What Does a Florida Seller Have to Disclose When Selling a House in 2026? Sinkholes, Flood History & Roof Age Explained

In Florida, a home seller must disclose any known facts that materially affect the property's value and are not readily observable by the buyer. This broad duty comes from Florida case law and generally covers issues like sinkhole activity, past flooding, roof condition, and other known defects. Rules can change and vary by situation, so treat this as general information and confirm your specific obligations with a licensed Florida real estate attorney before you list.

What Does a Florida Seller Have to Disclose When Selling a House in 2026?

Florida sellers must disclose known material defects that a buyer could not easily see or discover on their own. This "duty to disclose" applies to residential home sales and covers hidden problems that would affect what a reasonable buyer would pay. It does not require you to disclose things you genuinely do not know about, but you cannot hide or lie about problems you are aware of.

The standard most often cited comes from a Florida Supreme Court case, Johnson v. Davis, which established that sellers of residential property must tell buyers about known defects that materially affect value and are not readily observable. Because how this applies to your home depends on the facts, have a licensed attorney review your disclosures.

What are Florida's seller disclosure requirements?

Florida seller disclosure requirements center on telling the buyer about any known, material, and not-obvious defect in the property. Many sellers use a written disclosure form to record what they know, but the underlying legal duty exists whether or not a form is used.

Commonly disclosed items include:

• Structural or foundation issues, including cracks or settling you're aware of.
• Roof condition and known leaks, plus roof age if known.
• Sinkhole activity or claims, including past insurance claims for sinkhole damage.
• Flooding and water intrusion history, including prior flood damage.
• Plumbing, electrical, or HVAC problems you know about.
• Pest or termite damage and past treatments.
• Mold or moisture problems.
• Any past insurance claims tied to property damage.

The safest approach is simple: if you know about it and a buyer would want to know, disclose it in writing.

What homeowners should know

The core rule is honesty about what you actually know. You are not expected to inspect your own home like a professional or to guarantee its condition, but you must not conceal known problems or make false statements. When in doubt, disclose.

Do Florida sellers have to disclose sinkholes?

Yes. If you know about sinkhole activity, damage, or a past sinkhole insurance claim on the property, you should disclose it. Sinkholes are a well-known concern in parts of Florida, and this is exactly the kind of material fact a buyer cannot easily observe, so hiding it creates real legal risk.

If your home has had sinkhole-related repairs or claims, keep the documentation. Buyers and their insurers will often ask for it, and having records ready builds trust and speeds up the sale.

Do Florida sellers have to disclose flood history?

Yes, if you know about it. Past flooding, water intrusion, or flood-related damage is a material fact you should disclose to buyers. Even if repairs were made, the history itself can affect value, insurability, and a buyer's decision.

Keep in mind that flood zone designations and insurance rules can change over time. A licensed real estate agent or attorney can help you understand what applies to your property in your area.

Do Florida sellers have to disclose roof age?

You must disclose known roof problems, such as leaks or damage, and it's wise to share the roof's age if you know it. Roof age matters in Florida because it strongly affects a buyer's ability to get homeowners insurance, so many buyers will ask for it directly.

If you don't know the exact age, say so honestly rather than guessing. Providing any records you do have, like a permit or an old repair invoice, helps the buyer and protects you.

What happens if a Florida seller fails to disclose a defect?

A seller who hides or misrepresents a known material defect can face legal claims from the buyer after the sale. These claims can lead to costly disputes, so the risk of not disclosing usually far outweighs any short-term benefit. Because outcomes depend on the facts and current law, consult a licensed Florida attorney if you're unsure.

How can a real estate pro help with disclosures?

A trusted local real estate pro helps you understand what to disclose, complete the paperwork correctly, and present your home's history honestly. They can also connect you with inspectors, attorneys, and other specialists when a question falls outside their role. A good pro keeps the process calm, organized, and transparent.

You can find the Top Real estate pro in your zip through Zip.Agency, which surfaces one verified pro per zip code per trade. Every Top Pro is licensed, insured, background-checked, and backed by verified customer reviews. For more on preparing your home, see our home-services guides.