Florida law requires sellers to disclose all known material facts that affect a property’s value and aren’t readily observable — including flood history, sinkhole activity, insurance claims, HOA obligations, and structural defects.

What Florida Sellers Must Disclose Before Listing a Luxury Home

If you’re preparing to sell a luxury home in South Tampa, St Petersburg, or Clearwater, the disclosure process deserves as much attention as pricing and staging. Florida’s disclosure requirements are rooted in case law, reinforced by statute, and carry real legal consequences if you get them wrong.

The obligation comes from a 1985 Florida Supreme Court ruling — Johnson v. Davis — which established that sellers must affirmatively disclose all known facts that materially affect property value, as long as those facts aren’t readily observable and aren’t already known to the buyer. That standard applies whether your home is listed at $600,000 or $6 million.

Here’s what you’re required to disclose, what luxury sellers commonly overlook, and how to protect yourself.

The Legal Foundation: Why Florida Disclosure Matters

Florida is not a “caveat emptor” state when it comes to residential real estate. The Johnson v. Davis ruling replaced the old “buyer beware” standard with an affirmative duty to disclose. That means silence isn’t an option if you know about a problem.

Florida Statute § 475.278 reinforces this by requiring your real estate agent to disclose all known material facts as well. If something could influence a buyer’s decision or the price they’d offer, and it’s not visible during a walkthrough, you need to disclose it.

What You Must Disclose as a Florida Seller

There’s no single mandatory statewide form, though most agents use the Florida Realtors Seller’s Disclosure form to document everything in writing. Here’s what falls under your disclosure obligation.

Structural and Material Defects

You’re required to disclose any known defects in the roof, foundation, plumbing, electrical systems, HVAC, or other structural components. For luxury homes in South Tampa — many of which were built in the 1920s through 1960s — this can include issues like aging cast iron plumbing, galvanized pipes, or outdated electrical panels that haven’t been upgraded.

If you’ve had repairs done, disclose those as well. A roof replacement, foundation work, or major plumbing overhaul is information a buyer needs — and withholding it creates liability.

Flood History and the FD-2 Disclosure Form

As of October 1, 2024, Florida Statute § 689.302 requires sellers to complete a standalone flood disclosure form — separate from the sales contract — and deliver it to the buyer at or before contract execution.

The current version, the FD-2 (updated in September 2025), requires you to disclose whether the property is in a flood zone, whether you’ve filed flood insurance claims, and whether flooding has damaged the property during your ownership — even if no insurance claim was filed.

For waterfront properties along Bayshore Boulevard, Davis Islands, and Harbour Island, this disclosure is especially critical. Buyers and their lenders will scrutinize flood history closely, and failing to disclose known flooding can expose you to legal action after closing.

Sinkhole Activity

Florida’s geology makes sinkhole disclosure a statutory requirement. If you know about past sinkhole activity, testing, or repairs on your property, you must disclose that information. This applies even if the sinkhole was professionally remediated.

While sinkhole activity is less common in coastal South Tampa than in parts of Hillsborough County farther north, it’s still a required disclosure statewide.

Chinese Drywall and Radon Gas

If your home was built or renovated between roughly 2001 and 2009, you may need to disclose the presence of defective drywall imported during that period. Most luxury homes in South Tampa from that era have been tested or remediated, but the disclosure obligation remains if the issue was ever present. Separately, Florida statute requires a radon gas disclosure statement in every residential sales contract.

Lead-Based Paint (Pre-1978 Homes)

If your home was built before 1978, federal law requires you to disclose any known lead-based paint or lead-based paint hazards and provide the buyer with an EPA-approved information pamphlet. Many of South Tampa’s most desirable homes — particularly in Palma Ceia, Hyde Park, and the Bayshore corridor — fall into this category.

HOA and CDD Obligations

If your property is subject to a homeowners association, condominium association, or Community Development District (CDD), you’re required to disclose that fact along with the associated fees, rules, and governing documents. For condo sellers on Harbour Island or in Downtown Tampa, this includes providing the association’s financials, insurance policies, and any pending special assessments.

Buyers have a statutory right to review these documents and can cancel within a defined period if they’re unsatisfied.

Insurance Claims

Any insurance claims you’ve filed — particularly for water damage, wind damage, or mold — should be disclosed. Buyers often run a CLUE (Comprehensive Loss Underwriting Exchange) report that tracks claims history. If your disclosure doesn’t match, it raises red flags and creates legal exposure.

What Luxury Sellers Commonly Overlook

In higher-value transactions, the disclosure stakes are proportionally higher. Here are issues that South Tampa and Tampa Bay luxury sellers frequently underestimate.

Pool and Seawall Conditions

If you know your pool has structural cracks, a history of leaks, or equipment issues, those are material facts. The same applies to seawalls — if you’ve had a seawall inspected, repaired, or if you know it’s approaching the end of its useful life, disclose it. Waterfront properties on Davis Islands and along Bayshore Boulevard often involve six-figure seawall replacement costs, so this isn’t a minor detail.

Unpermitted Work

Additions, enclosed patios, converted garages, or other improvements done without proper permits are a significant disclosure item. In South Tampa, where older homes have often been renovated multiple times over decades, unpermitted work is more common than many sellers realize. If you know about it, disclose it. If you’re uncertain, it’s worth pulling your property’s permit history from the City of Tampa before listing.

Past Pest or Termite Issues

Termite damage and treatment history should be disclosed even if the issue was resolved. Florida’s climate makes termite activity a recurring concern, and luxury buyers expect transparency.

“As-Is” Sales Don’t Eliminate Disclosure

A common misconception among sellers is that listing a property “as-is” removes the obligation to disclose. It does not. An as-is clause means you aren’t agreeing to make repairs — but it doesn’t give you permission to withhold known material facts. Florida courts have been clear on this point: disclosure obligations exist regardless of the contract terms.

How to Protect Yourself as a Seller

The best approach is straightforward: disclose everything you know, document it in writing, and work with an experienced agent who understands how to present disclosures professionally without undermining your negotiating position.

Before listing your South Tampa luxury home, pull your property’s permit history from the City of Tampa, review your insurance claims history, and gather documentation of any major repairs. If your home is waterfront, know your seawall’s current condition. Complete the Florida Realtors Seller’s Disclosure form thoroughly — vague or incomplete answers create more risk than honest ones.

Sophisticated buyers expect transparency, and a thorough disclosure package builds confidence rather than doubt.

Frequently Asked Questions

Does Florida require a specific seller disclosure form?

Florida does not mandate a single statewide disclosure form for general property conditions, but the Florida Realtors Seller’s Disclosure form is widely used and recommended. However, the flood disclosure (FD-2 form) is separately required by statute and must be delivered as a standalone document at or before contract execution.

Can I be sued after closing if I didn’t disclose something?

Yes. If a buyer discovers a material defect you knew about and failed to disclose, they can pursue legal action even after the sale closes. Under the Johnson v. Davis standard, your duty to disclose known material facts doesn’t end at the closing table. This is why thorough, written documentation of all disclosures is essential.

What’s the difference between disclosure and inspection?

Disclosure covers what you already know about the property. An inspection is what the buyer hires a professional to discover independently. Your obligation is limited to facts within your knowledge — you’re not expected to test for issues you have no reason to suspect. However, you can’t claim ignorance of conditions a reasonable homeowner would have noticed.

Shane Vanderson is a License Partner and Broker Associate with Engel & Völkers South Tampa, specializing in luxury residential real estate throughout Tampa Bay including Tampa, St. Petersburg, and Clearwater. If you’re preparing to list your home and want to ensure your disclosure package is thorough and professionally managed, visit shanevanderson.com or call/text 813-205-5430.