What Seller’s Disclosures to buyers must include in 2025 (to Avoid Legal Risks!)
Selling your home? After the 2024 hurricanes, disclosing flood history, insurance claims, and repair details is more important than ever. In this video, I explain what Florida sellers must share with buyers, from property defects to flooding history and HOA rules. Watch now to protect yourself legally and build trust with buyers!
What Should Sellers Disclose to Buyers in Florida?
Selling a home is an exciting process, but it comes with responsibilities. One of the most important is the you provide full disclosure to potential buyers. In Florida, sellers are legally required to inform buyers about certain property details. This transparency avoids future disputes. The 2024 hurricane season has made this even more important to buyers.
Here’s what you need to know about seller disclosures:
- Material Defects
Florida law requires the seller to disclose any material defects that could affect the property’s value or safety. The worst time to get an understanding of what this might mean is when a courtroom is deciding if what you failed to mention was a material fact. I don’t want any of my sellers there!! Common examples include a leaking roof, electrical issues, or foundation problems. Hiding these issues can result in lawsuits or a failed sale.
Also, don’t assume that because a repair was completed, that the problem was, in fact, FIXED. Ever heard of a pesky plumbing leak taking a couple of companies to get it resolved?
- Environmental Hazards- Put them in the Seller’s Disclosures!
If your home has lead-based paint (in homes built before 1978), mold, or is located in a flood zone, you must disclose this to potential buyers. Since the hurricanes of 2023 and 2024, Flood zones are particularly relevant in Florida, where buyers need to understand their flood insurance requirements, and the risk of the home flooding.
- Homeowners Association (HOA) Disclosures
For homes in an HOA, as a seller, you must disclose rules, fees, and other HOA details. Buyers need to know about any restrictions, like limits on renting the property or pet ownership, before committing. If you’re not sure if living in an HOA is right for you, this video may help!
- Past Repairs or Renovations- Disclosure is required!
Transparency about major repairs or renovations—especially if permits weren’t pulled—is key to you building trust with your buyer. Buyers want to understand the home’s history to avoid surprises after closing. If needed, an additional page can be added to the Seller’s disclosures to capture everything.
- Other Key Seller’s Disclosures
Pest infestations, property boundary disputes, and zoning issues are other disclosures required by Florida law. Working with a real estate agent ensures that all necessary information is disclosed correctly.
Why Seller’s Disclosures Matter
Full disclosure enables you as the seller to build trust with your buyer, avoid legal risks, and facilitate a smoother transaction. As buyers feel confident about a property, they’re more likely to move forward with buying your house.
Work with an Expereinced Agent
If you’re unsure about what to disclose, consult with a knowledgeable real estate agent who can guide you through the process and ensure compliance with Florida law. Selling your home is a big step—let’s make sure it’s a successful one! Remember- seller’s disclosures are the number one thing to land a seller in a courtroom later- let that not be YOU!
Keywords: seller disclosures, what sellers must disclose, Florida real estate laws, material defects disclosure, HOA rules for sellers, flood zone disclosures, real estate tips for sellers
