What Miami Sellers Must Disclose Before Listing: Florida's Disclosure Rules, Explained

Written By Lynley Ciorobea

What must Florida home sellers disclose to buyers?

Florida law requires sellers to disclose all known facts that materially affect the value of a home and are not readily visible to the buyer -- regardless of whether the property is being sold as-is. Required disclosures include roof history, water damage, mold, infestations, unpermitted work, code enforcement actions, and flood history. Florida also now mandates a separate Flood Disclosure form (FD-1) before contract execution. Selling as-is eliminates your repair obligations; it does not eliminate your disclosure obligations.

By Lynley Ciorobea | May 1, 2026

One of the most persistent misunderstandings I hear from sellers in Coral Gables, Pinecrest, and South Miami is this: "We're selling as-is, so we don't need to worry about the disclosure form."That's not how it works in Florida -- and the difference matters, because getting it wrong can expose you to post-closing litigation long after you've moved on.

This guide walks through exactly what Florida law requires you to disclose, what you're genuinely not required to share, and where Miami-Dade's specific conditions -- flood zones, pre-1978 homes, older construction -- make this more nuanced than sellers in other markets face.

Florida's Disclosure Rule: What the Law Actually Says

Florida operates under a standard set by the Florida Supreme Court known as the Johnson v. Davis rule. The obligation is this: sellers must disclose all known facts that materially affect the value of the property and are not readily observable to the buyer.

"Readily observable" is the key phrase. If a buyer can see an issue during a standard walkthrough -- peeling paint, visible water stains on the ceiling, a broken window -- you don't need to name it explicitly. But if it's hidden, whether behind walls, under flooring, in the attic, or otherwise not visible to the eye, and you know about it, you need to disclose it.

A few important notes on how this works in practice:

  • Disclosure can technically be made verbally, but written is strongly recommended. A signed form creates a paper trail that protects you.

  • Florida doesn't require a specific standardized form, but the Florida Realtors / Florida Bar seller's disclosure form is widely used and covers the primary categories.

  • The obligation applies whether you use a form or not. Choosing not to fill one out doesn't eliminate the legal duty.

What specifically needs to be disclosed?

Here's what Florida sellers are required to disclose when they have actual knowledge of it:

  • Roof issues -- past leaks count, even if repaired years ago. Note the dates, the nature of the repair, and who did the work.

  • Water damage and flooding history -- any past flooding inside the home, water intrusion through windows or doors, or significant moisture damage.

  • Mold -- current or prior, including mold that was remediated. If you have documentation of the remediation, keep it handy.

  • Infestations -- termites, rodents, or other pests, past or present, including any treatment history.

  • Unpermitted work -- additions, garage conversions, enclosures, structural modifications, or renovations done without pulling permits. This is common in older homes in Coral Gables and Pinecrest, and it's specifically addressed on the disclosure form.

  • Code enforcement actions -- if there's an open or pending municipal code violation or proceeding against the property, it must be disclosed in writing.

  • Flood Disclosure (FD-1) -- Florida now requires a separate Flood Disclosure form to be provided at or before contract execution. This is its own document, separate from the general property condition disclosure.

  • Lead-based paint -- if your home was built before 1978, federal law requires you to provide buyers with the EPA's lead paint pamphlet and disclose any known lead hazards. This applies to a meaningful share of homes in Coral Gables, Coconut Grove, and parts of Pinecrest where historic and mid-century construction is common.

Selling As-Is Doesn't Change What You Have to Say

This point needs to be stated plainly, because it comes up in nearly every seller conversation I have.

When sellers accept an as-is offer using the standard Florida FR/BAR As-Is contract, they're agreeing to a specific trade: the buyer has a window (typically 7 to 15 days) to conduct inspections and cancel the contract for any reason at all. In exchange, the seller is not obligated to repair anything the buyer finds.

Here's what "as-is" does:

  • Eliminates your obligation to fix items the buyer identifies during the inspection period

  • Gives the buyer the right to cancel during that inspection window for any reason, no explanation required

Here's what "as-is" does NOT do:

  • Release you from disclosing known material defects before and at the time of contract

  • Protect you from post-closing claims if you concealed something you had knowledge of

  • Function as a blanket legal shield against disclosure obligations

Florida courts have consistently held that sellers who failed to disclose known latent defects can face liability after closing, even in as-is transactions. "I didn't know" is a valid defense -- but only if it's actually true.

The practical takeaway: fill out the disclosure form completely and honestly before you list. If there's anything you're uncertain about -- a repair done years ago, a water issue you believed was resolved, work done by a prior owner -- talk it through with your listing agent and attorney before deciding what goes on the form.

I walk every seller I work with through the disclosure form before we go to market. It's one of the most important conversations in the pre-listing process, and it's worth doing carefully.

What You Are Not Required to Disclose in Florida

There are things Florida law explicitly does not require you to reveal. Knowing them can help you approach the disclosure process with less anxiety:

  • Deaths on the property -- homicides, suicides, or natural deaths that occurred in the home do not need to be disclosed under Florida law.

  • HIV/AIDS -- prior or current occupants who had HIV or AIDS are not a disclosable fact.

  • Stigmatized property history -- prior criminal activity, reputational issues, or anything that falls into the category of stigma rather than physical condition is generally not required.

Florida is more seller-friendly on this category than many other states. These exemptions reflect a clear legislative intent: the disclosure obligation is about the physical condition of the property and its material value -- not its full history in every sense.

Where This Gets Miami-Specific

A few conditions in Miami-Dade make this topic more relevant here than in most markets:

Flood zones. Miami-Dade has a high concentration of FEMA flood zone designations, and Florida's new FD-1 Flood Disclosure form is now mandatory before contract. If your home has ever had water intrusion related to storm surge, heavy rainfall, or drainage failures, it needs to be on the disclosure. If the property sits in a designated flood zone, a buyer's lender will discover that independently -- but any personal flood history inside the home needs to come from you.

Pre-1978 construction. A significant number of homes in Coral Gables, Coconut Grove, and older parts of Pinecrest were built before 1978. The federal lead-based paint disclosure requirement applies to all of them, regardless of how extensively the home has been updated. This isn't optional and it's not affected by how much renovation has occurred since original construction.

Permit history. Miami's older housing stock -- the character homes in High Pines, Ponce Davis, the Gables' historic streets -- has often been renovated over the decades, not always with permits pulled. If you know of improvements made without permits, they go on the form. If you're not certain, that's exactly the kind of conversation to have before you list, not after.

HOA communities. If your property is subject to a homeowners association, there are separate disclosure requirements under Florida law, including a disclosure summary that must be provided before the contract is signed. Buyers have a three-day right to cancel after receiving it. Condo sellers have additional obligations under Florida's post-Surfside legislation that I'll cover in a separate post -- the condo market in Miami is navigating a genuinely different set of considerations right now.

If you're preparing to sell in Coral Gables, South Miami, Pinecrest, Coconut Grove, or Palmetto Bay and want to walk through the disclosure form before anything else, reach out -- that pre-listing conversation is one I have with every seller I work with, and it's worth having early.

Frequently Asked Questions

Do I have to disclose if my house flooded before I owned it?

If you don't have personal knowledge of flooding that occurred before you owned the home, you can only disclose what you know. However, if prior flooding was disclosed to you at purchase, appears in any records, or is visible in any way, it's safest to note it. Florida's FD-1 Flood Disclosure form asks specifically about flood events, and your real estate attorney can help you determine what belongs on it.

If I'm selling my Miami home as-is, do I still need to fill out the seller disclosure form?

Yes. Selling as-is under the Florida FR/BAR As-Is contract eliminates your obligation to make repairs after inspection -- it does not eliminate your obligation to disclose known material defects. Florida courts have consistently held that sellers of as-is properties are still required to reveal latent defects they have actual knowledge of before closing.

What happens if I forget to disclose something I knew about?

If a buyer can demonstrate that you had actual knowledge of a material defect and failed to disclose it, you can face liability after closing -- even in an as-is transaction. The most common post-closing claims involve fraud or misrepresentation. Thorough, honest disclosure before you list is the strongest legal protection available to Florida sellers.

Does a prior termite treatment need to be disclosed when selling in Florida?

Yes. Florida requires disclosure of past infestations and any treatments. The standard seller disclosure form specifically addresses wood-destroying organisms. Include the date of treatment and any documentation you have -- a WDO report or treatment record from a licensed pest control company is helpful to have ready.

When does the seller disclosure form need to be given to the buyer?

The seller's property disclosure is typically provided to buyers before or at contract execution. Florida's FD-1 Flood Disclosure is required specifically at or before contract execution. If your property is in a homeowners association, the HOA Disclosure Summary must be provided before the contract is signed, with buyers having a three-day right to cancel after receipt.

Florida's disclosure rules are designed to protect buyers -- but when applied honestly and completely, they protect sellers too. A clearly documented disclosure record makes it significantly harder for a buyer to come back after closing with claims of concealment.

Before you list, the disclosure form is worth going through carefully, and ideally before your home hits the market rather than after. If you're preparing to sell a home in Coral Gables, South Miami, Pinecrest, Coconut Grove, or Palmetto Bay, reach out -- I walk through pre-listing preparation with every seller I work with, and this conversation is always part of it.

You may also find these useful as you prepare:

Doc Stamps: How it works in Miami-Dade County

Florida's documentary stamp tax (commonly called doc stamps) is a transfer tax on the deed. Statewide, the base rate is $0.70 per $100 of purchase price. Miami-Dade is slightly different even on the base rate: it's $0.60 per $100 for single-family homes.

But the real distinction is the Miami-Dade surtax, and it affects sellers of condos, townhomes, duplexes, and multi-family properties directly.

Here's how it breaks down:

  • Properties in Miami-Dade: $0.60 per $100 = 0.60%

  • Properties in the rest of Florida: $0.70 per $100 = 0.70%

What Sellers Pay at Closing in Miami-Dade

With title insurance typically on the buyer's side and doc stamps on the seller’s side, here's what sellers in Miami-Dade generally pay at closing:

  • Real estate commission remains the largest closing cost for most sellers. How buyer's agent compensation works has shifted since August 2024 - sellers are no longer automatically required to pay buyer's agent fees via the MLS - but almost all sellers in this market still offer compensation strategically to attract a broader, more competitive buyer pool. In fact, since the law took place, I have never had a seller NOT offer compensation to the buyer’s agent. 

  • Doc stamps on the deed at $0.60 per $100. 

  • Attorney or settlement fees for your side of the closing. Florida is not an attorney-required state, but I recommend using a real estate attorney for Miami-Dade closings- the layer of legal oversight is worth it, and the cost is generally comparable to using a title company alone. Budget $1,000 to $2,000 for this.

  • Prorated property taxes, payable through closing day.

  • HOA/Condo association estoppel letters, outstanding liens, HOA balances, or levied special assessments, which must be cleared at closing from sale proceeds.

  • Any seller concessions negotiated in the contract- repair credits, closing cost assistance, or buyer agent compensation.

For a full picture of total seller costs in Miami and how these line items add up to your net proceeds, see How Much Will It Cost Me to Sell My Miami Home?

Why Understanding This Before You List Matters

These closing cost customs aren't just details to hand off to your attorney. They shape how you model your net, how you respond to offers, and how you approach negotiating.

A buyer coming in from New York may push back on covering title insurance, not realizing that's standard in Miami-Dade. An offer with "buyer pays all closing costs" language needs to be read carefully to understand what's actually included.

This is the kind of detail that doesn't show up in a Zillow estimate or a national home-selling guide. It shows up at the negotiating table, and knowing it in advance is a meaningful advantage.

Every deal I structure in Coral Gables, South Miami, Pinecrest, Palmetto Bay, Coconut Grove, and surrounding southern Miami neighborhoods starts with a clear picture of these numbers so my clients know their position well before they're across from a buyer.

If you're thinking about selling and want to model your net before you list, that's a conversation I'm happy to have, and I always have with my seller clients in our initial conversations. Reach out anytime.

About Lynley Ciorobea

Lynley Ciorobea is a Miami-born real estate professional known for helping homeowners successfully prepare, position, and sell their homes across Coral Gables, South Miami, Pinecrest, Palmetto Bay, and the surrounding southern Miami neighborhoods. Since 2007, she has built her business around thoughtful strategy, strong negotiation, and a marketing-first approach designed to help listings stand out in an ever-evolving market.

A true local, Lynley grew up in Pinecrest and graduated from Palmer Trinity School before attending Duke University, where she earned a BA in Psychology. Her deep roots in Miami give her a nuanced understanding of the architecture, lifestyle, and character that make each neighborhood distinct. From classic Old Spanish homes in Coral Gables to newer construction in South Miami and Pinecrest, she brings a local perspective that goes far beyond surface-level market knowledge.

Over the years, Lynley has naturally become a trusted resource for homeowners preparing to sell. Many of her clients come to her long before their home ever hits the market, looking for guidance on timing, pricing, improvements, and how to position their property thoughtfully. She approaches each listing as a strategic launch rather than a simple transaction, combining market insight, negotiation experience, and elevated marketing to help sellers move forward with clarity and confidence.

As the founder of the Lynley Residential Group, Lynley remains personally involved in every listing she represents. She leads each transaction from initial strategy through closing, ensuring that every detail — from pricing and preparation to storytelling and exposure — reflects the uniqueness of the home itself. Her work often centers on architecturally interesting properties and homes where thoughtful positioning can make a meaningful difference in outcome.

Throughout her career, Lynley has consistently ranked among the top real estate agents in Miami. She has been recognized as part of EWM's Chairman's Club, placing in the top 5% of the company; in 2022 she was honored as the #2 individual agent at the company overall with $37 million in annual sales; and she's a leader in Miami with Real Broker. With more than $100 million in career transactions and more than 60 5-star Google reviews, her experience spans a wide range of property types while maintaining a strong focus on seller representation in southern Miami.

Beyond her work with clients, Lynley is known locally for her market insight and community-focused content. Through her weekly newsletter, neighborhood videos, blog posts, and social media, she shares thoughtful perspectives on the Miami real estate market and the lifestyle that surrounds it. Her approach is informative without being overwhelming, offering homeowners a clear understanding of how market conditions affect real decisions.

If you're preparing to sell a home in Coral Gables, Coconut Grove, South Miami, Pinecrest, Palmetto Bay, or nearby areas, Lynley offers a local perspective shaped by experience, relationships, and a genuine understanding of what makes Miami homes so special. Learn more at lynleyresidential.com.


Lynley Ciorobea
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Miami-Dade Closing Costs: Who Pays What, And Why It's Different From the Rest of Florida