Seller's Property Disclosure in Florida: what a Canadian buyer must read, verify, and demand

Why this matters specifically for a Canadian buyer

A Canadian buyer arriving from Quebec is used to the DV (or DVD for divided co-ownership), an OACIQ-mandatory form attached to the offer to purchase. The buyer expects a similar mechanic in Florida. Three differences matter, and missing any of them costs money or rights.

First, in Florida, there is no single mandatory form. The disclosure obligation is a patchwork: a common-law duty defined by Johnson v. Davis, plus a series of statute-mandated written disclosures, plus a voluntary industry form (SPDR-4) that has become the de facto standard but is not itself the law. A Canadian buyer who treats the Florida Realtors SPDR-4 as the sole disclosure document is missing the statutory layer underneath.

Second, AS-IS sales are common in Florida, especially for inherited estates and investor-flipped homes. AS-IS does not extinguish the Johnson v. Davis duty, but in practice the buyer signs a contract where the seller commits to no repairs. The protection a Canadian buyer expects from the legal warranty of quality under article 1726 of the Civil Code of Quebec is procedurally weaker in Florida.

Third, the Canadian buyer often closes from a distance, sometimes without ever walking the property. That distance changes how the SPDR-4 should be read. An "Unknown" answer that an in-state buyer might verify with a casual neighbour visit becomes a real research task for someone in Montreal or Toronto. The SPDR-4 is not just a document to file. It is the entry point into a structured due diligence campaign.

The legal architecture: case law, statute, and form

Johnson v. Davis: the common-law duty

In Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), the Florida Supreme Court replaced the old caveat emptor rule for residential sales with an affirmative duty to disclose. The Court held that where a seller of a home knows of facts that materially affect the value of the property and are not readily observable to the buyer, the seller must disclose them.

A failure-to-disclose claim under Johnson v. Davis requires four elements, restated and applied since by the Florida courts: the seller had actual knowledge of the defect; the defect materially affected value; the defect was not readily observable; and the buyer did not know about it (see Jensen v. Bailey, 76 So. 3d 980 (Fla. 2d DCA 2012)). The duty applies to residential sales only, not commercial transactions, and it survives an AS-IS clause in the contract. The Florida Supreme Court has repeatedly reaffirmed the rule, including in MI Schottenstein Homes, Inc. v. Azam, 813 So. 2d 91 (Fla. 2002).

Statute-mandated written disclosures

The common-law duty is general. Several Florida statutes layer on specific written disclosures that a seller of residential real property must provide regardless of what the SPDR-4 says.

The most recent and most relevant for hurricane-prone Florida is the flood disclosure under Florida Statutes §689.302, mandatory since October 1, 2024 and expanded October 1, 2025. The seller must, on a separate standalone form delivered at or before contract execution, disclose: whether they have filed an insurance claim for flood damage on the property; whether they have received assistance for flood damage; and (since October 2025) whether they are aware of any flood damage during their ownership, with or without an insurance claim. The Florida Realtors form is FD-1. The flood disclosure cannot be folded into the SPDR-4. It is its own document.

Florida Statutes §404.056(5) requires a radon gas disclosure at or before the execution of any sale or rental contract for a building. The text is short and pre-printed in the FAR/BAR contract. Florida Statutes §689.261 requires a property tax summary disclosure warning the buyer that current taxes paid by the seller may not predict future taxes after a change of ownership or improvements (Florida property tax reassesses on transfer for non-homestead buyers). Florida Statutes §720.401 requires a mandatory HOA membership disclosure in any community where membership is mandatory, with statutory language and a buyer cancellation right if the disclosure is late. Florida Statutes §161.57 requires a coastal erosion disclosure for properties seaward of the coastal construction control line. Florida Statutes §627.7073(2)(c) requires the seller to disclose any paid sinkhole insurance claim before closing, and whether the proceeds were fully used to repair.

On the federal side, the Residential Lead-Based Paint Hazard Reduction Act (Title X) imposes a federal disclosure for any residential property built before 1978: the seller must provide an EPA pamphlet, a written disclosure of known lead-based paint, and a 10-day inspection contingency. The rule is enforced by 24 CFR Part 35 and 40 CFR Part 745.

The Florida Realtors SPDR-4 form

The current Florida Realtors residential disclosure is Seller's Property Disclosure - Residential, version SPDR-4, revised January 2025. There are sister forms: a condominium-specific version, and a vacant-land version with HOA addenda. Use of the SPDR-4 is voluntary, but when a property is listed with a Florida-licensed Realtor, the agent will in nearly all cases ask the seller to complete it as a matter of risk management. Once completed, the SPDR-4 becomes evidence of what the seller represented, which is exactly why a buyer's claim against a seller for non-disclosure typically starts with the SPDR-4.

The SPDR-4 covers, in substance, the items a Canadian buyer would expect: roof condition and age, plumbing (including disclosure of polybutylene piping, the failure-prone gray plastic pipe installed in many 1978-1995 homes), electrical, HVAC, structural cracks and settling, prior hurricane damage by named storm, prior flooding (note this is in addition to FD-1), termite and WDO history, septic and well, Chinese drywall (the imported drywall in some 2001-2008 homes that corrodes copper and emits sulfur), asbestos, lead, radon, mold, HOA litigation and special assessments, liens and judgments, open permits, and sinkhole history.

How to read an SPDR-4 as a Canadian buyer

A Canadian buyer reading the SPDR-4 from Montreal, Toronto, or Vancouver should treat it as a screening document and a future evidence file, not as the final word. The mechanics of reading it well are simple.

Every "Yes" box requires a written follow-up: dates, repair invoices, contractor names, warranties, photos. A "Yes" without backup documentation is a half-disclosure that will not survive scrutiny if the issue resurfaces. Every "No" box on a category that the property's age or location would make highly likely deserves skepticism. A 1980s South Florida home with "No" to every hurricane-damage box is implausible; it survived Andrew (1992), Wilma (2005), Irma (2017), Ian (2022), Helene (2024), and Milton (2024). Either the seller is selectively forgetful or the prior owner repaired and did not pass on the file. Both cases warrant an enhanced inspection and a permit history pull at the county building department. Every "Unknown" box deserves an explanation. A seller who inherited the property six months ago can credibly mark "Unknown" on water heater age. A seller who has lived there fifteen years cannot.

Cross-reference the SPDR-4 against three public sources before the inspection contingency expires. The county property appraiser's website shows building permits, sales history, and tax assessments. The county clerk of court records lis pendens, sinkhole reports filed by insurers under §627.7073(2)(a), and recorded liens. The local building department permit search confirms whether visible additions (a screened porch, a new roof, an extended driveway) have closed permits or open ones. If you find a $40,000 permit for a kitchen remodel three years ago and the SPDR-4 says nothing about it, that is a signal, not necessarily a lie, but a question that needs an answer in writing before you close.

AS-IS in Florida: what it does and does not shield

A Canadian buyer who hears "AS-IS" sometimes assumes the seller has waived any duty. That is incorrect. An AS-IS clause in the FAR/BAR contract has two practical effects: the seller commits to no repairs, and the buyer relies on their own inspection. Neither effect overrides the Johnson v. Davis duty.

The Florida courts have been consistent on this point. In Rayner v. Wise Realty Co. of Tallahassee, 504 So. 2d 1361 (Fla. 1st DCA 1987), the First District Court of Appeal held that the Johnson v. Davis disclosure duty applies to AS-IS residential sales. In Sanislo v. Give Kids the World, Inc., 157 So. 3d 256 (Fla. 2015), the Florida Supreme Court addressed the limits of exculpatory clauses, and the practical takeaway for residential disclosures is that a generic AS-IS language does not waive the seller's duty to disclose known latent defects.

The buyer's protection in an AS-IS sale is the inspection period: typically 10 to 15 days in the FAR/BAR AS-IS contract, during which the buyer can walk away for any reason and recover the deposit. Use it.

Worked example: a Canadian couple buying in Boca Raton

A Quebec couple offers 625,000 USD on a 1987 single-family home in Boca Raton. The seller signs the FAR/BAR AS-IS contract and provides the SPDR-4 plus the FD-1 flood disclosure. The SPDR-4 marks "No" on all hurricane damage and prior flooding. The FD-1 indicates no insurance claim filed.

During the 12-day inspection period, the buyer's general inspector flags water staining at the back wall of the master closet. The 4-Point inspection identifies the roof as 2014 vintage, six years past the typical insurer cutoff for full coverage. The buyer pulls the county clerk records and finds a 2005 sinkhole investigation report filed by a prior insurer (Statute §627.7073(2)(a) requires the insurer to file the report with the clerk of court). The seller did not check the sinkhole box on the SPDR-4 and did not disclose the prior claim.

The buyer has three paths. First, walk away inside the inspection period and recover the 25,000 USD deposit (typical 4 percent earnest money). Second, renegotiate price down to reflect the 2014 roof, the past sinkhole work, and the staining. Third, close and preserve the right to bring a Johnson v. Davis claim if the omission proves material later (4-year limitations, running from discovery, statute of repose 12 years from the sale per §95.031(2)(a)).

The point of the example is that the SPDR-4 alone never protected the buyer here. The 4-Point and the clerk of court records did. The SPDR-4's value is evidentiary: if the buyer ever sues, the form is the document that proves the seller's misrepresentation in writing.

Common mistakes Canadian buyers make

Six recurring mistakes account for most of the disclosure problems Canadian buyers run into.

1. Treating the SPDR-4 as the entire disclosure. The SPDR-4 is voluntary. The flood disclosure (FD-1), radon, property tax summary, HOA, coastal, and lead-based paint disclosures are mandatory. Confirm each one was delivered.
2. Accepting "Unknown" or "No" without a paper trail. A "No" on hurricane damage in a 1980s Broward County home, or on prior flooding in a coastal zone, is a flag, not an answer. Demand the underlying documentation or escalate the inspection.
3. Reading the SPDR-4 before the inspection rather than after. The SPDR-4 should be read twice: once to plan inspection scope, once after the inspection report to confirm or contradict each "No". Most buyers read it once.
4. Assuming AS-IS waives disclosure. It does not. The seller's Johnson v. Davis duty survives. The contract clause shifts repair costs, not the duty of honesty.
5. Not pulling the county clerk and permit records. The clerk's office holds sinkhole reports, lis pendens, recorded liens, and HOA litigation filings. The building department holds the permit history. Both are public, free or low-cost, and most Canadian buyers never check them.
6. Forgetting the 4-Point and Wind Mitigation inspections. Florida insurers will not bind a policy on a property over 30 years old without a 4-Point inspection. The Wind Mitigation report unlocks insurance discounts that materially change the carrying cost. Both are mentioned in the SPDR-4 only obliquely.

A seventh mistake, less universal but expensive when it occurs: assuming the seller's broker shares fiduciary loyalty with the buyer. In Florida, the default is transactional representation, where the broker owes both parties limited duties (see the Florida transactional representation guide for the full picture).

Quebec DV vs Florida SPDR-4: side-by-side

The OACIQ Déclarations du vendeur sur l'immeuble (DV) form and the Florida SPDR-4 serve the same purpose but sit in different legal frameworks. The table below uses explicit jurisdictional headers, as the editorial standard requires for new comparison tables.

Remedies if a hidden defect surfaces after closing

The procedural map for a Canadian buyer who finds a material undisclosed defect after closing in Florida starts the day of discovery. Document the defect: photographs with date stamps, video, and a written report from a licensed inspector or relevant trade (roofer, plumber, structural engineer). The cost of these reports is your evidence baseline.

Build the seller's-knowledge file: prior repair invoices in the seller's name, neighbour statements, listing photos that show the issue concealed, prior listings on Zillow or Redfin that reveal a former asking price drop tied to inspection issues, MLS history. The clerk of court records may show prior lis pendens or insurance reports.

Then engage a Florida-licensed real estate or construction-litigation attorney. The attorney will typically begin with a demand letter under §501.98 (where consumer protection applies) or under common-law fraud, often paired with the contract's attorney-fee clause. Florida courts strongly encourage pre-suit mediation, and many residential contracts make mediation a prerequisite to suit. If mediation fails, the suit is for fraud or fraudulent concealment, with the 4-year limitations period running from discovery and a 12-year statute of repose from the date of the alleged fraud.

Buyer's checklist (residential, Canadian buyer)

1. Confirm the SPDR-4 (or condo or vacant-land variant) has been delivered, dated, and signed by all sellers on title.
2. Confirm the FD-1 flood disclosure has been delivered as a separate document, dated at or before contract execution.
3. Confirm the radon disclosure language appears in the FAR/BAR contract.
4. Confirm the property tax summary disclosure (§689.261) is present.
5. If the property is in an HOA, confirm the §720.401 mandatory disclosure was provided and that the cancellation right has been preserved or knowingly waived.
6. If the home was built before 1978, confirm the federal lead-based paint disclosure and EPA pamphlet were delivered, with the 10-day federal contingency.
7. If the property is on a barrier island or seaward of the coastal construction control line, confirm the §161.57 coastal erosion disclosure.
8. Order the general home inspection, the 4-Point inspection, and the Wind Mitigation inspection.
9. Pull permit history at the county building department; cross-check against any visible additions on the property.
10. Pull clerk of court records for the property: sinkhole reports, lis pendens, liens, HOA litigation.
11. Order an HOA estoppel certificate and review pending special assessments and reserve studies.
12. Save every disclosure, signed page, inspection report, and email. Build the file the day you sign, not the day you have a problem.

FAQ

Is the SPDR-4 form legally required in Florida? No. Florida law does not mandate any specific seller-disclosure form. The Florida Realtors SPDR-4 is voluntary but functions as the de facto standard.

Can a Florida seller refuse to fill out the SPDR-4? Yes. The seller can refuse the form. The seller still owes the Johnson v. Davis duty and must still provide the statute-mandated disclosures (flood, radon, property tax summary, HOA, coastal, lead-based paint).

Does AS-IS protect the seller from a non-disclosure claim? No. AS-IS shifts repair cost. It does not waive the seller's duty to disclose known material defects that are not readily observable.

What if the seller marks "Unknown" on every box? "Unknown" is acceptable when the seller genuinely does not know (recent owner, inheritance). It is a red flag when the seller has lived in the property for years and would normally know. The buyer's defense is an enhanced inspection scope.

How long do I have to sue if I find a hidden defect after closing? For a fraud claim, four years from discovery, with a twelve-year cap from the date of the act. For a contract claim, five years from breach if the contract is written. Consult a Florida-licensed attorney for the specific cause of action that fits.

Is the Quebec DV form admissible if I bought my Florida property through a Quebec broker? The Quebec broker, if licensed only in Quebec, cannot represent you in a Florida transaction. A Florida real estate license is required. The DV form has no place in a Florida closing. The relevant disclosure document is the SPDR-4 plus the statute-mandated disclosures.

Do these rules apply to commercial property? No. Johnson v. Davis applies to residential sales only. Commercial transactions in Florida remain governed by caveat emptor with limited carve-outs.

What about deaths, suicides, or HIV-positive prior occupants? Florida Statutes §689.25(1)(b) provides that homicide, suicide, death, and HIV/AIDS occupant history are not material facts that must be disclosed. A direct buyer question in writing is a separate issue: a misleading written answer can still create misrepresentation liability.

What is out of scope of this guide

This guide focuses on residential resale in Florida from the perspective of a Canadian buyer, with the Quebec legal regime as the cross-border comparison. Equivalent comparisons for Ontario, British Columbia, Alberta, and other provinces are being published separately as the chapter is built out.

This guide does not cover new construction (developer disclosures under Florida Statutes §720.401(1)(a) for HOA communities and §718.503 for condominiums are different and stricter). It does not cover commercial transactions, where caveat emptor still governs. It does not cover the deeper mechanics of the FD-1 flood disclosure, sinkhole reports under §627.7073, or federal lead-based paint disclosures, each of which warrants its own dedicated guide and is flagged below.

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CanadaFlorida Editorial Team

Research drawn from primary public sources cited at the bottom of every guide: U.S. and Florida statutes, U.S. and Canadian federal agencies, official Florida county and state authorities, and Canadian provincial bodies where applicable.

Every figure, rate, threshold, and deadline in this guide is drawn from a verifiable primary source listed at the bottom of the page. The article is updated whenever the underlying rules change, with a fresh review date stamped at the top.

Essential disclaimer

Educational purpose only. This document is reference information. It is not legal, tax, accounting, real estate, immigration, medical, or financial advice and does not create a client-professional relationship.

Before any concrete decision, consult a licensed professional in the relevant jurisdiction: a Florida-licensed attorney, a cross-border tax professional, a Florida-licensed Realtor, or a Canada-US CPA, depending on the question at hand.

Treat this content as a research starting point, not as professional advice. A consultation with a licensed professional in the relevant jurisdiction is indispensable before any decision.

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