The seller disclosure form in Florida is required by law1 to be filled out by sellers and presented to buyers after a purchase contract has been signed, and is an important part of the process of buying a condo in Miami, a house in Ft. Lauderdale or any anywhere else in Florida.
Unlike in New York where sellers regularly can opt out of filling out the seller property disclosure form by giving the buyer a $500 credit at closing, sellers in Florida have no such option and must complete the form to the best of their knowledge.
Unlike in New York where the principle of caveat emptor (i.e. buyer beware) is the norm, in Florida sellers have a duty to disclose latent material defects that they are aware of, lest they be sued for fraud in court.
With that said, the answers to many of the questions you’ll see in the sample Florida seller disclosure form below won’t be known to many sellers, and it’s perfectly acceptable for a seller to check “Don’t Know” vs “Yes” or “No” to any or all of them.
You can download a blank PDF copy of the Seller Disclosure Form for Florida, approved by the Florida Realtors, here. We’ve also included a sample Florida seller disclosure form in the text below.
1Johnson v. Davis, 480 So.2d 625 (Fla. 1985)
Seller’s Property Disclosure – Residential
Notice to Licensee and seller: Only the Seller should fill out this form.
Notice to Seller: Florida law1 requires a Seller of a home to disclose to the Buyer all known facts that materially affect the value of the property being sold and that are not readily observable or known by the Buyer. This disclosure form is designed to help you comply with the law. However, this disclosure form may not address every significant issue that is unique to the Property. You should think about what you would want to know if you were buying the Property today; and if you need more space for additional information, comments, or explanations, check the Paragraph 12 checkbox and attach an addendum.
Notice to Buyer: The following representations are made by Seller and not by any real estate licensee. This disclosure is not a guaranty or warranty of any kind. It is not a substitute for any inspections, warranties, or professional advice you may wish to obtain. It is not a substitute for your own personal judgment and common sense. The following information is based only upon Seller’s actual knowledge of the Property’s condition. Sellers can disclose only what they actually know. Seller may not know about all material or significant items. You should have an independent, professional home inspection to verify the condition of the Property and determine the cost of repairs, if any. This disclosure is not a contract and is not intended to be a part of any contract for sale and purchase.
Seller makes the following disclosure regarding the property described as: ____ (the “Property”)
The Property is __ owner occupied __ tenant occupied __ unoccupied (If unoccupied, how long has it been since Seller occupied the Property? ____
Structures; Systems; Appliances
(a) Are the structures including ceilings; walls; doors; windows; foundation; and pool, hot tub, and spa, if any, structurally sound and free of leaks?
(b) Is seawall, if any, and dockage, if any, structurally sound?
(c) Are existing major appliances and heating, cooling, mechanical, electrical, security, and sprinkler systems, in working condition, i.e., operating in the manner in which the item was designed to operate?
(d) Does the Property have aluminum wiring other than the primary service line?
(e) Are any of the appliances leased? If yes, which ones: ____
(f) If any answer to questions 1(a) – 1(c) is no, please explain: ____
Termites; Other Wood-Destroying Organisms; Pests
(a) Are termites; other wood-destroying organisms, including fungi; or pests present on the Property or has the Property had any structural damage by them?
(b) Has the Property been treated for termites; other wood-destroying organisms, including fungi; or pests?
(c) If any answer to questions 2(a) – 2(b) is yes, please explain: ____
Water Intrusion; Drainage; Flooding
(a) Has past or present water intrusion affected the Property?
(b) Have past or present drainage or flooding problems affected the Property?
(c) Is any of the Property located in a special flood hazard area?
(d) Is any of the Property located seaward of the coastal construction control line?
(e) Does your lender require flood insurance?
(f) Do you have an elevation certificate? If yes, please attach a copy.
(g) If any answer to questions 3(a) – 3(d) is yes, please explain: ____
(a) What is your drinking water source? __ public __ private __ well __ other
(b) Have you ever had a problem with the quality, supply, or flow of potable water?
(c) Do you have a water treatment system?
If yes, is it __ owned __ leased?
(d) Do you have a __ sewer or __ septic system? If septic system, describe the location of each system: ____
(e) Are any septic tanks, drain fields, or wells that are not currently being used located on the Property?
(f) Have there been any plumbing leaks since you have owned the Property?
(g) Are any polybutylene pipes on the Property?
(h) If any answer to questions 4(b), 4(c), and 4(e) – 4(g) is yes, please explain: ____
Roof and Roof-Related Items
(a) To your knowledge, is the roof structurally sound and free of leaks?
(b) The age of the roof is __ years OR date installed __
(c) Has the roof ever leaked during your ownership?
(d) To your knowledge, has there been any repair, restoration, replacement (indicate full or partial) or other work undertaken on the roof?
If yes, please explain: ____
(e) Are you aware of any defects to the roof, fascia, soffits, flashings or any other component of the roof system?
If yes, please explain: ____
Pools; Hot Tubs; Spas
Note: Florida law requires swimming pools, hot tubs, and spas that received a certificate of completion on or after October 1, 2000, to have at least one safety feature as specified by Section 515.27, Florida Statutes.
(a) If the Property has a swimming pool, hot tub, or spa that received a certificate of completion on or after October 1, 2000, indicate the existing safety feature(s):
__enclosure that meets the pool barrier requirements ___approved safety pool cover __ required door and window exit alarms __ required door locks __ none
(b) Has an in-ground pool on the Property been demolished and/or filled?
Note: When an insurance claim for sinkhole damage has been made by the Seller and paid by the insurer, Section 627.7073(2)(c), Florida Statutes, requires the Seller to disclose to the Buyer that a claim was paid and whether or not the full amount paid was used to repair the sinkhole damage.
(a) Does past or present settling, soil movement, or sinkhole(s) affect the Property or adjacent properties?
(b) Has any insurance claim for sinkhole damage been made?
If yes, was the claim paid? __ yes __ no
If the claim was paid, were all the proceeds used to repair the damage? __ yes __ no
(c) If any answer to questions 7(a) – 7(b) is yes, please explain: ____
Homeowners’ Association Restrictions; Boundaries; Access Roads
(a) Is membership in a homeowner’s association mandatory or do any covenants, conditions or restrictions (CCRs) affect the Property? (CCRs include deed restrictions, restrictive covenants and declaration of covenants.)
Notice to Buyer: If yes, you should read the association’s official records and/or the CCRs before making an offer to purchase. These documents contain information on significant matters, such as recurring dues or fees; special assessments; capital contributions, penalties; and architectural, building, landscaping, leasing, parking, pet, resale, vehicle and other types of restrictions.
(b) Are there any proposed changes to any of the restrictions?
(c) Are any driveways, walls, fences, or other features shared with adjoining landowners?
(d) Are there any encroachments on the Property or any encroachments by the Property’s improvements on other lands?
(e) Are there boundary line disputes or easements affecting the Property?
(f) Are you aware of any existing, pending or proposed legal or administrative action affecting homeowner’s association common areas (such as clubhouse, pools, tennis courts or other areas)?
(g) Have any subsurface rights, as defined by Section 689.29(3)(b), Florida Statutes, been severed from the Property?
If yes, is there a right of entry? __ yes __ no
(h) Are access roads __ private __ public?
If private, describe the terms and conditions of the maintenance agreement: ____
(i) If any answer to questions 8(a) – 8(g) is yes, please explain: ____
(a) Was the Property built before 1978?
If yes, please see Lead-Based Paint Disclosure.
(b) Does anything exist on the Property that may be considered an environmental hazard, including but not limited to, lead-based paint; asbestos; mold; urea formaldehyde; radon gas; methamphetamine contamination; defective drywall; fuel, propane, or chemical storage tanks (active or abandoned); or contaminated soil or water?
(c) Has there been any damage, clean up, or repair to the Property due to any of the substances or materials listed in subsection (b) above?
(d) Are any mangroves, archeological sites, or other environmentally sensitive areas located on the Property?
(e) If any answer to questions 9(b) – 9(d) is yes, please explain: ____
Governmental, Claims and Litigation
(a) Are there any existing, pending or proposed legal or administrative claims affecting the Property?
(b) Are you aware of any existing or proposed municipal or county special assessments affecting the Property?
(c) Are you aware of the Property ever having been, or is it currently, subject to litigation or claim, including but not limited to, defective building products, construction defects and/or title problems?
(d) Have you ever had any claims filed against your homeowner’s Insurance policy?
(e) Are there any zoning violations or nonconforming uses?
(f) Are there any zoning restrictions affecting improvements or replacement of the Property?
(g) Do any zoning, land use or administrative regulations conflict with the existing use of the Property?
(h) Do any restrictions other than association or flood area requirements, affect improvements or replacement of the Property?
(i) Are any improvements, located below the base flood elevation?
(j) Have any improvements been constructed in violation of applicable local flood guidelines?
(k) Have any improvements to the Property, whether by you or by others, been constructed in violation of building codes or without necessary permits?
(l) Are there any active permits on the Property that have not been closed by a final inspection?
(m) Is there any violation or non-compliance regarding any unrecorded liens; code enforcement violations; or governmental, building, environmental and safety codes, restrictions or requirements?
(n) If any answer to questions 10(a) – 10(m) is yes, please explain: ____
Foreign Investment in Real Property Tax Act (“FIRPTA”)
(a) Is the Seller subject to FIRPTA withholding per Section 1445 of the Internal Revenue Code?
If yes, Buyer and Seller should seek legal and tax advice regarding compliance.
__ (If checked) Other Matters; Additional Comments _The attached addendum contains additional information, explanation, or comments.
Seller represents that the information provided on this form and any attachments is accurate and complete to the best of Seller’s knowledge on the date signed by Seller. Seller authorizes listing broker to provide this disclosure statement to real estate licensees and prospective buyers of the Property. Seller understands and agrees that Seller will promptly notify Buyer in writing if any information set forth in this disclosure statement becomes inaccurate or incorrect.
Buyer acknowledges that Buyer has read, understands, and has received a copy of this disclosure statement.
Instructions to Seller: If the information set forth in this disclosure statement becomes inaccurate or incorrect, you must promptly notify Buyer. Please review the questions and your answers. Use the space below to make corrections and provide additional information, if necessary. Then acknowledge that the information is accurate as of date signed below.