Florida Seller Disclosure Obligations: What a Canadian Seller Must Reveal

Section 01The 60-second version

Florida residential sellers are required to disclose, in writing, all known facts that materially affect the value of the property and that a buyer would not readily observe. That duty was created by the Florida Supreme Court in Johnson v. Davis (1985), and it applies regardless of whether the contract is "as-is". On top of that common-law duty, eight specific statutory disclosures apply when relevant: ad valorem property tax summary, flood history (expanded October 2025), radon gas, coastal erosion, pending code enforcement, HOA membership, condominium documents, and federal lead-based paint for pre-1978 homes. Failure to disclose can lead to rescission of the sale, damages, or fraud claims, with a four-year statute of limitations from discovery. Florida does not require a single standardized disclosure form. Most transactions use the Florida Realtors / Florida Bar (FAR/BAR) contract together with the Seller's Property Disclosure form, the new standalone Flood Disclosure form, and the applicable HOA or condominium rider.

Section 02The legal foundation: Johnson v. Davis, not a single statute

Most Canadians, especially Quebec sellers familiar with article 1726 of the Civil Code of Quebec, expect Florida to have a comparable single statute setting out the seller's disclosure duty. It does not. Florida's foundational rule comes from a 1985 Florida Supreme Court decision, Johnson v. Davis, 480 So. 2d 625 (Fla. 1985). Before that decision, Florida applied the doctrine of caveat emptor (buyer beware) to residential real estate. The Court replaced caveat emptor for residential transactions with an affirmative duty to disclose.

The Johnson v. Davis rule has four elements that a buyer must prove to bring a non-disclosure claim against a seller. The seller had actual knowledge of the defect. The defect materially affects the value of the property. The defect is not readily observable to a buyer making an ordinary inspection. The seller failed to disclose the defect. All four elements must be present. A defect that a buyer could see during a normal walkthrough is not "latent" and triggers no disclosure obligation. A defect the seller did not know about cannot be the basis of a claim against that seller (though it might be against an agent or a contractor).

For a Canadian seller, the practical consequence is this: anything you know about your Florida property that a buyer would not see in a routine walkthrough and that would affect their decision to buy or the price they would pay must be disclosed. Past roof leaks that you patched. Foundation cracks that were filled. Mould that was remediated. Drainage problems that flood the garage in heavy rain. A previous insurance claim. A history of pest infestation. None of these are erased by silence or by an "as-is" clause.

Section 03What "as-is" really means

The standard FAR/BAR residential contract and many private contracts are written "as-is". Many Canadian sellers assume this clause is a complete shield. It is not. Florida courts have repeatedly held that an "as-is" clause does not relieve a seller of the Johnson v. Davis duty to disclose known latent material defects. The 3rd District Court of Appeal stated this directly in Levy v. Creative Construction Services, 566 So. 2d 347 (Fla. 3d DCA 1990), and subsequent decisions have reinforced the rule.

What "as-is" does accomplish is shifting the cost and risk of unknown defects to the buyer. The seller is not obligated to repair anything before closing or to negotiate repairs after inspection. But information the seller actually knows still has to be passed on. The rule is simple: an "as-is" sale in Florida is sold without warranty, but not without disclosure.

Section 04What you must disclose under common law

Under Johnson v. Davis, the categories that most often trigger disclosure obligations for Florida residential sellers include the following. Structural defects: foundation issues, settling, sinkhole activity, cracked walls, defective roofs, prior or current leaks. Water-related issues: past or current flooding, water intrusion, drainage problems, mould or mildew remediation, sewer backups. Mechanical systems: chronically failing HVAC, electrical issues, plumbing problems, defective appliances that convey with the sale. Pest history: termite activity (active or treated), Chinese drywall, rodent infestations. Insurance and legal: prior insurance claims affecting the property, ongoing litigation, prior code violations, pending homeowner association disputes. Boundary and title issues: known easement disputes, encroachments, unrecorded restrictions.

The "I did not live in the property" defence is weak. Even non-occupant sellers (heirs, investors, personal representatives selling through probate) owe the Johnson v. Davis duty for any material defects they actually know about, whether from records, prior inspections, contractor reports, or insurance correspondence. The standard is actual knowledge, not constructive knowledge. A seller who never saw the property and has no records is judged accordingly. A seller who has documentation in hand cannot pretend otherwise.

Section 05The eight statutory disclosures stacked on top

Beyond Johnson v. Davis, eight specific statutory disclosures apply when their triggering condition is met. Each one is its own legal regime, with its own remedy for non-compliance.

Property tax summary, F.S. §689.261

Every Florida residential sales contract must include a statutory property tax disclosure statement. The statute provides the exact language, in capital letters: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES.

For a Canadian seller, this disclosure has direct practical relevance. The Save Our Homes 3% annual cap on assessed-value increases stays with the seller, not the property. When a Canadian buyer (or any non-homestead buyer) takes title, the property is reassessed at market value the following January 1, and the assessment cap resets. A property that the seller has owned for fifteen years and that paid USD 4,200 in annual property tax may pay USD 9,500 the year after sale. The disclosure exists precisely so the buyer cannot say later that they relied on the seller's tax bill as a forecast.

Flood disclosure, F.S. §689.302 (effective October 2024, expanded October 2025)

This is the most significant change in Florida seller disclosure law in the past decade. Until October 1, 2024, Florida had no statute requiring a written flood-history disclosure. Whether past flooding had to be disclosed depended on whether it qualified as a "material defect" under Johnson v. Davis, and Florida courts were split. House Bill 1049, codified as F.S. §689.302, eliminated that uncertainty.

As of October 1, 2024, sellers of residential real property must complete and provide a standalone flood disclosure form to the buyer at or before contract execution. The disclosure is not buried inside the contract. It is a separate signed document. The original 2024 version asked two questions: whether the seller had filed an insurance claim related to flood damage on the property, and whether the seller had received federal assistance for flood damage.

Effective October 1, 2025, the disclosure was expanded by a 2025 amendment. Sellers must now also disclose any knowledge of flood damage to the property during their ownership, regardless of whether an insurance claim was filed. The "federal" qualifier on assistance was removed: any source of flood-related assistance must be disclosed (state, county, charity, FEMA, or otherwise). Florida Realtors revised the form, now designated FD-2 with a 9/2025 revision date, to reflect the broader scope.

The statute defines "flooding" broadly: overflow of inland or tidal waters, rapid accumulation of runoff or surface waters from any established water source (river, stream, drainage ditch), or sustained periods of standing water from rainfall.

For a Canadian seller of a Florida coastal or low-elevation property, this is the disclosure that should be at the top of the file. Failure to deliver the FD-2 form before contract execution can give the buyer grounds for rescission, damages, and (in some cases) punitive damages. The exposure is meaningful, and the form takes ten minutes to complete properly.

Radon disclosure, F.S. §404.056(5)

Every Florida real estate sales or rental contract for any building must contain a specific radon notification. The statute specifies the exact language, beginning "RADON GAS: Radon is a naturally occurring radioactive gas...". The standard FAR/BAR contract and Florida Realtors leases incorporate the language by default, so most sellers comply without thinking about it. The exception is private sales using a custom contract: the seller is responsible for ensuring the radon language is included.

This disclosure is a notification, not an inspection mandate. The seller is not required to test for radon or to remediate. If the seller has actually tested and knows of elevated levels, that knowledge becomes a Johnson v. Davis material fact and must be disclosed independently.

Coastal erosion, F.S. §161.57

If the property is located seaward of the Coastal Construction Control Line (CCCL) established by the Florida Department of Environmental Protection, the seller must provide a written disclosure stating that the property may be subject to coastal erosion and to federal, state, and local regulations limiting construction.

This applies primarily to oceanfront and near-oceanfront properties. The CCCL maps are public, maintained by the DEP, and the title company will usually flag whether the property is seaward of the line.

Pending code enforcement, F.S. §162.06

If the property is subject to a pending code enforcement action when listed for sale, the seller must disclose the existence and nature of the proceeding to the buyer in writing, provide copies of the relevant pleadings or notices, and notify the code enforcement officials of the pending property transfer.

This includes unpermitted work the seller is aware of. A Canadian owner who installed a Florida room or replaced a roof without pulling permits faces both code-enforcement exposure and a Johnson v. Davis disclosure obligation if the buyer discovers the absence of permits later.

HOA disclosure summary, F.S. §720.401

If the property is subject to a mandatory homeowners association, the seller must provide the buyer with the HOA Disclosure Summary in the form prescribed by the statute. The Disclosure Summary must be delivered before contract execution. If it is not, the buyer has the right to terminate the contract within three days after receiving the disclosure, or before closing, whichever comes first. This rescission right cannot be waived.

The standard FAR/BAR contract is paired with Comprehensive Rider B for HOA properties, which incorporates the §720.401 disclosure language. The rider must be signed at the same time as the main contract.

Condominium disclosures, F.S. §718.503

The condominium disclosure regime is more elaborate than the HOA regime. For a resale of an existing condominium unit, the seller must deliver to the buyer the condominium documents (declaration, articles of incorporation, bylaws, rules, financial information, frequently asked questions and answers, governance form). The buyer has a three-day right to cancel after receipt of the documents, or before closing, whichever first occurs.

For a new unit purchased from the developer, the buyer has a fifteen-day rescission right after receiving the offering documents, with an additional fifteen-day window if the developer makes material changes adversely affecting the buyer.

The standard FAR/BAR contract is paired with Comprehensive Rider A for condominium properties.

Federal lead-based paint, 42 U.S.C. §4852d (24 CFR Part 35)

For any housing built before 1978 (in Florida or elsewhere in the United States), federal law requires the seller to disclose known lead-based paint hazards, provide buyers with the EPA-approved pamphlet "Protect Your Family from Lead in Your Home", and give the buyer a ten-day period (or another period agreed in writing) to conduct a lead inspection.

This is federal law and applies to every state. Penalties include treble damages and federal civil penalties per violation. The standard FAR/BAR contract has a separate lead-based paint addendum (PDF rider) that must be signed when the property is pre-1978.

Section 06Condo sellers: SB-4D milestone inspections and SIRS

For a Canadian seller listing a condominium unit in a building of three stories or more, the disclosure landscape was reshaped by Senate Bill 4-D (the Florida Building Safety Act, 2022), passed after the Surfside collapse, and amended by SB 154 (2023), HB 1021 (2024), and HB 913 (2025).

Under SB-4D, condominium and cooperative buildings of three stories or more must complete a Milestone Inspection (Phase 1, with Phase 2 if substantial structural deterioration is found) at thirty years of age (or twenty-five years for buildings within three miles of the coast where local conditions justify it), and every ten years thereafter. The same buildings must complete a Structural Integrity Reserve Study (SIRS) every ten years, assessing nine specified components: roof, load-bearing walls or primary structural members, floor, foundation, fireproofing and fire protection, plumbing, electrical, waterproofing and exterior painting, windows and exterior doors.

For a seller, the practical consequence is twofold. The buyer's lender (and a sophisticated buyer's lawyer) will request the milestone inspection report and the SIRS report as part of due diligence. If the building has not completed its inspection, has unfunded SIRS recommendations, or has a pending special assessment, the seller has a Johnson v. Davis disclosure obligation in addition to the buyer's request rights under §718.503.

A condo seller who hands the buyer documents that omit the SIRS report or that reflect prior reserve waivers without context risks both a non-disclosure claim and a financing collapse. The cleanest path is to request the full package from the association management before listing and to deliver it to the buyer at contract execution.

Section 07What you do not have to disclose: F.S. §689.25

Florida law contains a single express carve-out for two narrow categories of information that are not considered "material facts" requiring disclosure. F.S. §689.25 provides that a seller is not required to disclose that the property was the site of a homicide, suicide, or other death, and that a former occupant was infected with HIV or diagnosed with AIDS. These are protected categories. The seller cannot be sued for non-disclosure on these grounds alone.

This is the opposite of the Quebec rule, where the OACIQ Seller Declaration form expressly asks about deaths on the property. Two important caveats apply. First, if a buyer asks the seller directly whether a death occurred or whether an occupant was infected, the seller cannot lie. The statute removes the affirmative duty, not the obligation to answer truthfully when asked. Second, the carve-out does not protect a seller from disclosing physical defects that resulted from an event on the property (for example, structural damage from a fire that also caused a death must still be disclosed, even though the death itself need not be).

Section 08Liability for non-disclosure

A buyer who discovers an undisclosed material defect after closing has three principal remedies under Florida law. Rescission of the contract and return of the purchase price (the remedy in Johnson v. Davis itself, where the Davises recovered their deposit). Damages, typically the lower of repair cost or diminution of value, plus consequential damages. Fraud claims when there was an affirmative misrepresentation rather than mere silence, which can support punitive damages in extreme cases.

The statute of limitations is generally four years from the date the buyer discovers (or reasonably should have discovered) the defect, under F.S. §95.11. For fraud, the four-year period runs from discovery as well, with a twelve-year statute of repose. For a Canadian seller, this means liability does not end at closing. A buyer who discovers concealed water damage three years after closing can still bring a viable claim.

In addition to civil liability, real estate licensees who fail to disclose face administrative discipline by the Florida Department of Business and Professional Regulation, and condominium developers and landlords face statutory penalties under §718.503 and §83.512 respectively.

Section 09Canada-Florida comparison: Quebec reference

The legal architecture is fundamentally different on the two sides of the border. The table below uses Quebec as the Canadian reference province, the same convention used elsewhere in this manual. Equivalent rows for Ontario, British Columbia, and Alberta will be added in a separate forthcoming guide.

The most important practical point for a Quebec seller crossing the border to sell a Florida property is the multiplication of forms. A Quebec sale produces one signed DV form, one promesse d'achat, one notarized acte de vente. A Florida sale typically produces a FAR/BAR contract plus the Seller's Property Disclosure plus the Flood Disclosure (FD-2) plus the HOA or condo rider plus the federal lead-paint addendum (if applicable). Each of these is a separate disclosure with its own legal consequences. Treating the Florida transaction as if it were a single integrated document is one of the most common errors.

Section 10Worked example: Canadian seller, Boca Raton condominium

Profile. Quebec couple, owners since 2014 of a two-bedroom condominium unit in a fifteen-storey building in Boca Raton, two blocks from the beach (seaward of the CCCL). Sale price USD 720,000. Buyer is a U.S. snowbird, financing through a Florida lender. Building was built in 1986, so it is forty years old in 2026. Property had a minor water-intrusion claim in 2018 (USD 8,500 paid by insurance, repair completed). No homicide, suicide, or HIV history. Pre-1978 status: not applicable (built 1986).

Disclosures required.

Seller exposure if disclosure is incomplete. If the Quebec seller delivers a Seller's Property Disclosure that omits the 2018 water-intrusion claim, and the buyer later discovers it through municipal records or the insurance carrier, the Johnson v. Davis claim is straightforward: actual knowledge (paid claim), materiality (USD 8,500 repair plus possible recurrence risk), not readily observable (cosmetic repairs hide history), failure to disclose. Likely outcome: rescission or damages calculated as cost-of-repair-plus-diminution. If on top of that the seller delivers the old (pre-October 2025) flood form without the new questions, F.S. §689.302 violation creates an additional independent ground for rescission.

Section 11Common mistakes Canadian sellers make

Below are the recurring errors observed in Canadian-seller Florida transactions. Each one is a well-documented loss vector, not a hypothetical.

1. Treating "as-is" as a complete shield. It is not. Johnson v. Davis applies regardless of contract language. Levy v. Creative Construction Services (1990) and many subsequent decisions confirm this. An "as-is" clause shifts the cost of unknown defects to the buyer; it does not erase the seller's duty to disclose known defects.
2. Letting the listing agent fill the disclosure form alone. The seller's personal knowledge is what matters under Johnson v. Davis. An agent who fills out the form without going through it line by line with the seller exposes the seller (and the agent) to liability for omissions. The seller signs the form; the seller is responsible for what it says.
3. Using the pre-October 2025 Flood Disclosure form. The amendment effective October 1, 2025 added two material questions (knowledge of flood damage during ownership, any source of flood-related assistance) and broadened the scope. A seller who delivers the old form is technically non-compliant. Use the FD-2 form with revision date 9/2025 or later.
4. Failing to disclose past insurance claims. Florida buyers run a CLUE (Comprehensive Loss Underwriting Exchange) report routinely. Past claims are visible to the buyer's insurer regardless of whether the seller discloses. Hiding the claim does not work; it only converts a routine disclosure into a fraud claim.
5. Skipping the radon language in private sales. When using a custom contract instead of FAR/BAR, sellers sometimes omit the radon disclosure block. F.S. §404.056(5) applies regardless of contract format.
6. Missing the lead-based paint addendum on pre-1978 properties. The federal rule has teeth: civil penalties per violation, plus treble damages in private litigation. The age threshold is the construction year, not the year of last renovation.
7. Not requesting milestone inspection and SIRS reports before listing a condo. A condo seller who lists without first verifying that the association has completed (or is on schedule for) MI and SIRS is exposed to last-minute deal collapse and to a Johnson v. Davis claim if the buyer discovers post-closing that the building is non-compliant.
8. Disclosing in conversation, not in writing. Verbal disclosures are not enforceable evidence. Written disclosures, signed and timestamped, are the only protective record.

Section 12Actionable checklist for the Canadian seller

The following sequence mirrors the path a competent Florida-licensed listing agent would walk a Canadian client through. Numbered for execution order.

1. Locate the property's permit history at the local building department. Identify any unpermitted work to be disclosed.
2. Pull a CLUE report on the property (the seller can request their own report) to verify what claims appear of record.
3. Confirm whether the property is seaward of the CCCL via the Florida DEP map. If yes, prepare the §161.57 disclosure.
4. If the property is condominium or HOA, request the full disclosure package from association management: declaration, bylaws, rules, current financials, last two years of meeting minutes, and (for condo over three stories) the most recent milestone inspection report and SIRS.
5. If construction year is before 1978, prepare the federal lead-based paint addendum and obtain the EPA pamphlet for delivery.
6. Complete the FAR/BAR Seller's Property Disclosure form (SPDR-3) personally, line by line. Do not delegate.
7. Complete the Flood Disclosure form (FD-2, 9/2025 revision or later). Answer every question. If unsure, document why.
8. Verify the radon language and property tax disclosure are included in your contract (boilerplate in FAR/BAR; verify in custom contracts).
9. Disclose any pending code enforcement action under §162.06, with copies of pleadings and notice to the code enforcement board.
10. Have all forms reviewed by a Florida-licensed real estate attorney before listing, and again before contract execution.

Section 13Frequently asked questions

Does Florida have a mandatory state-wide seller disclosure form? No. Florida is one of the few states without a single legally mandated disclosure form. The FAR/BAR Seller's Property Disclosure is the de facto industry standard but is not statutorily required. The federal lead-based paint disclosure and the Florida flood disclosure (FD-2) are the only forms that are mandatory, and only when their triggering condition is met.

If the property is sold as-is, do I still have to disclose past flooding? Yes. F.S. §689.302 is a separate statutory mandate that operates independently of any contract language. "As-is" does not eliminate the flood disclosure duty.

The previous owner died in the home. Do I have to disclose this? No, unless the buyer asks directly. F.S. §689.25 expressly excludes deaths from required disclosure. If asked directly, the seller cannot lie.

The HOA disclosure summary was not delivered before contract execution. What happens? The buyer has the right to terminate the contract within three days of receipt of the disclosure, or before closing, whichever comes first. This right cannot be waived.

I sell my Florida property to my niece in a private transaction. Do these rules still apply? Most do. Johnson v. Davis applies to any residential sale. F.S. §689.302 (flood), §689.261 (taxes), §404.056 (radon), and the federal lead-based paint rule apply regardless of whether a broker is involved. The §720.401 HOA disclosure also applies. The condominium rescission window in §718.503 likewise applies.

The defect was disclosed in a prior listing five years ago. Does that count today? No. The disclosure must be made to the current buyer in the current transaction. The prior listing record does not transfer.

I bought the property six months ago and never lived in it. Am I still liable under Johnson v. Davis? Yes, for any material defect you actually know about. Your reduced length of ownership is an evidentiary point on the actual-knowledge element, not a categorical defence.

What is my exposure if I discover after closing that I forgot a defect? Your knowledge at the time of disclosure is what matters. If you genuinely did not know, no claim lies under Johnson v. Davis. If you did know and omitted it, the buyer has four years from their discovery (or reasonable date of discovery) to sue for rescission, damages, or fraud.