Florida sellers must disclose all known material defects not visible to the buyer, plus complete a statutory flood-disclosure form at or before contract signing. Expanded flood rules effective October 1, 2025 now require disclosure of any flooding that damaged the property during ownership, insurance claims, and assistance received.
What do Florida sellers legally have to disclose to a buyer?
Florida sellers must disclose any known fact that materially affects the property's value and is not readily observable by the buyer. That duty comes from the common-law rule in Johnson v. Davis and covers hidden defects like structural problems, water intrusion, roof damage, and electrical or plumbing issues. Separately, Florida law requires sellers to complete a statutory flood-disclosure form at or before the sales contract is signed.
Key Takeaways
- Florida's flood-disclosure requirements expanded on October 1, 2025, requiring sellers to disclose any flooding that damaged the property during their ownership, not just flooding tied to a named storm or federal disaster declaration.
- The flood-disclosure form must be delivered at or before contract execution, not at closing, so sellers should have it ready before they list.
- Florida's general disclosure duty under Johnson v. Davis goes beyond the flood form: any known, hidden, material defect must be disclosed even if it doesn't fit a specific form question.
- Filing a flood-insurance claim or receiving FEMA assistance during your ownership is a required disclosure item under Florida Statutes § 689.302.
- Standard homeowners' insurance does not cover flood damage in Jacksonville, and the statutory form specifically warns buyers to discuss separate flood coverage with an insurance agent.
Selling a home in Florida means the disclosure conversation is one of the first things I walk my clients through before we even put a sign in the yard. Get it wrong and you're looking at a deal falling apart at the worst possible moment, or worse, a lawsuit after closing. Here's what you actually need to know.
What does Florida law require sellers to disclose about defects?
Florida's disclosure duty is broader than a simple checklist. Under the rule established in Johnson v. Davis and reinforced more recently by the Florida Fifth District Court of Appeal in Smith v. Lynch, you must disclose any known fact that:
- Materially affects the value of the property, and
- Is not readily observable or already known to the buyer.
That standard is intentionally wide. It can include concealed structural problems, water intrusion, roof defects, significant electrical or plumbing issues, and anything else a reasonable buyer would want to know before signing a contract.
The key word is known. You're not required to hire an inspector to discover defects you genuinely don't know about. But if you know it, you disclose it. Full stop.
What kinds of defects come up most often in Northeast Florida?
In my experience working with sellers across Jacksonville, Nocatee, and Rivertown, the issues that catch people off guard most often are:
- Prior roof leaks, even if repaired
- Water intrusion through windows, doors, or the foundation
- Drainage or stormwater accumulation in the yard or garage
- HVAC or plumbing issues that were patched but not fully resolved
- Unpermitted additions or repairs
- Any recurring moisture or mold history
The fact that you repaired something doesn't mean you don't have to disclose it. If the damage was material and the repair history is not visible to a buyer walking through, it belongs on the disclosure.
What are the flood-disclosure rules when selling a home in Florida?
Selling a home in Florida now carries a specific, statutory obligation to disclose flood history, and the rules got significantly broader as of October 1, 2025. Florida Realtors reported on September 30, 2025 that the expansion added new disclosure items that sellers need to understand before they list.
Under Florida Statutes § 689.302, the statutory flood-disclosure form now asks sellers whether, during their ownership, they have knowledge of:
- Any flooding that damaged the property
- Any flood-insurance claim filed, including claims under the National Flood Insurance Program
- Any assistance received for flood damage, including assistance from FEMA
The statute defines flooding broadly. It includes overflow of inland or tidal waters, unusual or rapid runoff or surface-water accumulation, and sustained standing water caused by rainfall. That definition matters enormously in Jacksonville, where flooding exposure ranges from St. Johns River tidal events to stormwater backup in low-lying neighborhoods to rainfall-driven standing water after a heavy storm.
Flooding is not limited to named hurricanes or federally declared disasters. If your backyard held three feet of standing water for two days after a storm and it caused damage, that's a disclosable event under the statute, regardless of whether it made the news.
When does the flood form have to be delivered?
The flood disclosure must be provided at or before execution of the sales contract. That means before the buyer signs, not at closing. I tell every seller I work with: treat this form like part of your listing package, not your closing package. If you wait until the final week and the buyer learns something they didn't expect, you've created a problem that could unwind the deal or trigger a rescission right.
Does the flood form cover everything I need to disclose about water?
No, and this is one of the most important points I make with sellers. The statutory flood form and the broader Johnson v. Davis duty operate side by side. As confirmed in Smith v. Lynch, a seller may need to disclose a material, hidden condition even if it doesn't fit neatly into one of the form's specific questions.
For example, known concealed moisture damage in a wall cavity, recurring drainage intrusion through a garage slab, or unrepaired structural consequences of a prior flood may all trigger the general disclosure duty even if they don't map cleanly to a flood-form checkbox. When in doubt, disclose. The cost of over-disclosing is almost always lower than the cost of a post-closing dispute.
A quick look at Florida's flood-disclosure timeline
| Disclosure Item | Required Under | When It Must Be Delivered |
|---|---|---|
| Known material defects (structural, plumbing, roof, etc.) | Johnson v. Davis common-law duty | Before or at contract execution |
| Flooding that damaged the property during ownership | Florida Statutes § 689.302 | At or before contract execution |
| Flood-insurance claims filed (including NFIP) | Florida Statutes § 689.302 | At or before contract execution |
| FEMA or other assistance received for flood damage | Florida Statutes § 689.302 | At or before contract execution |
What happens if a Florida seller doesn't disclose a known defect?
The short answer: significant legal exposure. A buyer who discovers a known, undisclosed material defect after closing can pursue claims for fraud, misrepresentation, and rescission. Florida courts have consistently held sellers accountable when they knew about a condition and stayed quiet.
Beyond the legal risk, there's the practical reality. Home inspectors are thorough, and buyers in this market are asking more questions than ever about flood history, especially with the expanded disclosure requirements now in effect. If something comes out during the inspection that you knew about and didn't disclose, you've lost the buyer's trust and likely the deal.
If your property has a complicated history, including disputed damage, repeated flooding, unpermitted repairs, insurance litigation, or an uncertain disclosure history, that's the point where I'd tell you to talk to a Florida real estate attorney before you list. That's not a situation to navigate alone.
What records should Jacksonville sellers pull together before listing?
Before we sit down to price and list your home, I ask sellers to gather anything that documents the property's physical history. Relevant records typically include:
- Insurance claims, including flood and homeowners policies
- Flood-repair invoices and contractor reports
- Permits pulled for any repairs or additions
- FEMA or other disaster-assistance records
- Engineering or inspection reports
- Photographs of any prior damage
- Correspondence about recurring water intrusion or drainage issues
Having these records doesn't hurt you. It protects you. A well-documented repair history shows buyers that issues were identified and addressed, which is far better than leaving gaps that trigger suspicion.
One more thing worth noting for Jacksonville sellers specifically: the FEMA flood-map system and your property's flood-zone designation matter to buyers, lenders, and insurers. The statutory form reminds buyers that standard homeowners' insurance generally does not cover flood damage and directs them to discuss separate flood coverage with their own insurance agent. If your property is in a Special Flood Hazard Area, buyers will need to factor flood-insurance costs into their decision. That's a conversation worth having early, not at the closing table.
The Northeast Florida Association of REALTORS provides resources for buyers and sellers navigating the local market, and the Consumer Financial Protection Bureau has guidance on mortgage and insurance considerations that affect buyers in flood-prone areas.
Frequently Asked Questions (FAQs)
What defects am I legally required to disclose when selling a house in Florida?
You must disclose any known fact that materially affects the property's value and is not readily observable or already known to the buyer. This includes hidden structural problems, water intrusion, roof defects, significant electrical or plumbing issues, and any other condition a reasonable buyer would consider material. The duty comes from Florida's common-law rule in Johnson v. Davis and is not limited to a specific checklist.
Do I have to disclose past flooding if the water never entered the house?
The statutory flood-disclosure form under Florida Statutes Section 689.302 asks whether flooding damaged the property during your ownership, so whether exterior flooding that caused no damage triggers the form depends on the specific facts. However, if flooding caused any property damage, even to landscaping, a fence, or a structure, you should disclose it. When in doubt, err on the side of disclosure and consult a Florida real estate attorney.
Do Florida sellers have to disclose flood-insurance claims or FEMA assistance?
Yes. The expanded flood-disclosure statute, effective October 1, 2025, specifically requires sellers to disclose whether they have filed a flood-insurance claim (including an NFIP claim) or received assistance for flood damage, including FEMA assistance, during their ownership. This applies to all residential real-property sales in Florida, including Duval County.
Does a Jacksonville seller have to disclose storm, hurricane, or tidal flooding?
Yes. Florida's statutory definition of flooding covers overflow of inland or tidal waters, unusual or rapid surface-water accumulation, and sustained standing water from rainfall. It is not limited to named storms or federally declared disasters. A tidal surge from the St. Johns River, stormwater backup in a drainage basin, or rainfall-driven standing water that damaged the property all fall within the disclosure obligation.
Do I have to disclose a repaired roof leak or prior water damage?
Yes, if the damage was material and the repair history is not visible or obvious to a buyer. Florida's Johnson v. Davis duty covers known, hidden, material conditions regardless of whether they were repaired. A repaired roof leak that caused interior damage is the kind of fact a buyer would consider material, and concealing it creates legal exposure even after closing.
When must the Florida flood-disclosure form be given to the buyer?
The flood disclosure must be provided at or before execution of the sales contract, meaning before the buyer signs. It is not a closing document. Sellers should treat it as part of the listing and pre-contract package so there are no surprises once a buyer is ready to move forward.
Get the disclosure conversation right before you list
Selling a home in Florida means understanding your disclosure obligations before the first showing, not after you're already under contract. The combination of Florida's broad common-law duty and the expanded flood-disclosure rules that took effect October 1, 2025 means Jacksonville sellers have more to document and deliver than ever before.
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Call/Text: (904) 599-2125
Email: greg@livinginjacksonvillefl.com
Website: https://www.livinginjacksonvillefl.com/
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About Greg DeTullio, Broker/Owner, Living in Jacksonville FL Team
Greg DeTullio is a Florida-licensed Real Estate Broker and the founder of the Living in Jacksonville FL Team. With a decade of industry expertise, he has successfully managed over 200 closed transactions and earned five-star Google reviews. Greg specializes in Jacksonville relocation services and new construction within St. Johns County, proudly serving Nocatee, SilverLeaf, RiverTown, St. Johns, EverRange, Ponte Vedra Beach, and the surrounding Northeast Florida communities.
Living in Jacksonville FL Team | Phone: (904) 599-2125
Equal Housing Opportunity. Greg DeTullio, FL Real Estate Broker License #BK3332620, is a member of the Northeast Florida Association of Realtors (NEFAR). This article is general information only and does not constitute legal, tax, or financial advice. Confirm your specific costs, tax obligations, and transaction details with your attorney, tax advisor, lender, or closing officer.
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