Orlando Home Seller Disclosure Requirements (2026)
Florida doesn't have a single mandatory disclosure form for home sales, but sellers are legally required to disclose all known material facts — and Orlando's specific geographic and market context creates several disclosure items that require particular attention.
Florida's Disclosure Standard
Florida's disclosure obligation comes from Johnson v. Davis (1985), a Florida Supreme Court case establishing that sellers must disclose all known facts that materially affect the value of the property and that are not readily observable by buyers or known to them. This is broader than the specific forms required in some other states.
Florida's HB 1097 (effective October 1, 2024) added a specific flood disclosure requirement, described below.
Most FSBO sellers in Orlando use the Florida Realtors Seller's Property Disclosure — Residential form, which provides a written record of disclosures. Using a form protects you — if a buyer later claims you didn't disclose something, a signed written form is your evidence.
Sinkhole Disclosure — Critical in Central Florida
Orange County, Osceola County, and the surrounding Central Florida area have documented sinkhole geology. Florida law (§627.706) defines sinkholes and requires insurance companies to offer sinkhole coverage. The existence of prior sinkhole activity, sinkhole remediation, or sinkhole insurance claims on a property is clearly material information in the Orlando market.
Disclosure requirements for Orlando sellers:
Florida courts have consistently held that sellers cannot conceal sinkhole history even when remediation work was performed years before the sale. The disclosure is required regardless of repair status.
Flood Disclosure Under HB 1097
Florida's HB 1097 (effective 2024) requires sellers to disclose in writing:
Check your FEMA flood zone at msc.fema.gov. Parts of the Orlando metro — particularly lake-adjacent properties, areas near the St. Johns River headwaters, and low-lying sections of east Orange County — are in FEMA Special Flood Hazard Areas.
HOA and CDD Disclosure
Many Orlando-area communities have both an HOA and a Community Development District (CDD). CDDs are government entities that finance and maintain community infrastructure — roads, lakes, recreational facilities — through annual assessments that appear on property tax bills.
HOA disclosure: Sellers must disclose HOA existence, fees, and any pending special assessments. Provide buyers with HOA documents (declaration, bylaws, rules, current budget) within 3 days of contract. Buyers have 3 days to review and can cancel based on HOA information.
CDD disclosure: CDD assessments can add $1,500–$4,000 per year to a homeowner's effective tax burden. This must be disclosed as material information affecting the cost of ownership. Common CDD communities in the Orlando area include Celebration, Champions Gate, Storey Lake, Encore at Reunion, and communities in the Dr. Phillips and Lake Nona areas.
STR (Short-Term Rental) restrictions: If your HOA prohibits short-term rentals and your property is in an area where investors commonly look (US-192 corridor, Four Corners area, Kissimmee), this restriction is material and must be disclosed or at minimum accurately represented.
Lead Paint Disclosure (Pre-1978 Homes)
Federal law requires a Lead-Based Paint Disclosure and the EPA pamphlet "Protect Your Family from Lead in Your Home" for any home built before 1978. This is in addition to Florida state disclosures.
Insurance and Roof Condition
Insurance companies routinely decline to insure or significantly increase premiums on homes with roofs older than 15–20 years. Florida roofs have specific age thresholds for insurability. If your roof is approaching or over 15 years old, buyers may struggle to obtain homeowners insurance or may receive high quotes.
Disclose roof age, material, and any known leaks or repair history. If you have a wind mitigation inspection on file, share it — hip roofs, hurricane straps, and impact-resistant windows reduce insurance premiums and are genuine selling points.
Mold Disclosure
Florida's climate creates conditions for mold growth, particularly in homes with HVAC issues, plumbing leaks, or poor ventilation. Known mold — past or present — must be disclosed. This includes mold that was remediated by a licensed contractor. Document any remediation work and have the contractor's report available.
Material Condition Issues in Older Orlando Homes
Many Orlando homes built in the 1960s–1980s have issues that are material but sometimes overlooked: