Florida · Seller disclosures

What you must disclose to a buyer in Florida.

Florida is a "caveat emptor" state with one carve-out: the seller MUST disclose material defects they know about that aren't readily visible to the buyer. Most sellers use the Florida Realtors "Seller's Property Disclosure" (SPDR-3) to memorialise that.

Legal note: Florida case law (Johnson v. Davis) imposes a duty to disclose KNOWN material defects. You don't have a duty to actively inspect — but if you know about something and stay quiet, the buyer can rescind after closing.

  1. 01 · Required

    Johnson v. Davis, 480 So.2d 625 (Fla. 1985)

    Seller's Property Disclosure — Residential (SPDR-3)

    Issued by Florida Realtors

    Standardised 5-page form covering structural defects, roof age, electrical, plumbing, HVAC, water/sewage, environmental hazards, HOA/condo data, and material legal issues. Sign and date; deliver to buyer BEFORE they sign the purchase contract.

    Open the official form ↗
  2. 02 · Required

    42 U.S.C. § 4852d

    Lead-Based Paint Disclosure (federal)

    Issued by U.S. Department of Housing and Urban Development (HUD)

    Mandatory for any residential property BUILT BEFORE 1978. The seller must disclose known lead-based-paint hazards and provide the EPA pamphlet "Protect Your Family from Lead in Your Home". Buyer has a 10-day inspection window. Skip this and the sale can be unwound after closing — federal law trumps state.

    Open the official form ↗

Need a hand?

The Sell & Connect pack includes your state's full disclosure pack and a written step-by-step guide to the forms — general information, not legal advice — plus a referral to a licensed Florida real-estate attorney if your situation is more involved.

See Sell & Connect →

Important: YouSellSmart provides materials and process — not legal advice. The forms above are maintained by their issuing associations; verify the link is the current published version before you sign. State law updates annually.