Where does Florida's duty to disclose come from?
The core rule comes from Johnson v. Davis, 480 So. 2d 625 (Fla. 1985). As quoted in The Florida Bar Journal, the court held that "where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer."
The test turns on what you actually know about hidden conditions — for example, a past leak, water intrusion or a structural problem you're aware of that a buyer couldn't spot on a walk-through. Putting what you know in writing, on whatever disclosure form your agent or attorney provides, creates a clear record of what the buyer was told.
The same Bar Journal article reports that Florida courts have declined to extend Johnson v. Davis to commercial property, and that a Florida appeals court found no "as is" contractual exception to the duty Johnson v. Davis imposes on sellers.[1]
Which written disclosures do Florida statutes require?
Several statutes require specific notices or documents in addition to the general duty:
- Radon gas notice (Fla. Stat. 404.056(5)): the statutory radon language must appear on at least one document signed at or before the contract for sale of any building.
- Flood disclosure (Fla. Stat. 689.302): a seller of residential real property must complete and give the buyer a flood disclosure at or before the time the sales contract is signed.
- HOA disclosure summary (Fla. Stat. 720.401): required before the contract is signed when the buyer will have to join a homeowners' association.
- Condominium documents (Fla. Stat. 718.503): a condo buyer is entitled to the declaration, bylaws and rules, budget and other association records at the seller's expense.[3][4][5][6]
What doesn't a Florida seller have to disclose?
Florida Statutes section 689.25 says the fact that a property was — or was 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 goes for an occupant's HIV infection or AIDS diagnosis, and the statute bars lawsuits against owners and licensed agents for not disclosing those facts.
The statute addresses failing to disclose these facts. If a buyer asks you a direct question about the property's history, get guidance from a Florida real estate attorney before you respond.[2]
Key takeaways
- Under Johnson v. Davis, a Florida home seller must disclose known, material facts that aren't readily observable and aren't known to the buyer.
- Florida case law summarized by The Florida Bar Journal treats an "as is" sale as no shield for hiding known latent defects.
- Statutes add a radon notice, a flood disclosure for residential sales, and HOA or condo documents where they apply.
- A death, homicide or suicide on the property is not a material fact Florida law requires you to disclose.
- If you're unsure whether a specific issue must be disclosed, ask a Florida real estate attorney before you list.
Sources
- [1]The Florida Bar Journal — The Return of the Pink Panther or Johnson v. Davis, Redux
- [2]Florida Legislature — Fla. Stat. 689.25, Failure to disclose homicide, suicide, deaths, or diagnosis of HIV or AIDS
- [3]Florida Legislature — Fla. Stat. 404.056, Environmental radiation standards and projects (radon notice)
- [4]Florida Legislature — Fla. Stat. 689.302, Disclosure of flood risks to prospective purchaser (2026)
- [5]Florida Legislature — Fla. Stat. 720.401, Prospective purchasers subject to association membership requirement; disclosure required
- [6]Florida Legislature — Fla. Stat. 718.503, Developer agreements; nondeveloper disclosure
Reviewed October 11, 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.