The Legal Duty Florida Sellers Cannot Ignore
If you are preparing to sell a home in Daytona Beach, Port Orange, Ormond Beach, New Smyrna Beach, Palm Coast, or anywhere else in Volusia County, you carry a legal obligation that runs alongside your listing price and your closing timeline: the duty to disclose. Florida law does not let sellers stay silent about problems they know exist — and misunderstanding that duty can expose you to costly litigation long after the closing table is cleared.
The foundational rule comes from the Florida Supreme Court's landmark 1985 decision, Johnson v. Davis, 480 So. 2d 625 (Fla. 1985). That case established a three-part test that still governs every residential sale in Florida today. A seller must disclose a fact when: (1) the fact materially affects the property's value or desirability; (2) the seller has actual knowledge of it; and (3) the fact is not readily observable by the buyer on a reasonable inspection. If all three elements are present, disclosure is not optional — it is a legal requirement.
The As-Is Contract Does Not Protect You
One of the most persistent myths in Florida real estate is that selling a property "as is" relieves the seller of disclosure obligations. It does not. An as-is clause shifts repair negotiation, not knowledge. Under Johnson v. Davis, a seller who knows about a hidden defect and says nothing has committed fraudulent concealment — regardless of what the contract says. Sellers in DeLand, Deltona, and Palm Coast who believe an as-is addendum is a legal shield need to understand: it is not.
What Florida Law Specifically Requires You to Disclose
While Florida does not mandate a single statutory disclosure form for all transactions, case law and specific statutes create a clear disclosure framework. The Florida REALTORS® Seller's Property Disclosure form is widely used and serves as a practical guide. Here is what the law addresses category by category:
- Structural and Latent Defects: Any known defect that is hidden from ordinary observation must be disclosed. This includes roof leaks — even a single past leak — foundation issues, mold, plumbing failures, and electrical problems. If you know it exists and a buyer cannot see it walking through the front door, disclose it.
- Radon Gas: Florida has one of the highest concentrations of naturally occurring radon in the Southeast. Known radon conditions must be disclosed, and buyers must be informed of radon risks as a matter of standard practice.
- Flood History and Flood Disclosure: Effective January 1, 2024, Florida §689.302 requires sellers of residential property to provide buyers with a written disclosure of any actual flood damage the property has sustained, any flood insurance claims filed, and whether the property has ever been designated as repetitive loss property by FEMA. For waterfront and low-lying properties throughout Volusia County — from beachside Daytona to the St. Johns River corridor west of DeLand — this disclosure is particularly significant and must be handled carefully.
- Property Tax Disclosure (§689.261): Before or at the time of contract execution, sellers must provide a disclosure summary advising the buyer that property taxes may change upon sale. The buyer cannot assume the seller's tax bill will carry forward — assessed values are often reset at the time of transfer, and buyers deserve accurate expectations about their carrying costs.
- HOA Membership (§720.401): If the property is subject to a mandatory homeowners' association, the seller must disclose that fact before the contract is signed. This applies to countless communities across Port Orange, Ormond Beach, and Palm Coast. The buyer must be advised of the obligation to pay assessments, and the HOA's governing documents must be made available.
- Condominium Disclosures (§718.503): Sellers of condominium units face additional requirements. The buyer must receive the declaration of condominium, the bylaws, the rules and regulations, and a financial summary of the association's budget and reserves. These documents give the buyer a realistic picture of association health — a critical factor given the rising scrutiny of condo association reserves across Florida following the Surfside tragedy.
- Known Environmental Hazards: Lead-based paint disclosures are federally required for homes built before 1978 under the Residential Lead-Based Paint Hazard Reduction Act. Sellers must provide the EPA-approved disclosure form and a ten-day inspection opportunity. This applies to a substantial portion of the older housing stock in historic neighborhoods throughout Daytona Beach and DeLand.
What You Are NOT Required to Disclose
Florida law also recognizes certain protected disclosures under §689.25. Sellers are not required to disclose that a property was the site of a homicide, suicide, or death, nor that a former occupant had HIV or AIDS. These facts are expressly excluded from the disclosure obligation as a matter of public policy. Similarly, a property's proximity to a registered sex offender is not a required seller disclosure — though buyers have independent access to the Florida Sex Offender Registry.
Pricing Strategy and Disclosure: Two Sides of the Same Coin
Smart sellers in today's Volusia County market understand that disclosure is not just a legal obligation — it is a pricing strategy. A seller who proactively discloses known issues and adjusts the list price accordingly avoids the far costlier scenario of a post-closing lawsuit, a buyer-demanded price reduction during contract renegotiation, or a deal that falls apart entirely after inspection. Transparency, priced correctly, moves property. Concealment, discovered late, kills deals and generates litigation.
In a market where buyers are increasingly represented by experienced agents and attorneys of their own, the assumption that problems will go unnoticed is simply not realistic. Whether you are selling a beachside condominium in Daytona Beach Shores, a riverfront home in Edgewater, or a single-family residence in a Palm Coast HOA community, the disclosure standards are the same — and the consequences of noncompliance are real.
Work With an Attorney-Broker Who Knows Both Sides of the Law
Florida seller disclosure law sits at the intersection of real estate practice and civil liability. Getting it right requires someone who understands both. Arthur Simpson, Esq., CIPS, is a Florida-licensed attorney and the broker of Realty Pros Assured, serving sellers throughout Daytona Beach, Volusia County, and Flagler County. Through his affiliated firm, Truestead Law, LLC, Arthur brings legal precision to every transaction — helping sellers meet their disclosure obligations fully, price strategically, and close with confidence.
If you are preparing to list your home and want to understand exactly what you are required to disclose — and how to position your property competitively in light of those disclosures — contact Arthur Simpson directly at arthursimpson.com. One conversation with an attorney-broker can protect you from years of avoidable liability.