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Selling a home in Florida

Do I have to disclose a death in my house in Florida?

Short answer

No. Under Florida Statutes section 689.25, the fact that a property was the site of a homicide, suicide or other death is not a material fact that must be disclosed in a real estate transaction, and no cause of action arises against the owner or the agents for not disclosing it.

What does Florida law say?

Section 689.25 says that a property having been, or being suspected to have been, the site of a homicide, suicide or death is not a material fact that must be disclosed in a real estate transaction. The same section says an occupant's HIV status or AIDS diagnosis is not a material fact that must be disclosed either.

It also says a cause of action shall not arise against an owner, the owner's agent, the transferee's agent, or a person licensed under chapter 475 (real estate licensees) for failing to disclose these facts (as of 2026).[1]

Does that change a seller's other disclosure duties?

No. Section 689.25 is limited to deaths and HIV/AIDS. Florida real estate licensees still owe the duty of disclosing all known facts that materially affect the value of residential real property and are not readily observable — section 475.278 lists it for both transaction brokers and single agents.

So a physical problem connected with an event in the home, such as damage or a repair, is a separate question from the death itself and is handled under the normal disclosure rules.[2]

What if a buyer asks directly?

The statute addresses not disclosing these facts; it does not say anything about giving an untrue answer to a direct question. If a buyer asks, talk to a Florida real estate attorney about how to respond before answering.[1]

Key takeaways

  • As of 2026, Fla. Stat. 689.25 says a death, suicide or homicide on a property is not a material fact that must be disclosed.
  • Owners and real estate licensees can't be sued just for not disclosing it.
  • An occupant's HIV status or AIDS diagnosis is also not a material fact that must be disclosed.
  • Licensees must still disclose known, not readily observable facts that materially affect a home's value (Fla. Stat. 475.278).
  • If a buyer asks directly, get advice from a Florida real estate attorney before answering.

Sources

  1. [1]Florida Legislature — Fla. Stat. 689.25, Failure to disclose homicide, suicide, deaths, or diagnosis of HIV or AIDS
  2. [2]Florida Legislature — Fla. Stat. 475.278, Authorized brokerage relationships; presumption of transaction brokerage; required disclosures

Reviewed October 12, 2026. General real-estate information for Florida, not legal, tax, lending or insurance advice. Laws, rates and deadlines change — confirm property-specific facts with the agency cited, a Florida real-estate attorney, CPA or licensed insurance agent.

Have a question about a specific property?

Rules like these play out differently address by address. Tell us the property and what you are deciding. The Basaran Group · Anthony Basaran, P.A. · LoKation Real Estate.

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