FLORIDA REAL ESTATE DISCLOSURE OBLIGATIONS
Sellers Disclosure Obligations in Florida
Misrepresentation of material information in the selling of residential property has long been illegal in Florida. The disclosure obligations for the sale of residential real estate in Florida are quite specific. Both legislation and case law support these standards. You have a responsibility to disclose something that has a significant impact on the property’s worth and that someone would not ordinarily be aware of merely by performing a basic inspection of the residence. Johnson v. Davis, 480 So.2d 625, was the case that sparked this
For instance, if you know that a cupboard in the kitchen is stuck or that a water drain is leaky, you generally don’t need to disclose it. Because these issues are simple and affordable to address, they won’t have a significant impact on the home’s value. However, if you know there is a foundation fault or black mold across the ceiling due to water damage, these are certainly the types of things that would severely devalue the home – and therefore you must disclose them.
It’s crucial to remember, however, that purchasers are still responsible for making a thorough inspection of the property they want to purchase.
