What Sellers and Realtors Need to Know Today
Updated September 2026
A note about this article: My father originally wrote this article in 2018 after decades of answering disclosure questions from brokers and Realtors. The forms and the law have continued to evolve, but his central advice remains exactly right: when a fact may matter to a buyer, disclose it clearly, disclose it early, and disclose it in writing. I have updated his article for today’s Florida real estate market.
Both NABOR and Florida Realtors offer seller disclosure forms, and both are useful tools. But completing a form is not a substitute for judgment. The real question is whether the seller knows something that materially affects the value of the property, is not readily observable, and is not already known to the buyer.
1 Who Benefits From a Seller Disclosure
Everyone. A carefully completed disclosure helps the seller, the buyer, and the real estate professionals involved in the transaction.
For sellers and Realtors, the disclosure creates a written record of what was communicated before closing. It can prevent a small issue—a malfunctioning appliance, an old leak, or a recurring drainage problem—from becoming a personal and expensive post-closing dispute. For buyers, it identifies conditions that may require inspection, maintenance, repair, insurance review, or further investigation.
A buyer who feels misled rarely views the issue as merely technical. Even when the repair is inexpensive, the resulting loss of trust can produce complaints, demands, negative reviews, and litigation. Full disclosure is usually far less costly than explaining after closing why something was not disclosed.
2 Does the Disclosure Have to Be in Writing
Florida’s general duty to disclose a known latent material defect does not always require a particular disclosure form. An oral disclosure may be legally effective in some circumstances, but proving exactly what was said months later can be difficult. The best practice is simple: put the disclosure in writing and obtain confirmation that the buyer received it.
Some disclosures do have specific statutory requirements. For example, Florida now requires a residential flood disclosure at or before the time the sales contract is executed. Federal law also requires specific lead-based-paint disclosures for most residential properties built before 1978. Florida contracts commonly include the required radon notice. Pending code-enforcement matters, known defects in sanitary sewer laterals, and certain other conditions can trigger additional written disclosure obligations.
The seller—not the Realtor—should answer the factual questions. A Realtor may explain the form and make sure it is delivered, but should not guess, minimize, or complete factual answers on the seller’s behalf.
3 The Contract and the Disclosure Must Work Together
A disclosure form identifies known conditions; the sales contract determines the parties’ inspection, repair, termination, and risk-allocation rights. Those are different functions.
This distinction is especially important under NABOR contracts. A disclosed condition may affect whether that condition qualifies as a defective inspection item or whether the buyer can demand a repair. Before the buyer signs or acknowledges a disclosure, the buyer’s agent should review the disclosed items against the inspection provisions in the actual contract. If a known condition must be repaired, replaced, credited, or otherwise addressed, place that obligation in the contract or an addendum. Do not assume the disclosure itself creates a repair obligation.
4 Prior Repairs Can Still Matter
One of the most common mistakes is assuming that a repaired condition no longer needs to be disclosed. A repair may resolve the physical problem, but the history may still be material—particularly when the issue could recur or affect insurance, future maintenance, or a buyer’s decision to proceed.
Past roof leaks, water intrusion, flooding, mold, termites, structural movement, plumbing failures, sinkhole activity, and repeated drainage problems deserve careful treatment. The updated Florida flood disclosure is particularly important: it asks about flooding that damaged the property during the seller’s ownership, flood-related insurance claims, and assistance received for flood damage. A seller should not answer only by asking whether the property is dry today.
Invoices, warranties, permits, photographs, remediation reports, and clearance tests can add useful context. They show what happened, who performed the work, and whether any warranty remains. They should accompany—not replace—a clear written description of the underlying condition.
5 Plumbing Materials and Insurance Concerns
Polybutylene piping was a frequent source of debate when the original article was written. Today, the broader lesson is more useful: a system does not have to be actively leaking to matter to a buyer. Polybutylene, cast-iron drain lines, older electrical panels, aging roofs, and other components may affect insurability, financing, replacement cost, or the buyer’s willingness to proceed.
The seller should accurately disclose what the seller knows and provide any available reports or repair history. The buyer should rely on qualified inspectors, contractors, and insurance professionals to evaluate condition and insurability. Neither side should turn the disclosure form into an unsupported technical opinion.
6 A Real Example and a Lasting Lesson
My father’s original article described a Golden Gate City home that was under contract subject to removal of a backyard shed. A termite inspection identified termites in the shed but not in the house. Because the shed was being removed, the seller and others treated the issue as resolved and did not fully explain it to the buyers.
Months after closing, termites appeared when wallpaper was removed from a bathroom. The house had extensive damage, major structural work was required, and the seller and real estate professionals were sued. The dispute reportedly settled for approximately $80,000.
The lesson still applies: do not confuse removing the visible source of concern with eliminating the need to disclose what happened. If the buyers had received the report and a complete explanation before closing, they could have investigated further and made an informed decision. Disclosure would also have created a far stronger record for the seller and the Realtors.
7 What About Conditions Outside the Property
Florida’s core rule comes from Johnson v. Davis, 480 So. 2d 625 (Fla. 1985): a residential seller must disclose facts known to the seller that materially affect the property’s value, are not readily observable, and are not known to the buyer. Florida real estate licensees also have disclosure obligations regarding known material facts that are not readily observable.
Whether an off-site condition—future development, road work, airport noise, a neighboring use, or a nearby school—must be disclosed is highly fact-specific. The seller and Realtor should not assume that a public record or a visible sign automatically makes the buyer aware of the issue. If the condition has materially affected the property, generated complaints, or influenced the seller’s use or enjoyment, obtain legal advice and consider a direct written disclosure.
8 Best Practices for Sellers and Realtors
• Start early. Complete the disclosure before the property is marketed or, at minimum, before the contract is signed.
• Answer the question asked. Avoid vague responses such as “repaired” or “no current issue” when the form asks about prior events, claims, or damage.
• Update the disclosure. If something changes before closing—a new leak, storm damage, failed equipment, code notice, or insurance claim—supplement the disclosure promptly in writing.
• Attach the paper trail. Provide relevant invoices, permits, warranties, reports, insurance information, and remediation documents.
• Coordinate with the contract. If an item must be repaired, credited, escrowed, or accepted in its current condition, say so in the contract or an addendum.
• Do not speculate. Disclose known facts and direct the parties to qualified inspectors, contractors, insurers, and attorneys for opinions outside your expertise.
• When in doubt, disclose. A candid explanation before closing is usually easier to manage than an accusation of concealment afterward.
The Bottom Line
The goal is not to overwhelm the buyer with every maintenance detail. The goal is to communicate known facts that could reasonably matter to the buyer’s decision, inspection, insurance, financing, or future use of the property. Sellers should be candid, Realtors should document delivery, and the contract should clearly address any item that requires action.
My father’s 2018 advice remains the best closing thought: just because you may not have to disclose something does not mean you should not disclose it.
Legal references: Johnson v. Davis, 480 So. 2d 625 (Fla. 1985); sections 475.278, 689.301, 689.302, and 404.056, Florida Statutes; federal lead-based-paint disclosure requirements. This article provides general information and is not a substitute for legal advice concerning a specific transaction.