Florida Disclosure

# Florida Disclosure Requirements Exam: Florida Real Estate Salesperson Last Updated: 2026-06-29 (content_version: 2 — statute-grounded enrichment) --- ## Overview of Disclosure Duties in Florida Florida imposes multiple layers of disclosure obligations on sellers and their agents. These duties are grounded in case law, statute, and federal law. A failure to disclose can result in rescission of the contract, civil liability, and license discipline. Florida's disclosure framework distinguishes between: - Material defects — the primary obligation (from *Johnson v. Davis*) - Statutory disclosures — specific items required by Florida and federal law - Seller's disclosure form — voluntary but widely used in practice --- ## Johnson v. Davis — The Foundation of Florida Disclosure Law The landmark Florida Supreme Court case Johnson v. Davis (1985) established the standard for seller disclosure. ### Holding > A seller of a home must disclose to a buyer any facts or conditions known to the seller that: > 1. Materially affect the value of the property, AND > 2. Are not readily observable by the buyer, AND > 3. Are not known to the buyer ### Significance - This duty applies to latent defects — defects that are hidden and not visible on reasonable inspection - The duty also applies to the seller's agent — the listing agent who knows of a material defect must disclose it - A seller cannot conceal a known defect by painting over it, papering over it, or otherwise…