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Official Florida Seller Property Template

The Florida Seller Property Disclosure form plays a crucial role in real estate transactions within the state, ensuring transparency and honesty in the sale process. It obliges sellers to disclose all known facts that materially and adversely affect the value of a property, which might not be obvious to buyers. This form aids both parties—the seller in meeting Florida law requirements for disclosure, and the buyer in assessing the property's condition effectively.

Access Florida Seller Property Editor Here

Official Florida Seller Property Template

Overview

In the state of Florida, sellers of residential property are required to inform buyers about any issues with the property that could significantly impact its value and that are not obvious upon inspection. The Florida Seller Property Disclosure is a comprehensive form that enables sellers to fulfill this legal obligation, ensuring that buyers are well-informed about the property's condition before making a purchase. Crafted with the assistance of the Northeast Florida Association of REALTORS®, the form addresses various aspects of the property, including its physical condition, any legal claims or assessments, and details about the homeowners' association, among others. While this disclosure aids in transparency during the real estate transaction, it is expressly noted that it does not serve as a warranty from the seller or any REALTOR® involved in the transaction. Additionally, the form emphasizes that it is based solely on the seller's current knowledge and highlights the importance of professional inspections for buyers, earmarking it as a critical stepping stone in the due diligence process. This detailed approach aims to protect all parties involved, promoting a fair and informed transaction process.

Example - Florida Seller Property Form

SELLER’S PROPERTY DISCLOSURE

COPYRIGHTED AND SUGGESTED FOR USE BY THE MEMBERS OF THE

NORTHEAST FLORIDA ASSOCIATION OF REALTORS®, INC.

NOTICE TO SELLER

In Florida, a seller of residential property is obligated to disclose to a buyer all facts known to a seller that materially and adversely affect the value of the Property being sold which are not readily observable by a buyer. This Disclosure is designed to assist a seller in complying with the disclosure requirements under Florida law and to assist a buyer in evaluating the Property described below (“the Property”). All parties, including the listing real estate Broker(s) and cooperating Broker(s), may wish to refer to this information when they evaluate, market or present the Property to prospective buyers.

NOTICE TO BUYER

This Disclosure is not a warranty by SELLER or a representation of any kind by any REALTOR to this transaction and is not considered a substitute for inspections or warranties a buyer may wish to obtain. This Disclosure is based only upon SELLER’s knowledge of the Property’s condition as of the date signed by SELLER.

SELLER ____________________________________________________________________________________________________

Street Address ____________________________________________________________________________________________


City ________________________________________________________________________ State ___________			Zip _________
Year Built: ___________	Date SELLER purchased Property: ________________________
Is each individual named above a U.S. Citizen or resident alien?		Yes	No
Do you currently occupy the Property?		Yes	No
If not, when did you vacate the Property? ________________________________________
Is the Property tenant occupied?		Yes	No
If yes, is there a written lease?		Yes	No
Date lease began _____________________ Deposit amount $____________		Date lease ends _______________________
Monthly payment due under lease $________________________________		Date payable _________________________

1.PROPERTY INFORMATION: The Property has the items checked below, which are installed and, to SELLER’s actual knowledge, are in working condition unless otherwise indicated:

Range	Brand: _____________________			Refrigerator		Brand: ____________________
Oven	Brand: _____________________			Microwave Oven		Brand: ____________________
Dishwasher	Brand: _____________________			Washer		Brand: ____________________
Disposal	Brand: _____________________			Dryer		Brand: ____________________
Trash Compactor	Brand: _____________________			Fireplace	Gas Logs		Wood burning		Electric
Ceiling Fans - Number of fans:____________________				Smoke Detectors
Intercom				Security System			Owned	Leased
Audio Visual System Wiring				Window/Wall a/c(s) - Number of units:_____________
Light Fixtures				Built In Generator
Bathroom Mirrors				Wine Cooler			Built-in	Free Standing
Drapery Hardware				In-ground Pool
All Window Treatments				Above Ground Pool
Garage Door Opener(s) and Number of Control(s): _______				Pool Fence/Barrier
Security Gate and other Access Devices				Pool Sweep
Pool Heater				Solar Panels
Storage Shed				Individual Mail Box
Mounted/Installed Speakers				Cluster Mail Box and Key - Box Number________
TV Antennae/Satellite Dish		Owned	Leased
Water Softener/Treatment System		Owned	Leased
Storm Shutters and Panels
Spa or Hot Tub with Heater
Sauna
Built In Grill	Gas Supply:	Utility	Bottled/Tank
Irrigation System	Full	Partial
Water Heater:	Electric	Gas	Solar Brand: _____________________

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2.CLAIMS AND ASSESSMENTS:

a.Are you aware of any existing, pending or proposed legal or administrative action affecting the Property?

b.Are you aware of any existing or proposed municipal or county special assessments affecting the

Yes No

Property?

c.Have any local, state or federal authorities notified you that repairs, alterations or corrections

Yes No

to the Property are required?

Yes No

d.Are you aware of any existing, pending or proposed legal action or administrative action affecting homeowners’/condominium association common areas (such as clubhouse, pools, tennis courts,

walkways or other areas)?

Yes No

If yes to any of these items, please explain: _________________________________________________________________

________________________________________________________________________________________________________

3.DEED/HOMEOWNERS’/CONDOMINIUM ASSOCIATION RESTRICTIONS:

a.Are there any deed, homeowners’ or condominium restrictions?

b.Is there a mandatory homeowners’ or condominium association?

Yes No Yes No

If yes, please see Homeowners’ Association/Community Disclosure Addendum or Condominium Rider

Fees are payable to: _______________________________________________________________________________________

Payee’s address:__________________________________________________________________________________________

Payee’s phone number:_____________________________________________________________________________________

Homeowners’ Association fees and assessments are payable in the amount of	$__________ per ___________
Master Association fees and assessments are payable in the amount of	$__________ per ___________
Condominium Association maintenance fees are payable in the amount of	$__________ per ___________
Condominium Association special assessment fees are payable in the amount of	$__________ per ___________
________________________ fees or assessments are payable in the amount of	$__________ per ___________
________________________ fees or assessments are payable in the amount of	$__________ per ___________
________________________ Association transfer/access fees payable by BUYER	$__________
________________________ Association Capital Contribution fee payable by BUYER	$__________
c. Are you aware of any pending special assessment(s)? If yes please explain:	Yes No

	________________________________________________________________________________________________________
	________________________________________________________________________________________________________
d.	Are all of your Association fees current?	Yes	No
e.	Are you aware of any proposed changes to any of the restrictions?	Yes	No
f.	Are there any resale restrictions?	Yes	No
g.	Are there any restrictions to leasing the Property?	Yes	No

h.Are you aware of any violations of the restrictive covenants affecting the Property including failure

to obtain Association approval for improvements or changes to the Property?	Yes	No
i. Is the Property part of a Community Development District (CDD)?	Yes	No

If yes, please see Community Development District Acknowledgment.

4.ENVIRONMENT:

a.Was the Property built before 1978?

Yes

If yes, complete the Lead-Based Paint Disclosure.
b. Are there or have there been any substances, materials or products which may be an
environmental hazard such as, but not limited to, asbestos, urea formaldehyde, methamphetamine,
radon gas, mold, lead-based paint, defective drywall, defective flooring, fuel oil, propane or chemical
storage tanks (active or abandoned), or contaminated soil or water on the Property?	Yes No Unknown

c.Has there been any clean up, repair or remediation of the Property due to any of the substances,

materials or products listed in subsection (b) above?

Yes No Unknown

d.Are there any wetlands, conservation easements/buffers, archeological sites or other

environmentally sensitive areas located on the Property active or abandoned?

Yes No Unknown

If yes to any of these items, please explain:__________________________________________________________________

_______________________________________________________________________________________________________

5.ROADS/LAND USE

a.Are access roads Public Private?

b.Is the Property zoned for its current use?

c.Are there any restrictions governing reconstruction of the Property following casualty loss or damage

Yes No Unknown

(e.g. for oceanfront or historic district properties)?

Yes No Unknown

If yes to any of these items, please explain:__________________________________________________________________

_______________________________________________________________________________________________________

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6.ADDITIONS/REMODELING/INSURANCE CLAIMS

a.Has there been any structural damage or damage to personal property which may have resulted

from casualties including, but not limited to, fire, wind, water, flood, hail or sinkholes?	Yes	No Unknown
b. If yes, are you aware if any insurance claims were filed?	Yes	No
c. Have you made any additions, structural changes or other alterations to the Property?	Yes	No
If yes, did you obtain all necessary permits?	Yes	No
d. Was any of the work in violation of any building codes?	Yes	No

e.Were there any additions, structural changes or other alterations made to the Property by any

previous owner?

Yes No Unknown

f.Please provide the name of any contractor or individual who constructed any addition or made any

structural change to the Property. ____________________________________________________________________________

g.Are you aware of any active or open permits on the Property which have not been closed by a final

inspection?

Yes No

If yes to any of these items, please explain: _________________________________________________________________

_______________________________________________________________________________________________________

7.ROOF-RELATED ITEMS

a.	What is the approximate age of the roof? __________________	Unknown
b.	Has the roof leaked during your ownership of the Property?	Yes	No
	If yes, what was done to correct the leak(s)? _________________________________________________________________
c.	Has the roof been replaced or repaired during your ownership of the Property?	Yes	No
	If replaced or repaired, please provide the date and name of contractor

_________________________________________________ is there a transferable warranty?

If yes, please provide a copy of the warranty.

8.POOL/SPA OR HOT TUB

Yes No

a.Does the Property have any of the following?

Pool/Spa Heater	Yes	No	Type:	Gas	Electric	Solar
Pool Sweep	Yes	No
Spa/Hot Tub	Yes	No	Type:	Gas	Electric
b. Have repairs ever been made to any item mentioned above?						Yes No Unknown

If yes, please explain______________________________________________________________________________________

c.What type of pool/spa or hot tub chlorination system do you have? (salt or chlorine) _____________________________________

d.The pool/spa has the following safety features (as defined by Section 515, Florida Statutes):

Enclosure that meets the pool barrier requirements Required door and window exit alarms

Approved safety pool cover Required door locks

9.HEATING AND AIR CONDITIONING Please indicate existing equipment:

a.Air Conditioning:

b.Heating:

Central Central

Electric	Brand Name: ____________________ Age ____
Electric	Gas	Fuel Oil Brand Name: __________________ Age ____

c.If heat pump, type: _____________________

d.	Air condenser age ___________ Air handler age __________
e.	Window/Wall Unit (s) ______ Number and location of units included in sale: ___________________________________________

f. Solar Heating:

Owned

Leased

g.Do you have any fuel storage tanks?

If yes,

Underground

Above ground

Both

h.Are you aware of any malfunction, condensation problem or defect regarding these items or

Yes No

ductwork since you have owned the Property?

Yes No

If yes, explain: ___________________________________________________________________________________________

10. WATER INTRUSION
a. Are you aware of any past or present water intrusion, accumulation of water or dampness
affecting the Property, including any crawl spaces?	Yes No

	If yes, please explain______________________________________________________________________________________
b.	Are you aware of any attempts to control any water or dampness problems, including in any crawl	Yes	No
	spaces?
c.	Are you aware of any insurance claims filed for water intrusion?	Yes	No

If yes, please indicate when and the disposition ______________________________________________________________

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11.	SINKHOLES, SETTLING AND SOIL MOVEMENT
a.	Are you aware of any past or present settling, soil movement or sinkhole(s) affecting the Property?	Yes	No
	If yes, please explain:____________________________________________________________________________________
b.	Are you aware of any insurance claims filed for a sinkhole with an insurance company?	Yes	No
	If yes, has the claim has been completely settled with your homeowner’s insurance company?	Yes	No
	If yes, was the full amount of the claim proceeds used to repair the sinkhole damage?	Yes	No
12.	WINDOWS/DOORS/LOCKS

a.Are the windows insulated glass?

b.Are any windows low ”e” filtered windows?

c.Are there any fogged windows?

d.Are any windows broken or cracked?

e.Do all operable windows open, stay open, close and lock properly?

f.Are any screens missing or damaged?

g.Do all doors operate properly?

Yes No Unknown

Yes No

13.	PLUMBING
a.	Are you aware of any problems with the plumbing system?	Yes	No
b.	Are you aware of any polybutylene pipes on the Property?	Yes	No
c.	Are you aware of any leaks, back-ups, water or sewer/septic tank problems?	Yes	No

d.What is your drinking water supply source? Public Private Well on Property Shared well

e.	If your water is from a well, have there ever been repairs/replacements to the well or pump?	Yes	No	Unknown
f.	Has the well water ever been tested?	Yes	No	Unknown
g.	Do you have a separate water supply source for irrigation?	Yes	No

h.If yes, Irrigation Meter Shallow Well

i.	What type of sewage system do you have?		Public	Private	Septic Tank(s)
	If septic, how many? _____________________ Locations: _______________________________________________________
	When was septic tank last pumped? ________________________ Age of septic tank if known: ____________________________
	Age of drain field if known: _______________________________
j.	Number of water heaters? _____	Electric	Gas	Solar	Tankless

If yes to any of these items, please explain: ___________________________________________________________________

________________________________________________________________________________________________________

14. ELECTRICAL SYSTEM

a.Are you aware of any damaged or malfunctioning switches, receptacles, wiring or any problem with

	the electrical system?	Yes	No
	If yes, please explain: _____________________________________________________________________________________
b.	Does the Property have any aluminum wiring?	Yes	No Unknown
15.	EXCLUSIONS/LEASED SYSTEMS
a.	Are there any items that are affixed to the Property that are excluded from the sale?	Yes	No
	If yes, please itemize: _____________________________________________________________________________________
b.	Is there any leased equipment included in the sale?	Yes	No
	If yes, please itemize: _____________________________________________________________________________________

16. WOOD-DESTROYING ORGANISMS

a.Are you aware of any past or present infestation or damage to the Property caused by any

wood-destroying organisms, including fungi?

Yes No

If yes, please explain: _____________________________________________________________________________________

b.Is the Property currently under service agreement or bond for wood-destroying organisms with

a licensed pest control company?

Yes No

If yes, with what company and renewal date?_________________________________________________________________

Is the service agreement or bond transferable?

Yes No

If yes, please attach a copy of the service agreement or bond.
c. Do you know of any wood-destroying organism reports on the Property issued in the past five years?	Yes No

If yes, please explain and attached a copy if available:__________________________________________________________

________________________________________________________________________________________________________

17. FLOOD ZONE/DRAINAGE/BOUNDARIES

a.Is any portion of the Property in a special flood hazard area for which a lender may require flood insurance?

If yes, please attach a copy of the flood elevation certificate if available.

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b.Are you aware of any past or present drainage/flood problems affecting the Property?

c.Are you aware of any encroachments or boundary line disputes affecting the Property?

d.Are you aware of any shared access/driveway, dock, well or other joint use agreements? If yes, oral written. If written, please attach a copy.

e.Are you aware of any easements affecting the Property other than utility easements?

f.Do you have a survey map of the Property?

If yes, please attach a copy.

18. OTHER MATTERS

Yes No

Yes No Yes No

a. Does anyone, including any owner’s association, have a right of first refusal or an option to buy
the Property?	Yes	No
b. Are you aware of any existing or threatened legal action affecting you or the Property?	Yes	No .
c. Does the Property currently have homestead tax exemption? If yes, for which year? ___________	Yes	No

d.Water/Sewer Provider: _____________________________________________________________________________________

Garbage Pick-up Provider: ____________________________ Gas/Fuel oil Provider: ___________________________________

Electricity Provider: ________________________________________________________________________________________

eIs there anything else you feel you should disclose to a prospective buyer that may materially

adversely affect the value or desirability of the Property?

Yes No

If yes to any of these items, please explain: __________________________________________________________________

________________________________________________________________________________________________________

SELLER represents that the information set forth in this Property Disclosure is accurate and complete to the best of SELLER’s knowledge. SELLER does not intend this Disclosure to be a warranty or guaranty of any kind. SELLER hereby authorizes the listing Broker to provide a copy of this Disclosure to prospective buyers of the Property and to real estate brokers and licensees. SELLER

shall notify the listing Broker in writing immediately if any information set forth in this Disclosure becomes inaccurate or incorrect.

___________________________	____________	___________________________	____________
SELLER	DATE	SELLER	DATE
___________________________	____________	___________________________	____________
SELLER	DATE	SELLER	DATE

RECEIPT AND ACKNOWLEDGMENT BY BUYER

BUYER hereby acknowledges receipt of a copy of this Property Disclosure. BUYER is strongly advised to obtain Property inspection(s) as provided for in the Purchase and Sale Agreement and Deposit Receipt. BUYER should select professionals with appropriate qualifications to conduct inspections. BUYER acknowledges that this Property Disclosure is not intended as a warranty or guaranty of any kind by SELLER.

BUYER hereby acknowledges that SELLER’s representations are made to BUYER based on SELLER’s knowledge and, further, that it is BUYER’s responsibility to have the Property inspected. The statements in this Disclosure are those of SELLER only. The Brokers and their licensees do not warrant or guarantee the statements contained in this Property Disclosure or the condition of the Property and are not responsible for the condition of the Property. BUYER understands that the Property is being sold in its present condition unless otherwise agreed upon in the Purchase and Sale Agreement and Deposit Receipt.

___________________________	____________	___________________________	____________
BUYER	DATE	BUYER	DATE
___________________________	____________	___________________________	____________
BUYER	DATE	BUYER	DATE

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➤ Florida Seller Property PDF

File Specifications

Fact Name	Description
Disclosure Purpose	Assists sellers in meeting Florida law requirements by disclosing known facts that materially and adversely affect the value of the property.
Not a Warranty	Clarifies that the disclosure is not a warranty or representation of any kind by either the seller or any real estate professional involved.
Seller's Knowledge Basis	Indicates that the information provided is based solely on the seller’s current knowledge of the property's condition.
Governing Law	Guided by the disclosure requirements under Florida law, specifically aiming to protect both buyer and seller in a residential property transaction.
Buyer’s Advisory	Advises the buyer to conduct their own inspections or obtain warranties; emphasizes that the disclosure should not substitute for independent property evaluations.

Instructions on Filling in Florida Seller Property

Filling out the Florida Seller Property Disclosure can be a crucial step in the home-selling process. This disclosure form is created to help sellers comply with Florida law by disclosing any known issues with the property that could significantly affect its value. This information is equally vital for buyers, as it helps them understand the property's condition beyond what can be seen on the surface. As a seller, accurately completing this form can help protect you from future legal disputes and facilitate a more transparent transaction process. Here’s a step-by-step guide to help you fill out the form.

Start by entering your full name (SELLER) at the top, followed by the Property's street address, city, state, and ZIP code. Don't forget to include the year the property was built and the date you purchased it. You'll also need to indicate whether each named owner is a U.S. citizen or resident alien.
Answer yes or no to questions about your occupancy status, whether the property is tenant-occupied, and provide lease details if applicable.
In the PROPERTY INFORMATION section, check all the boxes that apply to items installed in the property and are in working condition. Specify brands and details where indicated.
Address the CLAIMS AND ASSESSMENTS section by disclosing any legal, municipal, or association actions or assessments affecting the property.
For DEED/HOMEOWNERS’/CONDOMINIUM ASSOCIATION RESTRICTIONS, indicate any applicable restrictions, fees, and information regarding the homeowners’ or condominium association.
In the ENVIRONMENT section, disclose any environmental hazards, remediation efforts, or sensitive areas on the property.
Answer questions in the ROADS/LAND USE, indicating the status of access roads and zoning compliance.
Detail any ADDITIONS/REMODELING/INSURANCE CLAIMS, including structural changes, permits obtained, and insurance claims related to property damage.
Fill out the ROOF-RELATED ITEMS section by disclosing the roof's age, leak history, and any repairs or replacements done during your ownership.
Indicate features and conditions of any POOL/SPA OR HOT TUB on the property, specifying types, repairs made, and safety features in place.
Complete the HEATING AND AIR CONDITIONING section with details about the systems installed, including brand, age, and any malfunctions or repairs.
Address any past or current water intrusion issues in the WATER INTRUSION section, including efforts made to address these issues.
In the SINKHOLES, SETTLING AND SOIL MOVEMENT section, disclose any known soil issues or sinkhole claims.
Detail the condition of WINDOWS/DOORS/LOCKS, noting any damage, operational issues, or alterations.
Review the PLUMBING to disclose known plumbing problems, pipe materials, and water source details.
For the ELECTRICAL SYSTEM, note any issues with wiring, switches, or receptacles, including the presence of aluminum wiring.
List any EXCLUSIONS/LEASED SYSTEMS, specifying items not included in the sale or equipment that is leased.
Disclose any known WOOD-DESTROYING ORGANISMS issues, including past infestations or damage and any ongoing treatment agreements.
Address issues related to FLOOD ZONE/DRAINAGE/BOUNDARIES, including flood zone status, drainage problems, and boundary disputes.
If there are OTHER MATTERS you believe are important for a buyer to know, such as legal actions affecting the property or other disclosures not covered by previous sections, include them here.
Once all sections are completed, sign and date the form. If you become aware of any inaccuracies, notify the listing broker in writing immediately.

After you've filled out the form to the best of your knowledge and understanding, the next step is to share this disclosure with potential buyers and your real estate agent. This doesn't just fulfill legal obligations—it also promotes transparency and trust in the transaction. Remember, while the form is comprehensive, it is not a substitute for a professional inspection; buyers are encouraged to conduct their due diligence. A thorough and honest disclosure can help ensure a smooth sale process and avoid potential disputes after the sale.

Understanding Florida Seller Property

What is the purpose of the Florida Seller Property Disclosure?

The primary purpose of the Florida Seller Property Disclosure is to help sellers in Florida comply with state legal requirements by disclosing facts that are known to them which materially and adversely affect the value of the residential property and are not obvious to a buyer. This form supports sellers in detailing the condition and specifics of their property, assisting buyers in making informed decisions by evaluating this information. It's an important document in the property selling process, encouraging transparency and honesty from the seller's side.

Are sellers required to fill out the Florida Seller Property Disclosure?

Yes, sellers of residential property in Florida are obligated to disclose any facts known to them that could significantly and negatively impact the property's value and that are not readily observable by a buyer. This disclosure aims to provide buyers with comprehensive information on the property's condition, thus, filling out the Florida Seller Property Disclosure helps sellers meet these legal obligations.

What should a seller do if something changes after filling out the form?

After completing the Florida Seller Property Disclosure, if there are any changes to the information provided or if the seller becomes aware of new information that makes the disclosure inaccurate or incorrect, the seller is required to notify the listing real estate broker in writing immediately. This ensures that all parties have the most current and accurate information about the property’s condition.

Can the Florida Seller Property Disclosure replace a home inspection?

No, the Florida Seller Property Disclosure cannot replace a home inspection. While the disclosure provides valuable information based on the seller's knowledge, it is not a warranty or representation of the property's condition. Buyers are strongly encouraged to have the property professionally inspected to uncover any potential issues the seller might not be aware of or that might not be covered in the disclosure.

Is the information in the Florida Seller Property Disclosure guaranteed by real estate brokers?

No, the information in the Florida Seller Property Disclosure is not guaranteed by real estate brokers or real estate licensees participating in the transaction. The disclosure represents the seller's own knowledge of the property at the time of filling out the form. Brokers and their agents do not warrant or verify the accuracy of the statements made in the disclosure, underlining the importance of professional inspections and due diligence by the buyer.

What happens if a seller knowingly provides false information in the disclosure?

If a seller knowingly provides false information or intentionally omits material facts in the Florida Seller Property Disclosure, they could be held liable for fraud, misrepresentation, or breach of contract. This could result in legal action against the seller, including possible damages awarded to the buyer. Honesty and full transparency are crucial when completing this disclosure to avoid any potential legal consequences.

Common mistakes

Filling out the Florida Seller Property form requires attention to detail and an understanding of your legal obligations as a seller. Unfortunately, some mistakes are all too common. Being aware of these can help avoid issues that could delay or derail a sale.

Not Disclosing Known Defects:
One of the most significant errors sellers make is failing to disclose known defects that materially affect the property's value, which are not obvious to the buyer. This can include issues like plumbing problems, roof leaks, or a history of pest infestations. Florida law requires sellers to disclose these known defects, and failing to do so can lead to legal complications after the sale.
Assuming "As Is" Means No Disclosures Needed:
Even if you're selling your property "as is," this doesn't mean you can skip disclosures. Sellers sometimes incorrectly believe that an "as is" sale absolves them of the need to disclose property defects. However, "as is" simply means you're not willing to make repairs; it doesn't remove your obligation to inform the buyer about known issues.
Omitting Information on Remodeling and Repairs:
Sellers often forget or choose not to disclose remodeling or repairs they've undertaken during ownership. Whether it's a small DIY project or a significant renovation, it's crucial to note these changes, especially if permits were required but not obtained, or if the work might not meet current building codes. This oversight can lead to disputes and financial headaches for the buyer, which might boomerang back to the seller.
Ignoring Environmental and Neighborhood Issues:
While it's vital to disclose issues with the property itself, sellers sometimes overlook the need to disclose environmental hazards or neighborhood conditions known to them that could affect the property's desirability or value. This includes flooding history, soil conditions, noise pollution, or any proposed developments nearby that could impact the property in the future.

Properly completing the Florida Seller Property form is more than a mere formality; it's a crucial part of the home selling process that protects both seller and buyer. By avoiding these common mistakes, you can help ensure a smoother sale process and mitigate potential legal issues down the line.

Documents used along the form

When dealing with real estate transactions in Florida, especially the sale of property, the Florida Seller's Property Disclosure form is a fundamental document. This form, designed by the Northeast Florida Association of Realtors®, plays a critical role in the process by documenting any known issues with the property that might affect its value negatively. However, to ensure a smooth and transparent transaction, several other important documents are usually required alongside this disclosure. These documents provide further details, protect all parties involved, and comply with Florida's legal requirements.

Title Insurance Policy: Offers protection against losses due to title defects, liens, or other related issues that were not discovered during the initial title search.
Homeowners' Association/Community Disclosure Addendum: Provides information on the responsibilities and fees due to a homeowners' association, if applicable.
Flood Zone Statement: Indicates whether the property is within a flood hazard area and may require flood insurance.
Lead-Based Paint Disclosure: A must for homes built before 1978, informing buyers about the presence of lead-based paint.
Survey: Shows the property's boundaries, easements, and improvements, which is essential for verifying the property's extents and any encroachments.
Home Warranty: Offers the buyer protection against the failure of major systems and appliances within a specific period after purchase.
Property Inspection Reports: Detailed reports from qualified inspectors that highlight the condition of the property, including structural, pest, and general home inspection findings.

Together, these documents form a comprehensive package that supports the Seller's Property Disclosure, providing clarity and security for both buyers and sellers in the Florida real estate market. By being well-informed and prepared, all parties can navigate the transaction process with confidence, knowing that they have taken the necessary steps to safeguard their interests.

Similar forms

The Lead-Based Paint Disclosure is similar to the Florida Seller Property form because both are designed to disclose specific conditions of a property that may affect its value or desirability. While the Seller Property form covers a broad range of conditions and defects, the Lead-Based Paint Disclosure specifically addresses the presence of lead-based paint, a common concern for properties built before 1978.
The Home Inspection Report shares similarities with the Florida Seller Property form as both provide detailed information about the condition of a property. However, the Home Inspection Report is typically generated by a professional home inspector hired by the buyer, offering an independent assessment of the property's state, as opposed to the seller's disclosures which are based on their knowledge.
Real Estate Transfer Disclosure Statement (TDS) found in other states also resembles the Florida Seller Property form, as both aim to inform the buyer about the condition of the property being sold. These disclosures typically include information about the physical condition of the property, any repairs or modifications made, and other relevant details to help buyers make informed decisions.
The As-Is Residential Contract For Sale And Purchase used in Florida real estate transactions shares a conceptual purpose with the Seller Property form in that it outlines the condition of the property at the time of sale. However, the As-Is contract specifically states that the buyer is willing to purchase the property in its current condition without the seller being obligated to make any repairs.
Community Development District (CDD) Acknowledgment shares thematic elements with the Florida Seller Property form because it involves disclosing to the buyer specific conditions that affect the property, particularly those related to special taxing districts that finance infrastructure within a community, which could materially impact the desirability or value of the property.
The Condominium Rider is similar to parts of the Florida Seller Property form that disclose details about the condominium association, such as fees and assessments. This document specifically focuses on information relevant to condominiums, including governance, restrictions, and financial obligations of the condominium association.
A Sinkhole Disclosure highlights similar disclosure requirements to those found in the Florida Seller Property form, especially regarding the presence or history of sinkholes on the property. State law requires sellers to disclose any knowledge of sinkhole claims or repairs, reflecting the importance of informing buyers about geological risks.
Flood Zone Statement is akin to sections of the Florida Seller Property form detailing environmental risks, specifically flood risk. Sellers must inform buyers if a property is located in a designated flood hazard area, which could significantly affect insurance requirements and costs.
The Mold Disclosure parallels the environmental hazard disclosures in the Florida Seller Property form. Sellers must disclose the presence of mold or water damage that could lead to mold, as this can greatly impact a property’s healthfulness and its value.
Property Tax Disclosure is conceptually similar because it deals with the financial obligations associated with the property, similar to the sections of the Florida Seller Property form that discuss homeowner association fees and special assessments. This includes disclosing current property tax rates and any expected increases.

Dos and Don'ts

When filling out the Florida Seller's Property form, it's crucial to navigate the process with accuracy and transparency. Below are critical dos and don'ts to consider:

Do disclose all known facts that materially affect the property's value not obvious to the buyer.
Do not withhold information about existing legal or administrative actions affecting the property.
Do accurately list all installed items and their working condition unless indicated otherwise.
Do not speculate or guess on the property's features or conditions if unsure, note it as "unknown" where applicable.
Do provide details on any claims or assessments currently pending or proposed that might affect the property.
Do not forget to include information on any homeowner or condominium association fees and whether they are up to date.
Do disclose any environmental hazards or materials that may pose an environmental risk.
Do not omit information regarding additions, remodeling, or insurance claims related to property damage.
Do update the disclosure promptly if any provided information changes before the sale is completed.

Adhering to these guidelines ensures a smoother transaction process, minimizing potential disputes by offering a clear, comprehensive account of the property's condition and history.

Misconceptions

Here are eight common misconceptions about the Florida Seller's Property Disclosure Statement:

"The Seller's Disclosure is an optional form." Contrary to this belief, while Florida law doesn't mandate a specific form to be used for disclosure, a seller is obligated to inform the buyer about any property defects or issues that aren't visible or obvious and that could affect the property's value. This form assists in fulfilling that legal duty efficiently.
"Everything listed in the disclosure is guaranteed by the seller." This disclosure is based solely on the seller's current knowledge of the property's condition. It's not a warranty. Buyers are encouraged to complete their due diligence, including obtaining professional inspections.
"The disclosure covers all potential issues with the property." The disclosure is limited to the seller’s actual knowledge at the time of signing. It may not address all potential or latent defects, hence the importance of a thorough inspection by the buyer.
"Sellers must disclose issues they fixed before the sale." Sellers are required to disclose not only existing issues but also past problems they're aware of that could materially affect the property's value, even if those issues have been resolved.
"The form serves as a substitute for a home inspection." Some buyers mistakenly believe the seller's disclosure eliminates the need for a home inspection. However, the form complements, rather than replaces, the detailed assessment a professional inspection offers.
"Sellers must ensure all items are working before selling." While the disclosure lists various features and their working condition according to the seller's knowledge, it doesn’t obligate the seller to repair items that aren't working unless agreed upon in the purchase contract.
"The form must be completed by a real estate professional." Though real estate professionals may assist sellers in understanding the form's requirements, the responsibility to complete the disclosure accurately lies with the seller, reflecting their knowledge of the property.
"Real estate agents are responsible for verifying the accuracy of the disclosure." Real estate agents facilitate the disclosure process but aren’t responsible for its accuracy. The information is based on the seller's knowledge, and buyers must conduct their inspections to verify the property's condition.

Understanding the purpose and limitations of the Florida Seller's Property Disclosure Statement is crucial for both sellers and buyers to ensure transparency and make informed decisions during the real estate transaction process.

Key takeaways

When handling the Florida Seller's Property Disclosure, there are crucial aspects that both sellers and buyers should be aware of. This understanding ensures that the property transaction complies with Florida law and helps in making informed decisions. Here are several key takeaways to consider:

Florida law requires sellers to disclose any facts known to them that materially affect the value of the property and are not obvious to the buyer. This ensures transparent transactions and helps protect the buyer's interests.
The disclosure form is a tool designed to help sellers comply with these legal requirements and to assist buyers in evaluating the property thoroughly before making a purchase decision.
This document is not a substitute for a professional property inspection. Buyers are encouraged to obtain their inspections and warranties for a comprehensive understanding of the property's condition.
The information provided in the disclosure is based solely on the seller's current knowledge of the property's condition and should be considered carefully by the buyer.
While real estate brokers and agents may use this information in the marketing and presentation of the property, they do not guarantee the condition of the property as stated in the disclosure.
The disclosure form includes details about the physical state of the property, including appliances, structural integrity, repairs, additions, environmental hazards, zoning, and much more, which are crucial for the buyer's understanding.
If any changes occur to the information provided in the disclosure after it has been filled out, the seller is obligated to notify the listing broker in writing to ensure that all parties have the most current information.
Buyers acknowledge that the disclosure does not serve as a warranty or guarantee by the seller and that it is their responsibility to conduct thorough inspections to verify the property's condition.

Comprehensively filling out and understanding the Florida Seller's Property Disclosure is imperative for a fair and legally compliant transaction. It serves as a foundation for honest communication between the seller and buyer, promoting transparency and trust in the real estate market.

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