Reviewing the Seller's Property Disclosure on a Tampa Bay Luxury Home: What It Must Reveal, Johnson v. Davis Liability, and Red Flags for Buyers

What does Florida's Seller's Property Disclosure have to reveal, and what does Johnson v. Davis require?

Florida's Seller's Property Disclosure is the seller's written statement of known defects that materially affect a home's value — structural and roof issues, water intrusion and drainage, flooding, sinkhole activity, mechanical systems, environmental hazards, and legal or title problems. The form itself is not the whole obligation. Under Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), a seller must disclose any fact that materially affects value, is known to the seller, and isn't readily observable by the buyer — and that duty applies even on an "As Is" contract. The disclosure reflects what the seller knows; it is not a warranty, so the smart move is to read it for what's missing as carefully as for what's checked.

The packet lands in your inbox a day or two after your offer is accepted: a few pages of yes-and-no boxes the seller filled out about the home you're about to buy. On a $2M house in Beach Park or a waterfront property on Davis Islands, it's tempting to skim it and move on to the inspection. Don't. The Seller's Property Disclosure is one of the few documents in the transaction where the seller is on record about what they know — and in Florida, what they knew and didn't tell you can follow them past closing.

Here's how the disclosure actually works, what the law requires behind it, and the specific things I tell buyers to look for before they spend money on inspections.

What the disclosure is — and what it isn't

In a standard Florida resale, the seller completes a Seller's Property Disclosure (the Florida Realtors form, often labeled SPDR), answering a structured list of questions about the property's known condition. It travels with the FR/BAR contract and covers, in broad strokes:

• Structure and roof — foundation, settling, roof age and leaks, prior repairs
• Water and drainage — past or present flooding, standing water, drainage problems, moisture or mold
• Sinkholes — any sinkhole activity, claim, settlement, or remediation, even if repaired
• Systems — electrical, plumbing, HVAC, well, septic, pool and spa equipment
• Environmental — mold, radon, asbestos, lead-based paint, prior chemical use
• Legal and title — boundary or survey disputes, easements, open or expired permits, code violations, liens, and HOA or condominium obligations and assessments

The key thing to understand: this is a disclosure of known facts, not a warranty of condition. A seller is required to tell you what they actually know. They aren't promising the roof is perfect — they're stating whether they're aware of a problem. A long-time owner of a Palma Ceia or Sunset Park home will often know a great deal; an estate or trust selling on behalf of an owner who has passed may genuinely know very little, and the law treats that limited knowledge differently. Either way, the disclosure is a starting point for your own diligence, not a substitute for it.

The rule behind the form: Johnson v. Davis

Florida used to be a caveat emptor — "buyer beware" — state for home sales. That changed in 1985, when the Florida Supreme Court decided Johnson v. Davis. The court held that where a seller of a home knows of facts materially affecting the value of the property that are not readily observable and are not known to the buyer, the seller has a duty to disclose them.

Courts break a Johnson v. Davis claim into four elements. A buyer has to show that:

1. The seller knew of a defect in the property;
2. The defect materially affects the value of the property;
3. The defect was not readily observable and was unknown to the buyer; and
4. The seller failed to disclose

Two points matter enormously for buyers. First, a seller can check "no" on every box and still be liable if they had personal knowledge of a material defect they left off. The form doesn't shield a seller who hides what they know. Second — and this surprises a lot of people — an "As Is" contract does not waive the Johnson v. Davis duty. The FR/BAR "As Is" Residential Contract shifts responsibility for repairs to the buyer, but Florida courts have consistently held that it does not erase the seller's obligation to disclose known, material, hidden defects. If the seller knows the roof leaks, the foundation is cracked, or the home took on water in a storm, they have to say so, As Is or not.

What the disclosure has to cover — including the 2025 flood expansion

A few categories deserve extra attention on a Tampa Bay property, because they're both common here and frequently litigated.

Flooding. Florida's flood disclosure law, F.S. 689.302, took effect October 1, 2025, and the Florida Realtors FD-2 form was revised in September 2025 to match it. Sellers now have to disclose, at or before signing the contract, whether they have knowledge of any flooding that damaged the property during their ownership, whether they've filed a flood-related insurance claim, and whether they've received flood-related assistance — from FEMA or any other source. That last expansion matters across Tampa Bay after Hurricanes Helene and Milton in the fall of 2024, which pushed water into homes from Shore Acres and the Channel District to Bayshore Beautiful and the Pinellas beaches. A property that flooded but where the owner never filed a claim still has to be disclosed under the current rule. I walk through the seller's side of this in detail in my guide to Florida's flood disclosure law and the FD-2 form.

Sinkholes. Florida's limestone geology makes sinkhole activity a material fact. A prior sinkhole claim, an insurance settlement, or completed remediation has to be disclosed even when the repair was successful — it affects insurability and resale, which is exactly why it's material. This comes up more on inland Hillsborough and Pasco properties than on the South Tampa peninsula, but it belongs on your radar anywhere in the metro.

Structure, water intrusion, and systems. Roof condition, past leaks, stucco and moisture intrusion, and aging electrical, plumbing, or HVAC all show up on the form because they drive both value and insurability. What the seller discloses here should line up with what a licensed inspector finds — and where the two diverge, you have a conversation to have. The systems an insurer cares about most are the same ones that anchor a Florida four-point inspection — roof, electrical, plumbing, and HVAC.

Reading it like a buyer: the red flags

When I review a disclosure with a client, I'm reading for what's not there as much as what is. The things that make me slow down:

• Blanks and "no representation." A seller is allowed to answer that they have no knowledge of an item. But a pattern of blanks or "no representation" on questions a long-term owner would reasonably know — roof history, past leaks, flood events — is worth questioning, not ignoring.
• A defect mentioned but not documented. "Roof repaired 2023" with no permit, invoice, or contractor name is an invitation to ask for paperwork. Repairs without records sometimes mean unpermitted work.
• Estate, trust, or investor sales. A personal representative or an owner who never lived in the home may legitimately have limited knowledge, which means the disclosure carries less information — and your independent inspection carries more weight.
• Flood or insurance-claim history. Any "yes" on flooding, water intrusion, or a prior claim deserves a full picture: when, how much, what was repaired, and whether the property now carries a flood policy and at what cost.
• Open or expired permits. Additions, pools, docks, and seawalls that were built or replaced without a closed permit can become your problem after closing. On waterfront in Davis Islands, Harbour Island, or along the Gulf beaches, dock and seawall permitting is a frequent gap.
• Association assessments. On a condo or HOA property, look for pending or special assessments and, in a building three stories or taller, the status of reserves and milestone inspections — disclosure obligations there run through the condominium documents as well as the SPD.

None of these are automatic dealbreakers. They're prompts — places to ask for documentation, widen the inspection, or build a contingency around the answer.

How to verify, and what recourse you have

The disclosure is step one. Your protection is the diligence that follows it.

On the FR/BAR "As Is" contract, you have an inspection period — 15 days by default, though it's negotiable — during which you can cancel for any reason, in your sole discretion, and get your deposit back. Use it to test what the disclosure tells you and to find what it doesn't. (The mechanics of that deposit, and when it's refundable, are in my post on earnest money and the inspection-period free look.) Pull permit history with the county, order the inspections the property warrants, and where the home is older or waterfront, go beyond the general home inspection.

If a serious defect surfaces after closing that the seller knew about and didn't disclose, you're not without options. Buyers in that position can pursue damages, a fraud or misrepresentation claim, or in a strong case, rescission of the sale. The statute of limitations for that kind of nondisclosure or fraud claim generally runs four years from when you discovered, or reasonably should have discovered, the problem. Those cases turn on proving the seller's knowledge, which is why the written disclosure matters so much — it's the seller on the record.

That said, litigation is the expensive way to learn something you could have caught up front. The disclosure, read carefully and paired with the right inspections during your contingency window, is how you avoid the lawsuit in the first place.

Frequently Asked Questions

Does an "As Is" contract mean the seller doesn't have to disclose anything?

No. An "As Is" contract shifts repair responsibility to the buyer, but it does not waive the seller's duty under Johnson v. Davis to disclose known defects that materially affect value and aren't readily observable. A seller who hides a known material problem can still be liable after closing, As Is or not.

Is the Seller's Property Disclosure a guarantee the home has no problems?

No. It's a statement of what the seller actually knows, not a warranty of condition. A seller isn't promising the systems are flawless — only disclosing problems they're aware of. That's why your own inspection during the contingency period is essential.

What happens if a seller lies on the disclosure in Florida?

If a buyer can show the seller knew of a material defect, it wasn't readily observable, and they failed to disclose it, the buyer may pursue damages, a fraud or misrepresentation claim, or rescission. These claims generally must be brought within four years of discovering the defect.

What changed in Florida's flood disclosure rules in 2025?

Effective October 1, 2025, sellers must disclose any flooding that damaged the property during their ownership, any flood-related insurance claim, and any flood assistance received from FEMA or another source. The Florida Realtors FD-2 form was updated in September 2025 to capture those answers — a meaningful change for Tampa Bay homes affected by Helene and Milton.

Who fills out the disclosure when a home is sold by an estate or trust?

A personal representative or trustee completes it, but often with limited firsthand knowledge of the property's history. That doesn't remove the disclosure duty, but it does mean the form may contain less information — so an independent inspection and permit search carry more weight in those sales.

If you're weighing a purchase in Tampa Bay — South Tampa, the waterfront, or a downtown condo — a direct conversation usually clears more up than another search. I can review a seller's disclosure with you and flag what's worth a closer look before your inspection period starts ticking.

About Shane Vanderson

Shane Vanderson is a License Partner and Broker Associate with Engel & Völkers South Tampa, licensed in Florida since 2012 and representing buyers and sellers across Tampa Bay's high-end market. He specializes in South Tampa, Harbour Island, Hyde Park, Davis Islands, Downtown Tampa waterfront, and luxury condominiums, and holds membership in Engel & Völkers' Professional Athlete Advisory. Connect with Shane at shanevanderson.com or 813-205-5430.