What Must Be Disclosed When Selling a House in Florida?

What do I have to disclose when selling a house in Florida?

Feeling overwhelmed by a landslide of information on the web about what you need to disclose when selling a house in Florida? Fret not. We’ll walk you through it step by step.

Before you jump into the nitty-gritty, though, here’s what you need to keep in mind. Selling a home in Florida doesn’t require you to complete any one official seller disclosure form. All that is required by law is that you disclose any known facts that impact the value of the property.

That said, the Florida Realtor Seller’s Property Disclosure form features a helpful, comprehensive walkthrough to help you avoid missing any disclosures. Here’s what you’ll need to disclose:

1. Property information

The Florida seller’s disclosure form starts with a section that lists property features both basic and lavish — starting with simple features like your oven and dishwasher and moving into less common household fixtures like saunas, smart home systems, and solar panels.

You’ll simply check off the appliances the property comes with installed and in working condition. For basic appliances like your refrigerator and microwave, you’ll list the brand as well.

2. Claims and assessments

In this section, you’ll indicate whether you’re aware of any lien or other claims against the house, as well as any federal, state, or local notifications of required repairs or alterations.

For example, if your county notified you that you needed to remove debris from your front yard, you’d need to respond “yes” to this question and explain the circumstances.

If the home is a condo or belongs to an HOA with common areas, such as a shared community swimming pool, you’ll also need to list any claims and assessments related to those common areas that you’re aware of.

3. Deed, homeowners’ and condominium association restrictions

In this section, you’ll list any information about restrictions enforced by the deed or, more commonly, your HOA or condominium association. For example, if your HOA has restrictions for what colors you can paint the exterior of your home, you’d note that here.

4. Environmental details

You’ll need to disclose environmental hazards such as black mold, asbestos, lead, fuel, and other chemicals — as well as the details on whether and when you’ve addressed these hazards in the past.

In addition, this section asks you to disclose any sensitive environments located around your property site, such as protected wetlands, conservation areas, and archeological sites.

5. Roads and land use

This Florida seller disclosure form section asks you to report whether the roads to access your home are public or privately owned and maintained. You’ll also be prompted to share information about road maintenance agreements, zoning, historic districts, or other restrictions.

If you don’t know the answer to these questions, you can simply check “unknown.”

6. Additions, remodeling, and insurance claims

This section runs the gamut from any claims you’ve filed through your homeowner’s insurance — such as after a flood or fire — to any major remodeling and additions you’ve done to the home. You’ll directly answer questions about whether you had permits for the work that you’ve done, or whether they were unpermitted home projects.

7. Roof-related items

The Florida seller disclosure form asks for information about the age of your roof, any history of leaks, whether you’ve replaced the roof during your ownership of the property, and whether there’s a transferable warranty on the roof.

If you’ve recently paid for a roof replacement, report that information here and be sure you’re factoring the added value of a new roof into how you price your home.

8. Pools and hot tubs

Are you selling a home with a pool or a hot tub? This is the spot on the Florida seller’s disclosure form where you’ll note it. Here’s exactly what you’ll need to disclose:

• Whether the property has a pool
• Whether the property has a hot tub
• The presence of a pool or spa heater
• The presence of a pool sweep
• The approximate age of the pool, spa, or hot tub
• Any repairs or replacements to any of the above
• The chlorination system you use
• Any safety features as defined by Section 515, Florida Statutes, which include pool barrier requirements, safety covers, and required door and window exit alarms

9. Heating and air conditioning

The Florida seller’s disclosure form asks you to indicate the presence of any of the following equipment:

• Air conditioning (and whether it’s central or electric)
• Heating (and whether it’s central or electric)
• Heat pump
• Air condenser
• Window/wall units
• Solar heating
• Fuel storage tanks

You’ll also note any malfunctions of any of the above that you’re aware of.

10. Water intrusion

Note any past or present water intrusion and any homeowner’s insurance claims related to water intrusion in this section. Also, disclose any dampness and attempts to improve it.

11. Sinkholes and settling

If you’re aware of any sinkholes, soil movement, or settling, disclose it in this section of the Florida seller’s disclosure form. You’ll also need to be sure to note any insurance claims related to sinkholes.

12. Windows and doors

The Florida seller’s disclosure form includes a section on windows and doors and asks for the following details:

• Whether the windows are made of insulated glass
• Whether your home has any low-E filtered windows or fogged windows
• Whether any windows are broken or cracked
• Whether all operable windows open, stay open, close, and lock properly
• The presence of any missing or damaged screens
• Whether all doors operate properly

13. Plumbing

You’ll note any plumbing problems and related details in this section. That includes:

• General problems with the plumbing system or fixtures
• Any polybutylene pipes on the property
• Any leaks, back-ups, water or sewer/septic tank problems
• The home’s drinking water supply source
• Whether the well water has ever been tested
• Whether the home has a separate water supply source for irrigation
• The type of sewage system in the home
• When the septic tank was last pumped
• The number and type of water heaters

14. Electrical systems

Does your house have old wiring? Unless you’ve recently paid for modern rewiring, you may have some electrical issues to disclose.

Note down any of the following here:

• Malfunctioning switches
• Malfunctioning receptacles
• Malfunctioning wiring
• Any problem with the electrical system/fixtures
• Any aluminum wiring

15. Exclusions and leased systems

Is there any leased equipment — such as leased solar panels — present in the home? Jot it down here so that the buyer knows what’s owned and what isn’t. In addition, note any fixture present in the home that you plan to take when you sell the home. That’s affixed items only, like a mirror that’s bolted to the wall or a gorgeous midcentury modern light fixture that you can’t live without.

16. Wood-destroying organisms

If you’re aware of any wood-destroying pests — including both present and past infestations — you’ll report it here. In Florida, the most common wood-destroying organisms you may have a history with, in or around your home are:

• Powderpost and ambrosia beetles
• Carpenter ants
• Carpenter bees
• Termites
• Wood-destroying fungi such as basidiomycetes

If you once had an infestation and a pest control company took care of the problem, you’ll list the name of the company and the renewal date.

17. Flooding, drainage, and boundaries

Flood hazards that could require a buyer to pay for additional flood insurance and any drainage issues go here. In addition, you’ll mark down any easements or shared driveways, docks, access points, or other joint-use areas of your property.

18. Miscellaneous

In the last section, marked Other Matters, the seller disclosure form asks you to disclose a range of details:

• Is there a right of first refusal on your property?
• Is there any threatened legal action involving your property that you’re aware of?
• Does your property have a homestead tax exemption for the current year?
• Who is the water/sewer, garbage pick-up, gas/fuel, and electricity provider for the home?

Lastly, the disclosure form will ask you to provide anything else that you feel is relevant about your property on a line ending this section. That allows you to dot your i’s and cross your t’s and feel confident that you’ve disclosed everything you need to in order to satisfy Florida’s disclosure requirements.

Q&A: More expert tips about disclosures in Florida

What can I leave out of my Florida seller’s disclosure?

In Florida, there is a specific statute that states that the seller is not required to disclose whether the property has ever been the site of any sort of death, including murder or suicide.

Niakan says to stick to the disclosure form and reveal material facts as required. “I wouldn’t suggest that you disclose anything more than what’s required,” he says. “Don’t go beyond that — there’s no reason to.”

What if I accidentally leave something out of my disclosure?

For the most part, as long as you disclose everything you’re aware of when you fill out the disclosure, you’re safe.

The exception is lead-based paint, which is a federal disclosure requirement.

“That’s separate,” Niakan explains. “Basically, any property built before 1978 has to have that form. The purpose of the form is to disclose whether you are aware of any lead-based paint in your property and give access to federal information that advises buyers on what to do if they want to perform any additional inspections themselves.”

What if I don’t know the answer to a question on the disclosure?

Niakan says that one of the biggest challenges sellers face is knowing what they should do when they don’t know the answer to a question.

“The simple answer is this: You don’t know what you don’t know,” he says. “And it’s okay not to know something. Just write I don’t know” and move on to the next question.”

Can my agent help me fill out my seller disclosure?

“We’re specifically advised to never fill out property disclosures for a seller,” Niakan explains. “Typically, we don’t advise them of what any answers should be.” The reason? “Because if they don’t know, they should just write, I don’t know. That’s the whole beauty of it.”

The whole point of the disclosure, he summarizes, is that it’s designed to give the seller space to disclose what they do know — and not what they don’t. “You don’t have to go do research or spend time learning about the property. You just have to say what you know. And that’s it.”

Are you ready to sell or buy a home in Florida?

Ultimately, when it comes down to what to disclose when selling a house in Florida, the answer is anything you know about.

“There are times when the seller says, should I disclose this thing that happened on my property if everything’s fine now? And the answer is always yes,” Niakan says: “Disclose it.”

Why? “Because if that problem rears its ugly head again, you’ll be covered.”

In addition to meeting Florida’s disclosure requirements, rock your Sunshine State home sale with a top Florida real estate agent. HomeLight’s Agent Match can connect you with top-performing agents in Florida who have the local experience and market knowledge to successfully guide you through every step of the home-selling or buying journey, from disclosures to closing. Put a top professional in your corner.

LEARN MORE 

• Selling a House ‘As Is’ in Florida
• What Is the Average Time to Sell a House in Florida?
• When Is the Best Time to Sell a House in Florida?

Header Image Source: (Mark Male / Unsplash)