Florida FSBO Disclosure Requirements
By Robert Urban, FSBO Seller, Recovering Over-Sharer, and Full-Time Avoider of Lawsuits
So, you’re selling your house without a Realtor. Smart Move. You’ve got the sign in the yard, the photos online, and you’ve memorized the square footage so well you’re saying it in your sleep.
But before you pop the champagne and duct-tape a “SOLD” banner to the mailbox, let’s talk about the thing most FSBO sellers forget until it’s too late:
Legal Disclosures.
Because in Florida — the land of sunshine, sinkholes, and 800 versions of the same HOA — you’re legally required to tell the truth about your home.
Shocking, right?
Here’s the breakdown of what you must disclose in a Florida FSBO sale, what you should disclose if you enjoy sleeping peacefully at night, and how to avoid future phone calls that start with, “Hey, did you know the garage floods every time it rains?”
First, What Is a Disclosure?
A disclosure is your way of saying:
“Here’s everything I know about this property, good or bad, so nobody sues me later for selling them a ‘dream home’ with a haunted septic tank.”
It’s not about being perfect — it’s about being transparent.
Florida law doesn’t expect your house to be flawless. But it does expect you not to lie, omit, or play dumb like a toddler holding a crayon next to a wall mural.
Now, Let’s Break It Down: What You Legally Have to Disclose in Florida
1. Material Defects You Know About
This is the big one. Florida law (Johnson v. Davis, 1985, if you want to sound like a lawyer at dinner parties) requires that sellers disclose any known facts that materially affect the value of the property and are not readily observable.
Translation:
If there’s something wrong, you know about it, and it’s not obvious, you have to say so.
Examples:
- Roof leaks (even the “just a little drip when it storms” kind)
- Termite damage or past infestations
- Faulty wiring
- Mold (no matter how much bleach you used to cover it up)
- Non-permitted additions (hello, “bonus room” that used to be a porch)
- A/C that only works if you yell at it
- Septic issues
- Foundation cracks you’ve been “monitoring” for 6 years
You don’t have to pay for inspections. You don’t have to hunt for issues.
But if you know it? You must disclose it. Period.
2. HOA and Condo Association Info
If your property is part of a Homeowners’ Association or condo group, you legally must disclose that.
You’ll need to provide:
- Contact info for the HOA or condo association
- A copy of the rules, restrictions, fees, and budget
- Any pending assessments
- Any violations you haven’t resolved (that fence you never got approved? Yeah… that)
And you must give this to the buyer before the sale — not scribbled on a napkin at closing. In fact, Florida law allows a buyer to cancel the deal within 3 days of receiving the disclosure if they’re not into the HOA scene.
3. Lead-Based Paint Disclosure (For Homes Built Before 1978)
If your house was built before disco died, congratulations — you have to fill out a federally required Lead-Based Paint Disclosure.
Yes, even if you’ve never seen a single flake of paint.
Yes, even if HGTV told you your kitchen is “mid-century modern.”
This one’s non-negotiable and requires a separate form, which both you and the buyer must sign.
Skip it, and you could be liable for thousands in damages.
(Pro tip: Google “Lead Disclosure Penalty horror stories” if you enjoy anxiety.)
4. Radon Gas Disclosure
Florida Statute 404.056(5) says every buyer must be given a radon gas disclosure, regardless of whether you have a radon issue or not.
You don’t need to test for it. You don’t need to fix anything.
You just need to include this exact paragraph in the contract or attached documents:
“Radon gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time…”
(Yeah, it sounds terrifying. But it’s boilerplate. Just copy-paste and move on with your life.)
5. Sinkholes (It’s Florida. Of Course.)
If your property has had sinkhole activity, or you filed a sinkhole insurance claim (whether you fixed it or not), you must disclose it.
Even if it was years ago. Even if it was “small.” Even if you think it makes the backyard look like a natural Florida spa.
Buyers will find out. Be honest now, not defensive later.
Other Things You Should Disclose (Because Karma’s Real)
These aren’t always legally required, but disclose them anyway if they might cause future issues:
- Noisy or problematic neighbors
- History of flooding or water intrusion
- Pets buried in the backyard (yes, this has come up)
- Past insurance claims (can affect the buyer’s ability to get coverage)
- Zoning changes or pending road construction nearby
- A murder, suicide, or ghost situation (you don’t have to tell them in Florida, but if they ask directly — tell the truth)
What You Don’t Have to Disclose (But Might Be Asked)
Florida does not legally require you to disclose:
- That someone died in the home
- That the home is “haunted”
- If your house is near a sex offender (but buyers can check the database themselves)
Still, if asked directly, lying is a bad idea. It’s not the omission that gets you — it’s the cover-up.
How to Deliver Disclosures Without Sounding Like a Used Car Ad
You don’t need to attach your confessionals to the mailbox.
Just use a clean, professional seller disclosure form.
There are several available online, but the one from HOYO keeps it simple, straightforward, and built for FSBO sellers who don’t want to get blindsided by legal problems six months after closing.
Disclose It Now, Or Defend It Later
Disclosures aren’t about making your house look bad — they’re about protecting yourself.
Because selling a home without a Realtor is empowering. Great Financial Sense.
Getting sued because you “forgot to mention the mold behind the water heater”?
Less empowering.
Tell the truth.
Put it in writing.
Use a real contract and disclosure form.
The FSBO process is awesome, however there are obstacles and things you have to be aware of to be protected legally. if you would like assistance from every step of the process, you should check out HOYONOW.com. Experts here are in Florida and know every pothole that people stumble over and have created a platform that avoids those.
I am rooting for you,
Robert Urban