“Florida Home Sales: What Sellers Must Tell Buyers”

1. Every state has different requirements for disclosure when selling residential property.
2. In Florida, it has always been a violation of the law to misrepresent material facts.
3. Prior to 1985, remaining silent and not disclosing material defects was not a violation of the law.
4. The 1985 Johnson v. Davis opinion created a duty for sellers to disclose facts that materially affect the value of the property.
5. Sellers must disclose facts that are not readily observable and known to the buyer. – There is no legally required disclosure form for residential real estate, but realtors often use their own.
– Sellers may be asked to disclose prior water or termite damage on a disclosure form, but they are not obligated to disclose repaired damage.
– Realtors can be liable if they know about property defects but don’t disclose them to the buyer.
– The disclosure form is used by realtors to protect themselves from liability. 1. In Florida, there is no obligation to disclose a homicide or suicide that occurs on residential real property.
2. The Florida Legislature passed a statute stating there is no obligation to disclose suicides or homicides in order to clarify the issue.
3. Disclosure of intangible stigmas, such as a property’s history or associations, is not currently required in Florida.
4. The only guidance on this point is the Florida statute that makes it clear that murders and suicides occurring on the property need not be disclosed.

https://www.jimersonfirm.com/blog/2018/11/must-disclosed-selling-residential-property-florida/