Does Florida require a statutory seller's disclosure form?

No. Florida does not have a single mandatory statutory disclosure form for residential transactions. Instead, the seller's duty arises from Johnson v. Davis (the common-law duty to disclose latent material defects) and several specific statutory disclosures (radon, flood, coastal, taxes, HOA/condo, lead-based paint). In practice, most Florida transactions use the FAR/BAR Seller's Property Disclosure form to satisfy the documentary requirements.

Does the "as is" clause eliminate the seller's disclosure duty?

No. The Florida First DCA confirmed in Rayner v. Wise Realty Co. of Tallahassee that the Johnson v. Davis duty applies even to "as is" sales. The "as is" designation limits the buyer's inspection-period repair-request rights, but it does not allow the seller to conceal known latent material defects. Fraudulent concealment overrides "as is."

Does the seller have to disclose a death on the property?

No, not affirmatively. Florida Statute §689.25 specifically provides that homicide, suicide, or death on the property — and an occupant's HIV or AIDS infection — are not material facts requiring disclosure. However, if a buyer directly asks, the seller cannot lie. The statute eliminates the affirmative duty to volunteer but does not authorize false answers to direct questions.

What is the FD-1 flood disclosure form?

Form FD-1 is the mandatory flood disclosure created by §689.302, effective October 1, 2024. Before contract execution, the seller must disclose on the FD-1 whether the property has flooded during the seller's ownership, whether the seller filed a flood insurance claim, and whether the seller received FEMA flood assistance. This is a separate written form, not just contract language.

What are the elements of a Johnson v. Davis claim?

Under Jensen v. Bailey, 76 So. 3d 980 (Fla. 2d DCA 2012), a buyer must prove four elements: (1) the seller had actual knowledge of the defect; (2) the defect materially affects the value of the property; (3) the defect is not readily observable; and (4) the defect was not known to the buyer. The statute of limitations is four years from discovery under §95.11(3).

Florida Real Estate Seller Property Disclosure — Johnson v. Davis, §689.25, and the FD-1 Flood Form

TL;DR

Florida does not have a single statutory seller's disclosure form. Instead, the seller's duty to disclose comes from a combination of (1) the Florida Supreme Court's decision in Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), which imposes a common-law duty to disclose latent material defects, and (2) specific statutory disclosures the Legislature has added piecemeal — radon gas (§404.056(5)), coastal erosion (§161.57), property taxes (§689.261), flood history (§689.302, the FD-1 form effective 2024), and homeowner/condo association membership (§720.401, §718.503). Under Johnson v. Davis, a residential seller must disclose any fact that (1) the seller actually knows, (2) materially affects the value of the property, (3) is not readily observable, and (4) is not known to the buyer. The duty applies even to "as is" sales — Rayner v. Wise Realty Co. of Tallahassee made that explicit. By statute (§689.25), Florida sellers and their agents are not required to disclose that a property was the site of a homicide, suicide, or death, or that an occupant had HIV or AIDS — but if the buyer directly asks, the answer must be truthful.

The Johnson v. Davis Standard

Before 1985, Florida applied the traditional rule of caveat emptor — "buyer beware" — in residential real estate transactions. A seller who knew about a defect generally had no affirmative duty to volunteer that information; the buyer was expected to inspect and ask questions. That changed when the Florida Supreme Court decided Johnson v. Davis, 480 So. 2d 625 (Fla. 1985). The case involved a home with a leaking roof that the sellers knew about but did not disclose to the buyers. The Court abandoned caveat emptor for residential transactions and announced a new rule: "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 Court framed the rule as a duty arising from honesty and fair dealing rather than from contract. That framing matters: the duty exists independently of what the contract says, so a generic "as is" clause does not eliminate it. The Florida First District Court of Appeal confirmed this in Rayner v. Wise Realty Co. of Tallahassee, holding that the Johnson v. Davis duty applies even when the contract designates the property as sold "as is." An "as is" clause affects the buyer's inspection-period repair-request rights, but it does not allow the seller to conceal known material defects.

The Four Elements of a Johnson v. Davis Claim

Florida courts — most recently the Second DCA in Jensen v. Bailey, 76 So. 3d 980 (Fla. 2d DCA 2012) — have distilled the Johnson v. Davis doctrine into four elements that a buyer must prove to recover for nondisclosure:

Actual knowledge. The seller actually knew about the defect. Constructive knowledge (what the seller "should have known") is not enough — though knowledge can be proved circumstantially, through prior repair invoices, insurance claims, contractor reports, or testimony from neighbors and previous occupants.
Materiality. The defect materially affects the value of the property. Cosmetic or minor issues that do not affect value will not support a claim. Material defects typically include structural problems, roof leaks, foundation issues, chronic plumbing or electrical problems, mold, repeated flooding, and environmental contamination.
Not readily observable. The defect must be hidden — not something a buyer could have discovered through reasonable inspection. A leaking roof visible from the driveway would not qualify; a leaking roof concealed by a fresh coat of ceiling paint might.
Not known to the buyer. If the buyer already knew about the defect from another source — an inspection report, a prior conversation, public records — the seller's nondisclosure is not actionable.

The statute of limitations for a Johnson v. Davis fraudulent-nondisclosure claim is four years from discovery (§95.11(3)). Remedies include rescission of the sale (returning both parties to their pre-contract positions) and money damages, typically measured by the cost of repair or the diminution in value caused by the undisclosed defect.

Florida Statutory Disclosures That May Apply in Residential Sales

Beyond the common-law Johnson v. Davis duty, the Legislature has added several specific disclosures that must be made by statute. Knowing each is a frequent Florida real estate exam question.

Radon gas (§404.056(5)). Every contract for the sale of real property in Florida must include a specific written radon-gas warning. The statute prescribes the exact language: "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." This is mandatory contract language, not a separate form.
Flood history (§689.302). Effective October 1, 2024, the Florida Legislature created a mandatory flood disclosure on Form FD-1. Before contract execution, the seller must disclose whether the property has flooded during the seller's ownership, whether the seller filed a flood insurance claim, and whether the seller received FEMA flood assistance. This codifies what was already largely a Johnson v. Davis obligation but adds a specific form requirement.
Coastal erosion (§161.57). For property partly or entirely seaward of the Coastal Construction Control Line (CCCL), the seller must disclose the potential for erosion and that the property may be subject to coastal-protection regulations, beach-nourishment rules, and marine-turtle protections.
Property tax estimate (§689.261). The seller must give the buyer a written disclosure that the property tax assessed to the seller may not equal the property tax the buyer will pay, because the homestead-exemption and Save Our Homes assessment cap reset on transfer.
HOA and condominium disclosures (§720.401, §718.503). If the property is in a homeowners' association or condominium, the seller must disclose the mandatory membership, fees and assessments, and provide the governing documents (or the buyer's right to receive them).
Lead-based paint (federal — 24 CFR Part 35). For housing built before 1978, federal law requires the seller to provide an EPA-approved lead-based paint pamphlet, a disclosure form identifying any known lead-based paint, and a 10-day inspection window.

What Sellers Are NOT Required to Disclose Under §689.25

The Legislature has carved out two specific categories of information that residential sellers and their licensed agents are not required to disclose. Florida Statute §689.25 provides that the following are not material facts requiring disclosure in a real estate transaction:

That the property was, or was at any time suspected to have been, the site of a homicide, suicide, or death.
That an occupant of the property was infected or had been infected with HIV or AIDS.

Subsection (2) of §689.25 makes the protection broader by providing that no cause of action arises against an owner, the owner's agent, or any person licensed under Chapter 475 for failing to disclose these matters. The protection exists because the Legislature determined that these conditions don't affect the physical structure or environmental condition of the property — they are stigmas based on history rather than defects.

Two important nuances: (1) the statute removes the affirmative duty to volunteer the information, but if the buyer directly asks, the seller and the agent cannot lie — a false answer to a direct question is fraud regardless of §689.25; and (2) the statute applies only to those specific categories. It does not protect a seller from a Johnson v. Davis claim about something else, like an undisclosed roof leak that happened to coincide with a death on the property.

The Practical Disclosure Process in Florida

Although Florida does not require a single statutory seller's disclosure form, the Florida Association of Realtors and the Florida Bar jointly maintain disclosure forms used in most residential transactions. The most common is the Seller's Property Disclosure — Residential form (FAR/BAR), which walks the seller through known issues with the roof, structure, plumbing, electrical, appliances, environmental conditions, HOA matters, and improvements. Completing this form in writing creates the documentary record that protects both the buyer (by triggering disclosure obligations) and the seller (by memorializing what was disclosed and when).

For licensed agents, the duty is layered on top of the seller's duty. Under Chapter 475 and the FREC rules, a licensee owes the customer (or principal, in single-agency relationships) duties of honest dealing and disclosure of all known facts that materially affect the value of residential property. A licensee who knows about a defect cannot remain silent even if the seller chooses not to disclose. The duties of single agents and transaction brokers are governed by §475.278 and §475.272, respectively.

Common Disclosure Failures and How to Avoid Them

Most disclosure litigation in Florida involves one of three patterns:

Concealment of known repairs. The seller had the foundation repaired five years ago, kept the invoices in a desk drawer, and never disclosed the history to the buyer. The receipts surface during inspection or after closing. This is the classic Johnson v. Davis fact pattern.
Selective disclosure. The seller discloses some issues but not the most significant one. Florida courts have held that partial disclosure can itself be misleading and actionable as fraud — disclosing minor cosmetic issues while concealing the chronic flooding implies the disclosed items are the only problems.
"I didn't know" defenses that fail. Sellers sometimes argue they lacked actual knowledge, but courts look at the full circumstantial record — repair history, insurance claims, neighbor testimony, prior listing disclosures — to infer what the seller actually knew. Strategic ignorance does not defeat the duty.

FAQ

Does Florida require a statutory seller's disclosure form?: No. Florida does not have a single mandatory statutory disclosure form for residential transactions. Instead, the seller's duty arises from Johnson v. Davis (the common-law duty to disclose latent material defects) and several specific statutory disclosures (radon, flood, coastal, taxes, HOA/condo, lead-based paint). In practice, most Florida transactions use the FAR/BAR Seller's Property Disclosure form to satisfy the documentary requirements.
Does the "as is" clause eliminate the seller's disclosure duty?: No. The Florida First DCA confirmed in Rayner v. Wise Realty Co. of Tallahassee that the Johnson v. Davis duty applies even to "as is" sales. The "as is" designation limits the buyer's inspection-period repair-request rights, but it does not allow the seller to conceal known latent material defects. Fraudulent concealment overrides "as is."
Does the seller have to disclose a death on the property?: No, not affirmatively. Florida Statute §689.25 specifically provides that homicide, suicide, or death on the property — and an occupant's HIV or AIDS infection — are not material facts requiring disclosure. However, if a buyer directly asks, the seller cannot lie. The statute eliminates the affirmative duty to volunteer but does not authorize false answers to direct questions.
What is the FD-1 flood disclosure form?: Form FD-1 is the mandatory flood disclosure created by §689.302, effective October 1, 2024. Before contract execution, the seller must disclose on the FD-1 whether the property has flooded during the seller's ownership, whether the seller filed a flood insurance claim, and whether the seller received FEMA flood assistance. This is a separate written form, not just contract language.
What are the elements of a Johnson v. Davis claim?: Under Jensen v. Bailey, 76 So. 3d 980 (Fla. 2d DCA 2012), a buyer must prove four elements: (1) the seller had actual knowledge of the defect; (2) the defect materially affects the value of the property; (3) the defect is not readily observable; and (4) the defect was not known to the buyer. The statute of limitations is four years from discovery under §95.11(3).
What remedies are available for a Johnson v. Davis claim?: The two principal remedies are rescission of the sale (the buyer returns the property and the seller returns the purchase price) and money damages (typically measured by the cost of repair or the diminution in value caused by the undisclosed defect). The buyer can also recover consequential damages such as inspection costs and, in fraud cases, potentially punitive damages.

Bottom Line

Florida's residential seller-disclosure framework is a hybrid of common law and statute. The common-law duty under Johnson v. Davis requires the seller to disclose any known, material, hidden defect — and that duty applies even to "as is" sales. The statutory disclosures cover specific topics the Legislature has chosen to mandate: radon (§404.056(5)), flood history on Form FD-1 (§689.302, effective October 2024), coastal erosion (§161.57), property taxes (§689.261), HOA/condo membership (§720.401, §718.503), and lead-based paint for pre-1978 homes (federal law). The seller is not required to disclose homicide, suicide, death, or HIV/AIDS infection under §689.25 — but cannot lie if directly asked. For licensees, Chapter 475 layers an independent duty on top of the seller's duty: a licensee with knowledge of a material defect cannot remain silent. For broader licensee compliance and the FREC/DBPR enforcement structure that backs these rules, see our companion guide.

Source: Florida Statutes §689.25 — Failure to Disclose Homicide, Suicide, Deaths, or HIV/AIDS · Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) · Florida Statutes §689.302 — Flood Disclosure