Florida Seller Disclosure Requirements
Florida follows a "caveat emptor" with exceptions model. Sellers are required to disclose all known material defects that are not readily observable and that materially affect the value or desirability of the property (Johnson v. Davis, 480 So.2d 625, Fla. 1985).
The standard form used is the Florida Seller's Disclosure (FREC-approved). While Florida doesn't mandate a specific form by statute, this form covers:
Flood Zone Disclosure
Florida Statute §161.57 requires disclosure if the property is in a special flood hazard area. Check FEMA's Flood Map Service Center — many Orlando-area properties in low-lying areas or near lakes are in flood zones. Flood insurance can cost $1,000–$3,000/year and is material to buyers.
HOA Disclosure
Florida Statute §689.261 requires sellers to disclose HOA membership, fees, and restrictions before contract execution. For condos, the full condo rider and association documents must be provided.
Lead Paint
Required for pre-1978 homes.
Documentary Stamp Tax
Florida's doc stamp tax rate is $0.70 per $100 of sale price for most counties ($0.60 in Miami-Dade). On a $410,000 sale: $2,870. Paid by seller at closing.
Homestead Considerations
If the property has been homestead-exempt, the buyer should understand that this exemption is not automatically transferable — they must apply by March 1 following purchase.
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