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Blank Florida Seller Property Form

The Florida Seller Property Disclosure form is a document that requires sellers of residential property to disclose known facts that may materially impact the property's value. This form assists sellers in meeting legal obligations and helps buyers assess the property effectively. It is essential for all parties involved in a real estate transaction to understand the information contained within this disclosure.

Outline

The Florida Seller Property Disclosure form plays a crucial role in the residential real estate transaction process, ensuring transparency between sellers and buyers. This form mandates that sellers disclose any known facts that could materially and adversely impact the property's value, which may not be immediately observable to potential buyers. Key sections of the form cover a variety of aspects related to the property, including its physical condition, any legal or administrative actions affecting it, and details about homeowners' or condominium association restrictions. Additionally, the form addresses environmental concerns, such as the presence of hazardous materials, and the condition of essential systems like plumbing, electrical, and roofing. It also outlines any known issues related to water intrusion, sinkholes, and wood-destroying organisms, ensuring buyers are well-informed before making a purchase. While the form serves as a valuable tool for buyers to assess the property, it is important to note that it does not serve as a warranty or substitute for professional inspections, emphasizing the need for thorough due diligence in any real estate transaction.

Sample - Florida Seller Property Form

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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: _____________________

Oven Brand: _____________________

Dishwasher Brand: _____________________

Disposal Brand: _____________________

Trash Compactor Brand: _____________________

Ceiling Fans - Number of fans:____________________

Intercom

Audio Visual System Wiring

Light Fixtures

Bathroom Mirrors

Drapery Hardware

All Window Treatments

Garage Door Opener(s) and Number of Control(s): _______

Security Gate and other Access Devices

Refrigerator Brand: ____________________

Microwave Oven Brand: ____________________

Washer Brand: ____________________

Dryer Brand: ____________________

Fireplace Gas Logs Wood burning Electric

Smoke Detectors

Security System Owned Leased

Window/Wall a/c(s) - Number of units:_____________

Built In Generator

Wine Cooler Built-in Free Standing

In-ground Pool

Above Ground Pool

Pool Fence/Barrier

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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CLAIMS AND ASSESSMENTS:

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

the Property?

Yes No

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

Property?

Yes No

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

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? Yes No

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

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 ___________

________________________ 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 No

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

Are access roads Public Private?

b. Is the Property zoned for its current use?

Yes No Unknown

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

(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?

Yes No

If yes, please provide a copy of the warranty.

POOL/SPA OR HOT TUB

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 Approved safety pool cover

Required door and window exit alarms Required door locks

9. HEATING AND AIR CONDITIONING

Please indicate existing equipment:

a. Air Conditioning:

Central Electric Brand Name: ____________________ Age ____

b. Heating:

Central 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?

Yes No

If yes,

Underground Above ground Both

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

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

.Are the windows insulated glass?

Yes No Unknown

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

Yes No Unknown

c. Are there any fogged windows?

Yes No

d. Are any windows broken or cracked?

Yes No

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

Yes No

f. Are any screens missing or damaged?

Yes No

g. Do all doors operate properly?

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

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

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

flood insurance?

Yes No

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?

Yes No

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

Yes No

d. Are you aware of any shared access/driveway, dock, well or other joint use agreements?

Yes No

If yes,

oral written. If written, please attach a copy.

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

Yes No

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

Yes No

If yes, please attach a copy.

18. OTHER MATTERS

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: ________________________________________________________________________________________

e Is 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 Disc

losure. 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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Form Information

Fact Name	Description
Disclosure Requirement	In Florida, sellers must disclose any known facts that could negatively impact the property's value.
Not a Warranty	The Seller's Property Disclosure is not a warranty and does not replace the need for inspections.
Occupancy Status	Sellers must indicate whether the property is currently occupied or tenant-occupied.
Environmental Hazards	Disclosure includes any known environmental hazards, such as mold or asbestos, affecting the property.
Governing Law	This form is governed by Florida Statutes, particularly those related to real estate transactions.

Detailed Guide for Filling Out Florida Seller Property

Completing the Florida Seller Property Disclosure form is an essential step in the home selling process. This form requires sellers to disclose any known issues or conditions that could affect the property's value. Once the form is filled out, it will be provided to potential buyers, allowing them to make informed decisions about the property. Follow the steps below to accurately complete the form.

Begin by entering the Seller's Name at the top of the form.
Fill in the Street Address, City, State, and Zip Code of the property being sold.
Indicate the Year Built of the property.
Provide the Date the Seller purchased the Property.
Answer the question regarding U.S. Citizenship or resident alien status.
Indicate whether you currently occupy the property and, if not, provide the date you vacated it.
State if the property is tenant-occupied, and if so, answer questions about the lease.
In the Property Information section, check all items that are installed and in working condition.
Answer questions regarding Claims and Assessments to disclose any legal actions or assessments affecting the property.
Provide information about any Deed/Homeowners’/Condominium Association Restrictions that may apply.
Complete the Environment section, indicating any environmental hazards or issues.
Fill out the Roads/Land Use section regarding access roads and zoning.
Answer questions in the Additions/Remodeling/Insurance Claims section, detailing any structural changes or damage.
Provide information about the Roof-Related Items, including its age and any repairs.
Complete the Pool/Spa or Hot Tub section if applicable.
Indicate the status of the Heating and Air Conditioning systems.
Answer questions regarding Water Intrusion issues.
Disclose any information about Sinkholes, Settling, and Soil Movement.
Provide details on Windows/Doors/Locks condition.
Fill out the Plumbing section, noting any known issues.
Complete the Electrical System section regarding any electrical problems.
Disclose any Exclusions/Leased Systems that will not be included in the sale.
Answer questions regarding Wood-Destroying Organisms and any pest control agreements.
Complete the Flood Zone/Drainage/Boundaries section to disclose any flood-related issues.
Provide any additional information in the Other Matters section that may affect the property's value.
Sign and date the form to certify that the information is accurate to the best of your knowledge.
Ensure the buyer acknowledges receipt of the disclosure by signing the designated area.

Obtain Answers on Florida Seller Property

What is the purpose of the Florida Seller Property Disclosure form?

The Florida Seller Property Disclosure form is designed to help sellers disclose known issues about the property to potential buyers. Sellers must share any facts that could materially impact the property's value and are not readily observable. This transparency helps buyers make informed decisions and protects sellers from future legal claims related to undisclosed property issues.
What should a seller include in the disclosure?

Sellers should provide accurate information about the property's condition, including:
- Structural issues or damage
- Environmental hazards, such as mold or lead-based paint
- Legal or administrative actions affecting the property
- Any known defects in major systems, like plumbing or electrical
- Details about any homeowners' association fees or restrictions
Complete and honest disclosure is essential to comply with Florida law and to foster trust with potential buyers.
Is the Seller Property Disclosure form a warranty?

No, the Seller Property Disclosure form is not a warranty. It reflects the seller's knowledge of the property's condition at the time of signing. Buyers should not rely solely on this disclosure and are encouraged to conduct their own inspections. The form serves to inform buyers but does not guarantee the property's condition.
What happens if a seller fails to disclose known issues?

If a seller knowingly fails to disclose significant issues, they may face legal consequences. Buyers could pursue claims for damages if they discover undisclosed problems after the sale. It's crucial for sellers to be thorough and honest in their disclosures to avoid potential disputes and legal action in the future.

Common mistakes

Completing the Florida Seller Property Disclosure form accurately is crucial for both sellers and buyers. However, there are common mistakes that can lead to misunderstandings or legal issues. One frequent error is failing to provide complete information. Sellers should ensure that all sections of the form are filled out thoroughly. Incomplete answers can create confusion and may lead to disputes later on.

Another mistake is not disclosing known issues with the property. Sellers are required to share any facts that could materially affect the property's value. Omitting information about past repairs, structural issues, or environmental hazards can lead to significant problems down the line. Transparency is essential to foster trust between the buyer and seller.

Many sellers also overlook the importance of accuracy in dates and amounts. For instance, when listing the date the property was purchased or the amounts related to leases and assessments, providing incorrect information can complicate the transaction. It is advisable to double-check these details to avoid potential conflicts.

Additionally, some sellers may misunderstand the questions regarding occupancy and tenant status. It is important to clarify whether the property is currently occupied by the seller or tenants. Misrepresenting this information can lead to issues, especially if there are tenants with existing leases that need to be honored.

Another common mistake is failing to address any legal actions or assessments affecting the property. Sellers should be aware of any pending legal matters, including those related to homeowners' associations. Ignoring these can lead to unexpected liabilities for the buyer.

Moreover, sellers sometimes neglect to mention modifications made to the property. If any structural changes or repairs were completed, these should be documented, along with any permits obtained. This information is vital for buyers to understand the property's history and condition.

It is also essential for sellers to be aware of any restrictions associated with the property. This includes homeowners' association rules or local zoning laws. Failing to disclose such restrictions can lead to complications for the buyer, who may be unaware of limitations on property use.

Lastly, sellers often forget to include information about the property’s environmental status. Any known hazards, such as mold or lead-based paint, must be disclosed. Providing this information helps buyers make informed decisions and protects sellers from potential legal repercussions.

In summary, being thorough and honest when filling out the Florida Seller Property Disclosure form is key. By avoiding these common mistakes, sellers can help ensure a smoother transaction process and foster positive relationships with potential buyers.

Documents used along the form

The Florida Seller Property Disclosure form is a crucial document for sellers of residential properties in Florida. It requires sellers to disclose any known issues that could affect the property's value. In addition to this form, several other documents are commonly used in real estate transactions in Florida. Below is a list of these documents, along with a brief description of each.

Lead-Based Paint Disclosure: Required for properties built before 1978, this document informs buyers about the potential risks of lead-based paint and provides guidelines for safe handling.
Homeowners’ Association (HOA) Disclosure: This form outlines any rules, fees, and restrictions imposed by the HOA that may affect the property and its use.
Community Development District (CDD) Acknowledgment: This document discloses any assessments or fees associated with a CDD, which may impact the buyer’s financial responsibilities.
Purchase and Sale Agreement: This legally binding contract details the terms of the sale, including the purchase price, closing date, and contingencies, ensuring both parties are clear on their obligations.
Title Insurance Policy: This document protects the buyer against any claims or issues related to the property’s title, ensuring that the buyer has clear ownership without disputes.
Property Survey: A survey provides a detailed map of the property boundaries, showing any easements or encroachments, and is essential for understanding the property's physical layout.

These documents play a vital role in the real estate transaction process, ensuring transparency and protecting the interests of both buyers and sellers. Understanding each document's purpose can facilitate smoother transactions and help avoid potential disputes.

Similar forms

Residential Property Disclosure Statement: Similar to the Florida Seller Property form, this document requires sellers to disclose known issues that could affect the property’s value. It emphasizes transparency to potential buyers.
Lead-Based Paint Disclosure: This form is mandatory for homes built before 1978. It informs buyers of potential lead hazards, much like the Florida form highlights environmental concerns.
Homeowners Association (HOA) Disclosure: This document outlines any restrictions or obligations imposed by an HOA, similar to the Florida form’s section on deed and association restrictions.
Condominium Disclosure: Like the HOA disclosure, this document provides information specific to condominiums, including fees and rules, paralleling the Florida form’s focus on community regulations.
Property Condition Disclosure: This document requires sellers to disclose known defects or issues with the property, akin to the detailed claims and assessments section of the Florida form.
Seller's Disclosure of Material Facts: This form mandates sellers to disclose any material facts about the property that could influence a buyer's decision, similar to the overarching goal of the Florida Seller Property form.
Environmental Hazard Disclosure: This document specifically addresses potential environmental hazards, paralleling the Florida form's inquiry about environmental issues and hazards.
Radon Gas Disclosure: Required in many states, this form informs buyers of radon gas risks, similar to how the Florida form addresses environmental hazards and the seller's knowledge of such risks.

Dos and Don'ts

When filling out the Florida Seller Property Disclosure form, it is crucial to follow guidelines that ensure clarity and compliance. Below is a list of things you should and shouldn't do:

Do provide accurate information about the property's condition and any known issues.
Do disclose any past or present water intrusion or damage.
Do mention any repairs or alterations made to the property, including permits obtained.
Do be honest about any existing legal or administrative actions affecting the property.
Do ensure that all sections of the form are completed to avoid misunderstandings.

Don't omit details about any known issues that could affect the property's value.
Don't provide misleading or false information, as this can lead to legal consequences.
Don't ignore questions regarding environmental hazards or past infestations.
Don't assume that the buyer will know about issues that are not readily observable.
Don't forget to sign and date the form, as this confirms your acknowledgment of the information provided.

Misconceptions

Misconception 1: The Seller Property Disclosure is a warranty.

Many people believe that the Seller Property Disclosure acts as a warranty for the property. In reality, it does not guarantee the condition of the property. Instead, it is a statement of the seller's knowledge about the property's condition at the time of sale.

Misconception 2: All defects must be disclosed by the seller.

Some assume that sellers must disclose every single defect in the property. However, sellers are only required to disclose known issues that materially affect the property's value and are not readily observable by buyers.

Misconception 3: The disclosure protects the buyer from all future problems.

Buyers often think that signing the disclosure protects them from future issues. This is not the case. The disclosure is based on the seller's knowledge and does not cover future problems that may arise after the sale.

Misconception 4: The form is only for residential properties.

Many people think the Seller Property Disclosure is only applicable to residential properties. However, while it is primarily used for residential transactions, similar disclosures can apply to other types of properties as well.

Misconception 5: A buyer does not need to conduct inspections if a disclosure is provided.

Some buyers believe that receiving the Seller Property Disclosure means they do not need to conduct their own inspections. This is a mistake. Buyers are strongly advised to obtain their own inspections to fully understand the property's condition.

Key takeaways

Disclosure Requirement: In Florida, sellers of residential properties must disclose all known facts that could negatively impact the property's value. This obligation extends to issues that are not easily visible to potential buyers.
Not a Warranty: The Seller Property Disclosure form does not serve as a warranty or guarantee regarding the property's condition. Buyers should still conduct their own inspections and seek warranties as needed.
Seller's Knowledge: The information provided in the disclosure is based solely on the seller's knowledge at the time of signing. If any details change, the seller must inform the listing broker promptly.
Legal and Financial Considerations: The form includes questions about legal actions, assessments, and homeowners' association fees. Sellers must be aware of any existing obligations or restrictions that could affect the sale.