If I Sell My House As-Is in Florida, What Do I Still Have to Disclose?

No. The rule comes from Johnson v. Davis, a 1985 Florida Supreme Court decision: “where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer.” The sellers in that case knew about roof problems, and the court held that the buyers were entitled to their deposits back.

Florida’s appeals courts have applied that rule to as-is contracts. The Fourth District, which hears appeals from Broward and Palm Beach counties, wrote in Solorzano v. First Union Mortgage Corp. (2005) that an “as is” clause in a home sale contract “does not waive the duty imposed upon a seller under Johnson.” The Third District, which covers Miami-Dade, wrote in Levy v. Creative Construction Services of Broward (1990): “we discern no ‘as is’ contractual exception.”

The duty has limits. It turns on what you actually know, and Johnson does not tell a seller to go looking for problems. It reaches hidden facts the buyer does not already know, and courts have limited it to non-commercial sales. A false answer is a separate risk: the Johnson court treated the sellers’ statements about the roof as fraud. Our page on selling a house as-is in Florida explains how as-is works, and our guide to the Florida AS IS contract goes through the standard form.

Section 689.302 of the Florida Statutes says a seller “must complete and provide a flood disclosure to a purchaser of residential real property at or before the time the sales contract is executed.” It has no exception for as-is or cash sales, and a 2025 Senate staff analysis says it applies to condo and co-op resales too.

The first version, effective October 1, 2024, asked two questions: whether you filed a flood insurance claim and whether you received federal flood assistance. Chapter 2025-166, effective October 1, 2025, added a new first question and deleted the word “federal.”

The form now asks three things. First, whether you know of “any flooding that has damaged the property during Seller’s ownership of the property.” That reaches damage you fixed yourself and never reported to an insurer. Second, whether you filed a flood damage claim with an insurance provider, including the National Flood Insurance Program. Third, whether you received assistance for flood damage, including from FEMA. The Senate analysis says dropping “federal” brings in state, local and private assistance.

The form defines flooding as partial or complete inundation from the overflow of inland or tidal waters, unusual and rapid runoff or surface water from an established source such as a river or drainage ditch, or sustained standing water from rainfall. Read plainly, that is water arriving from outside. A burst pipe does not fit those words, though it can still be a Johnson fact. If it is a close call, ask your attorney before you check a box.

The first question covers only your own ownership, so an heir answers for the time they have owned the house, although older flooding they know about may still matter under Johnson. The section states no penalty or right to cancel, but it does say “must.”

Radon. Section 404.056(5) requires a notice “on at least one document, form, or application executed at the time of, or prior to, contract for sale and purchase of any building.” The statute fixes the wording, which begins “RADON GAS: Radon is a naturally occurring radioactive gas.” The subsection requires the notice, not a radon test.

Property tax. Under section 689.261, a buyer of residential property must get a disclosure summary at or before signing. It warns the buyer not to rely on your current taxes, because a change of ownership or improvements can trigger a reassessment. If the contract does not include it, a separate summary must be attached and the contract must refer to it.

Energy rating. Section 553.996 says a buyer of real property with a building must be given information, at or before signing, that notifies the buyer “of the option for an energy-efficiency rating on the building.”

A standard form may already carry these. A short contract from an individual buyer may not, so check that each one is there.

Federal law (42 U.S.C. 4852d) and the EPA rule at 40 CFR Part 745 apply to most housing built before 1978, as-is or not. For sales, the only listed exception is a foreclosure sale. Housing for the elderly or people with disabilities and 0-bedroom units such as studios are outside the definition, unless a child under 6 lives or is expected to live there.

Before the buyer is bound by a contract, you must give an EPA-approved pamphlet such as Protect Your Family From Lead in Your Home, disclose any known lead-based paint or hazards, and hand over any reports you have. You must also allow a 10-day period for a lead inspection or risk assessment. The two of you can agree in writing on a different period, and the buyer can waive it in writing.

The contract needs a lead attachment with the federal warning statement, your statement of what you know, a list of reports and signatures. Keep a copy for at least 3 years after the sale. You do not have to test for lead or remove it: the rule says it implies no “positive obligation on the seller or lessor to conduct any evaluation or reduction activities.” But a person who knowingly violates it can owe the buyer 3 times their damages and can face civil penalties.

HOA. If a buyer must join a homeowners’ association, section 720.401 requires a disclosure summary before the contract is signed, and a seller who is not the developer supplies it. The contract must refer to it and include a set clause. If the buyer does not get it before signing, the buyer can void the contract by written notice within 3 days after receiving it or before closing, whichever comes first. That right cannot be waived and ends at closing.

Condo. Under section 718.503(2), a resale buyer under contract is entitled, at your expense, to current copies of the declaration, articles of incorporation, bylaws and rules, the annual financial statement and budget, and the “Frequently Asked Questions and Answers” document. Where they apply, the buyer also gets the milestone inspection summary and any turnover inspection report. The buyer also gets the latest structural integrity reserve study or a statement that none was completed, and a governance form.

The contract must also carry statutory clauses. Either the buyer acknowledges getting the main documents more than 7 days before signing, not counting Saturdays, Sundays and legal holidays, or the buyer can cancel within 7 such days after signing and receiving them. That right cannot be waived and ends at closing. The contract must also say whether the association has completed, or is required to have, a milestone inspection or reserve study. A buyer can void a nonconforming contract before closing. Co-ops have a similar section, 719.503.

These documents come from the association, so start early. Our estoppel certificate guide covers the separate statement of amounts owed, and our guide to Miami-Dade and Broward recertification covers older buildings.

None of the statutes above has a mold form. Mold and most water damage fall under Johnson v. Davis, plus the flood form when the water fits its definition. For each item, ask: Do I know about it? Could it materially affect value? Would a buyer miss it on a walk-through?

Mold. Any you know about, including behind walls or in an air handler, plus test results and cleanup invoices. Florida licenses mold assessors and remediators through DBPR, so keep any licensed assessor’s report.

Roof and plumbing leaks. Active or past leaks, stains you painted over, burst pipes and slab leaks, with the cause and who fixed them. Johnson itself was a roof case.

Sewer line. Section 689.301 requires you to disclose, before signing, any known defects in the sanitary sewer lateral, the private pipe connecting the property to the main sewer line.

Storm water. Water that came in during a hurricane or heavy rain, even if you never filed a claim. Check it against the flood form’s definition too.

Repairs. A fixed problem is not automatically off the list. It can still matter if the repair was partial or the problem could return. Listing the problem and the fix, with the invoice, records what you knew and what was done.

Other hidden conditions. The test is not limited to water. Johnson cited cases about termites and soil defects, and Solorzano involved housing code fines.

A written disclosure also protects you. Johnson reaches only facts “not known to the buyer,” so a dated, signed record shows what the buyer was told.

Open code case. If you transfer the property after the initial pleading was served and before the hearing, section 162.06(5) requires you to disclose the case in writing, give the buyer the papers, and state in writing that the new owner must comply. You must also file a notice with the code official within 5 days after the transfer. Skipping the buyer disclosures creates a rebuttable presumption of fraud. Our guide to code violations and liens in Broward has the local process.

Qualifying improvement assessment, often called PACE. If your property has one with an unpaid balance, section 163.081(8) requires a written statement at or before signing. Miami-Dade’s Property Appraiser says these can appear on the TRIM notice and tax bill as a non-ad valorem assessment, so check yours.

Coastal property. If any part of the property is seaward of the coastal construction control line, section 161.57 requires a written statement at or before signing, and an affidavit or survey showing the line at or before closing unless the buyer waives it in writing.

Paid sinkhole claim. Under section 627.7073(2)(c), a seller whose sinkhole claim was paid must disclose, before closing, that the claim was paid and whether the full proceeds went to repairing the damage.

Section 689.25 says the fact that a property was the site of a homicide, suicide or death “is not a material fact that must be disclosed in a real estate transaction.” The same goes for an occupant’s HIV or AIDS diagnosis, and the statute bars a lawsuit for failing to disclose these facts. It does not say you may answer a direct question falsely.

Problems a buyer can plainly see or already knows about fall outside Johnson, but that line can be hard to draw. In Nelson v. Wiggs (1997), the Third District found no duty to disclose seasonal flooding in Miami-Dade’s East Everglades, because the buyers could have learned of it through “diligent attention.” A Senate analysis notes that appeals courts have split on whether a tendency to flood is readily observable. That case also came before the flood form, which asks the question directly and has no “readily observable” exception in its wording.

None of these rules requires you to repair what you disclose.

Flood zones. The form does not ask about your flood zone, but a buyer may check it. Miami-Dade County has an interactive flood zone tool and a confirmation line at 305-372-6466. Broward County’s flood map page links to the current FEMA maps and lists a phone number for them, 954-519-1206. Palm Beach County says updated FEMA maps took effect December 20, 2024 and added thousands of residents in its eastern region to high-risk flood zones.

Coastal line. The Florida Department of Environmental Protection says the line is set in 25 coastal counties, and its records include Broward, Miami-Dade and Palm Beach. Its Map Direct tool shows the line in solid red.

A cash sale does not change any of this. The same notices and the same Johnson duty apply whether you list with an agent or sell to a direct buyer, so disclosure alone is not a reason to sell for cash. If the house is in fair shape and you have time, a listing may net you more. A cash sale fits better when the disclosure list reads like a repair bill you do not want to pay or wait on.

Florida Cash For Home is based in Hollywood and buys as-is across South Florida, including homes in Broward County and Miami-Dade County. We give a written offer within 24 hours of the walkthrough and can close in about 10 days when title is clear, or later if you prefer, with no seller commissions or closing costs, in English or Spanish. We do not give legal advice.