Is the Seller required to provide a Property Disclosure in Florida?
Short Answer: No.
The property disclosure is intended to assist Sellers in complying with the requirement to disclose all know defects which may affect the value of the property and are not readily observable but there is no law governing the format of this disclosure. The property disclosure were drafted by the Florida Association of Realtors to assist Sellers in complying with this requirement. In fact the base contract has a line in it which the Seller makes the affirmative statement that there are no know defects that have not been disclosed to the Buyer.
It is worth noting that the duty to disclose is also shared by agents of the Seller when acting in a transactional or single agency in Florida. Currently all agents are assumed to be acting as transactional agents unless and until another form of agency (single or none) is entered into.
