Condo Addendum
Florida Statute 720.401 requires that homes governed by a mandatory HOA include a disclosure summary at or before the contract signing. For condos, Florida Statute 718.503 requires full condominium documents (declaration, bylaws, rules, most recent financial statements) be provided to the buyer.
Any HOA, condominium, or co-op property.
05
Radon Gas Notice
Florida Statute 404.056 requires every contract for sale or lease of a building to contain a specific, verbatim radon gas notice. The language is prescribed by statute; you cannot paraphrase it.
Every sale, verbatim statutory language.
06
Coastal Construction Control Line
Properties seaward of the Coastal Construction Control Line (CCCL) require disclosure under Florida Statute 161.57. This affects virtually every beachfront residence from Jacksonville to Pensacola.
Oceanfront and near-oceanfront properties only.
07
Open Permits & Unpermitted Work
Not statutorily required, but strongly recommended under the Johnson v. Davis doctrine. Any additions, modifications, or major repairs done without the required building permits should be disclosed, along with any open or expired permits still on county records.
Whenever applicable; failure often voids deals at closing.
08
Material Defects Known By The Seller
This is the catch-all. Roof leaks, foundation cracks, mold remediation, past water intrusion, pest damage, failed septic inspections, malfunctioning pool systems, code violations. If you know about it and it affects value, disclose it.
Always, when applicable.