Jacksonville Home Seller Disclosure Requirements (2026)
Selling FSBO in Jacksonville requires complying with Florida's seller disclosure standards — which, while not mandating a specific form, create broad obligations under case law and now under specific flood disclosure legislation.
Florida's Disclosure Framework
Florida's disclosure requirement comes from Johnson v. Davis (1985 Florida Supreme Court), which held that sellers must disclose all known facts that materially affect the value of residential real property and that are not readily observable by buyers or known to them.
Florida's HB 1097 (effective October 2024) added a specific written flood disclosure requirement.
Most Jacksonville FSBO sellers use the Florida Realtors Seller's Property Disclosure — Residential form. Using this form creates a written record, which is your legal protection against post-closing disputes.
Flood and Water Disclosure for Jacksonville Sellers
Flooding is the most significant disclosure issue in Duval County. The St. Johns River is tidal in Jacksonville — this is unusual and means storm surge from the Atlantic can push water up the St. Johns far inland. Hurricane Irma's storm surge traveled 30+ miles inland via the St. Johns River, flooding neighborhoods that had never flooded before.
Under Florida's HB 1097, you must disclose in writing:
Also check your FEMA flood zone designation at msc.fema.gov. Many Jacksonville neighborhoods near the St. Johns, Ortega River, Pottsburg Creek, and intracoastal areas are in FEMA Special Flood Hazard Areas.
Termite and Pest Disclosure
Duval County has active subterranean and drywood termite populations. Prior termite infestations, treatment history, and any structural damage from wood-destroying organisms are material facts that must be disclosed.
Buyers with VA loans (common in Jacksonville given the military presence) will have a Wood Destroying Organism (WDO) inspection ordered as part of the VA loan process. It's advisable for all sellers to have a WDO inspection completed before listing — it's typically $75–$150 and allows you to address issues proactively.
HOA and Deed Restrictions
Many Jacksonville-area neighborhoods, particularly in Southside, Mandarin, Bartram Park, and newer developments in St. Johns County, have HOAs with active enforcement. Disclose HOA existence, monthly or annual fees, and any pending special assessments.
If your property is in a neighborhood with deed restrictions but no formal HOA, those deed restrictions are still material information — particularly if they restrict parking, use, or modifications.
HOA estoppel: Order an HOA estoppel letter as soon as you have a contract. The estoppel documents fees, balance, delinquencies, and pending assessments. This is required to close and typically takes 10–15 business days.
Lead Paint Disclosure (Pre-1978 Homes)
Federal law requires the Lead-Based Paint Disclosure form and EPA pamphlet for all homes built before 1978. Given Jacksonville's significant inventory of 1950s–1970s housing stock (Avondale, Riverside, Ortega, San Marco), this applies to many sellers.
Insurance and Roof Condition
Florida homeowners insurance companies require documentation of roof age and condition. If your roof is over 15 years old, buyers may struggle to obtain insurance at standard rates. Disclose roof age, material, and any known repair history.
If you have a wind mitigation inspection on file (documenting hip roof, hurricane straps, opening protection), share it — it directly reduces buyers' insurance premiums and is a genuine selling point.
Sinkhole Disclosure
While sinkhole activity is less common in Duval County than in Central Florida's limestone geology, it does occur. If your property has had any sinkhole activity, remediation, or related insurance claims, disclose it.
What Buyers Can Access Without Your Disclosure
Buyers can independently access:
Disclosing proactively what these records will show is protective. Non-disclosure of facts that buyers can independently verify creates significant legal exposure.