Q: Is the seller of a home that has a pending code enforcement action against it required to disclose this fact to a potential buyer?
A: Yes. Pursuant to Sections 125.69 (4)(d) and 162.06 (5), Florida Statutes, the transferor (i.e., the seller) must (a) disclose, in writing, the existence and the nature of the proceeding to the prospective transferee; (b) deliver to the prospective transferee a copy of the pleadings, notices and other materials relating to the code enforcement proceeding received by the transferor; (c) disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding; and (d) file a notice with the code enforcement official of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five days after the date of the transfer.
