Seller Disclosure Requirements in Florida | Port Realty Group

What Do You Have to Disclose When Selling a Home on Florida's Forgotten Coast?

By Billy Joe Smiley | August 25, 2026

I sit down with almost every seller on this coast for a version of this same conversation: what exactly do I have to tell a buyer? It's a fair question, and it's one worth getting right, because Florida takes seller disclosure seriously, and the rules just changed again last year. The good news is that once you understand the two pieces that make up your disclosure duty, this becomes one of the easiest parts of listing your home, not the hardest.

Whether you're selling on Cape San Blas, in Port St. Joe, or on St. George Island, the same statewide rules apply to you, and I want you to walk into your listing appointment already knowing what's coming.

The Original Rule: Disclose What You Know That a Buyer Can't See

Florida's core disclosure duty goes back to a 1985 Florida Supreme Court case called Johnson v. Davis. Before that ruling, Florida followed the old "buyer beware" approach. That case changed things, and sellers have had an affirmative duty to disclose ever since.

The rule breaks down into three simple parts. You have to disclose a fact if all three are true: it materially affects the property's value, you know about it, and the buyer doesn't know about it and wouldn't reasonably catch it during a normal showing or inspection. Roof leaks, mold, plumbing issues, unpermitted additions, and foundation cracks are the examples that come up most often. If you know about it and a buyer walking through the house wouldn't spot it, it belongs on your disclosure.

This is exactly what the Florida Realtors Seller's Property Disclosure form is built to walk you through, and I go over it line by line with every seller I represent. It's not a form designed to trap you. It's designed to protect you, because a thorough disclosure up front is your best defense if a question ever comes up after closing.

The New Piece: Florida's Flood Disclosure Law

Here's the part that's genuinely new, and the reason I wanted to put this together now. Starting October 1, 2024, Florida added a separate, standalone requirement under Florida Statute 689.302: sellers of residential property must give buyers a written Flood Disclosure at or before the sales contract is signed, separate from the general property disclosure form.

Then the law expanded again, effective October 1, 2025. Here's how the two versions compare:

On a coast where flood zones and CBRA designations already shape so much of the buying decision, as I've written about in How Close Can You Buy a Home to the Gulf Coast on Cape San Blas, this expanded disclosure gives buyers even more of the picture upfront. That's a good thing. Buyers here already know they're on a coastline with real storm history, and being straightforward about your property's flood record builds trust rather than raising alarm. It also protects you: sellers who complete this disclosure honestly and on time are in a strong position if a question ever comes up later, while sellers who skip it or fill it in loosely are the ones who end up exposed to a buyer's claim for damages or, in some cases, contract rescission.

Selling As-Is Doesn't Change Any of This

This is the misconception I run into the most, and I want to clear it up plainly: selling your home as-is does not remove your disclosure duty. The standard Florida FAR/BAR AS IS contract, which is the form used in the overwhelming majority of sales on this coast, changes whether the buyer can ask you to make repairs. It does not change whether you have to tell them what you know.

Think of it this way: as-is means you're not on the hook to fix the roof before closing. It never meant you get to stay quiet about the fact that the roof leaks. Those are two completely separate questions, and keeping them straight is one of the simplest ways to protect yourself through a smooth, low-drama closing.

How I Handle This With Every Seller

Here's the honest truth: this whole process is manageable, and most sellers get through it in a single sitting once we go through it together. Before we ever put a home on the market, I walk sellers through both forms side by side, the general Seller's Property Disclosure and the new Flood Disclosure, and we go fact by fact. If you're not sure whether something is worth including, that's exactly the conversation to have with me before you sign anything, not after a buyer asks a question you weren't prepared for.

• Pull any past insurance claims, repair invoices, or contractor records related to flooding, storm damage, or major systems before our first meeting.
• When in doubt about whether something is "material," disclose it. A short, honest note costs you nothing. An omission a buyer discovers later can cost you a lot more.
• Remember that as-is protects you from repair demands, not from telling the truth about what you know.
• Get both disclosures done early, ideally before we go live on the market, so there's zero scramble once an offer comes in.

If you're weighing when to list, this pairs well with the broader market picture I laid out in Is Now a Good Time to Buy on Florida's Forgotten Coast?, since buyers today are doing more careful due diligence than they were a couple of years ago, which makes a clean, complete disclosure even more of an asset for your sale. And once you're through closing, the ownership-cost side of the equation is covered in How Much Are Property Taxes on a Vacation Home on Florida's Forgotten Coast? for whichever property you move into next.

Disclosure isn't a hurdle standing between you and a sale. Done right, it's the thing that lets your sale close without surprises, for you and for the buyer. That's exactly the kind of straightforward process I want every seller on this coast walking into with confidence.

Getting your disclosures right is one of the most straightforward ways to protect your sale and your peace of mind, and it takes a lot less time than most sellers expect once we sit down and go through it together. If you're thinking about listing on Cape San Blas, Port St. Joe, Mexico Beach, or St. George Island and want to know exactly what applies to your property, give me a call or shoot me a text. I'll walk you through both disclosure forms before you ever sign a listing agreement.