What Do You Have to Disclose When Selling a Home in Sarasota? Florida Seller Disclosure Explained

By Traci Bolen | Sand Sea Homes | eXp Realty

Serving Sarasota, Manatee, and Charlotte County

If you're getting ready to list, one of the first questions we hear is, "What do I actually have to tell buyers?" Florida seller disclosure rules are stricter than many people expect, and they apply even when you sell "as is." Whether your home is in Sarasota, Lakewood Ranch, Venice, Bradenton, or Port Charlotte, here's a plain-English guide to what Florida law requires, what's optional, and how to disclose in a way that protects your sale.

Quick answer: In Florida, a seller must disclose any known fact that materially affects the home's value and isn't easy for a buyer to see, such as a roof leak, past water damage, or a pending code violation. On top of that general rule, Florida requires specific written disclosures, including a flood disclosure given at or before the contract is signed, a radon notice, and, when they apply, HOA, property tax, and lead-based paint disclosures. Selling "as is" does not remove the duty to disclose known hidden defects.

The Core Rule Behind Florida Seller Disclosure

Florida's disclosure duty comes from a 1985 Florida Supreme Court case, Johnson v. Davis. The court held that when a seller knows of facts that materially affect a home's value, those facts aren't readily observable, and the buyer doesn't know about them, the seller has to disclose them.

Three words in that rule matter most:

• Known: You're responsible for what you actually know, not for problems you've never been aware of.
• Material: The issue would affect what a reasonable buyer would pay, or whether they'd buy at all.
• Not readily observable: A cracked window anyone can see is different from a slab leak hidden under the tile.

Florida courts have also made clear that the same duty applies when a home is sold "as is." The as-is contract limits what you agree to repair. It doesn't give you permission to stay quiet about a known hidden problem.

Common Issues Sarasota Sellers Should Disclose

Florida Realtors' seller's property disclosure form is the most common way sellers in our area put this in writing. It walks you through the big categories, including:

• Roof age, leaks, and past roof repairs or replacements
• Water intrusion, plumbing leaks, mold, and moisture problems
• Structural issues, foundation cracks, and sinkhole activity or paid sinkhole claims
• Termites or wood-destroying organisms, past damage, and treatments
• Electrical, HVAC, plumbing, septic, and well problems
• Unpermitted additions, enclosed lanais, or open permits
• HOA or condo association issues, including known special assessments or disputes

The form is a helpful checklist, but it isn't the outer limit of your obligation. If you know about something material that the form doesn't ask about, you still need to share it.

Florida-Specific Disclosures Required by Law

Flood disclosure

Since 2024, Florida law (Section 689.302) requires sellers of residential property to give buyers a written flood disclosure at or before the time the contract is signed. It reminds buyers that standard homeowners insurance doesn't cover flood, and asks whether you know of flooding that damaged the property during your ownership, whether you filed a flood insurance claim (including with the National Flood Insurance Program), and whether you received flood-related assistance such as FEMA aid.

Radon gas notice

Florida requires a radon gas disclosure at or before the signing of a sales contract on any building. The standard Florida Realtors contracts already include the required language, so there's usually no separate form.

Pending code enforcement actions

If there's an open code enforcement case on the property, you must disclose it in writing, give the buyer copies of the related notices and paperwork, tell them in writing that they'll be responsible for compliance after closing, and notify the code enforcement office of the transfer within five days after closing. Skipping these steps creates a legal presumption of fraud, so this is one to take seriously.

HOA, property tax, and lead-based paint disclosures

• HOA disclosure summary: Homes in mandatory homeowners associations, which describes much of Lakewood Ranch and many Venice and Bradenton communities, require a disclosure summary for the buyer.
• Property tax disclosure: Florida contracts include a notice that the buyer's taxes may be higher than the seller's, since homestead exemptions and the Save Our Homes cap reset after a sale.
• Lead-based paint: Federal law requires a lead-based paint disclosure for homes built before 1978.
• Coastal properties: Properties on barrier islands like Siesta Key, Longboat Key, or Manasota Key may need a disclosure if they sit partly or fully seaward of Florida's coastal construction control line.

What You Don't Have to Disclose in Florida

Under Section 689.25 of Florida Statutes, the fact that a death, homicide, or suicide happened in a home is not a material fact that must be disclosed. You also don't need to point out problems that are obvious to anyone walking through, or speculate about issues you've never been aware of. That said, if a buyer asks you a direct question, answer it honestly.

How to Handle Florida Seller Disclosure the Smart Way

Florida Realtors' legal team sums it up with a simple mantra: disclose, disclose, disclose. A buyer who discovers a costly problem after closing is often convinced the seller knew, and disputes can drag in sellers, agents, and brokerages even when the seller did nothing wrong. Clear, written disclosure up front is your best protection.

• Put it in writing. Verbal disclosure counts legally, but a signed form is far easier to prove later.
• Gather your records early. Roof permits, wind mitigation reports, insurance claims, repair invoices, and termite treatment paperwork help you answer accurately.
• Disclose fixed problems too. If a leak or mold issue was professionally repaired, say so and include the paperwork. A documented fix reassures buyers.
• Consider a pre-listing inspection. It surfaces issues before buyers do, so you can price, repair, or disclose on your terms.
• Ask a real estate attorney about anything unusual. This guide is general information, not legal advice.

Thinking About Selling in Sarasota, Manatee, or Charlotte County?

Disclosures don't have to be stressful. We walk every seller through the Florida forms line by line, help you pull together the right records, and make sure buyers get the information they need early, which keeps deals on track. If you're thinking about selling, reach out to Sand + Sea Homes.

Frequently Asked Questions About Florida Seller Disclosure

Is a seller's disclosure required in Florida?

Florida doesn't require one specific all-purpose form, but sellers have a legal duty to disclose known material defects that aren't readily observable, and several written disclosures, like the flood disclosure, are required by statute. Most sellers use the Florida Realtors seller's property disclosure form.

Do I have to disclose past flooding when selling my Sarasota home?

Yes. Florida's flood disclosure asks whether you know of flooding that damaged the home during your ownership, whether you filed a flood insurance claim, and whether you received assistance such as FEMA aid. It must be given at or before contract signing.

Can I avoid disclosure by selling my house "as is" in Florida?

No. An as-is sale limits your repair obligations, but Florida courts have held that sellers must still disclose known latent defects.

Do I have to disclose a repaired roof leak or past hurricane damage?

If it's known and material, it's best to disclose it, along with the repair documentation.

What happens if a Florida seller fails to disclose a known defect?

A buyer may be able to sue for damages or, in some cases, try to undo the sale, and the seller's agent and brokerage can be pulled in too. Talk with a Florida real estate attorney about your specific situation.