Seller’s Disclosures and Buyer’s Remorse:
What Florida Homebuyers and Sellers Need to Know
Buying or selling a home in Florida is a major milestone — and often one of the largest financial transactions you’ll ever make. But what if, after closing, a buyer discovers hidden defects that were not properly and legally disclosed? Or a seller faces claims they withheld information about a property’s condition?
Understanding Florida’s seller non-disclosure laws and the limits of buyer’s remorse can help protect everyone involved in a real estate transaction.
Florida law is clear: residential home sellers must disclose known facts that materially affect the value of the property and are not readily observable by the buyer. This rule comes from the landmark case Johnson v. Davis, which established a seller’s disclosure law.
Key points include:
●Sellers must disclose known defects, such as leaks, structural damage, or prior flooding
●Disclosures should be made in writing before closing, even if the sale is “as is”
Although Florida doesn’t require a specific state disclosure form, most agents use standardized forms approved by Florida Realtors® to help sellers meet their legal obligations.
What Sellers Must Disclose
“Material defects” are issues that could impact a buyer’s decision to purchase or affect the property’s value. Examples include:
●Roof, plumbing, or electrical problems
●Water intrusion, flooding, or mold
●Pest or termite infestations
●Structural or foundation issues
●Unpermitted additions or renovations
●Environmental hazards (such as radon or sinkholes)
A good rule of thumb for sellers: if you know about it, disclose it. Transparency can prevent costly disputes later.
Buyer’s Remorse vs. Legal Recourse
Feeling second thoughts after buying a home?… But buyer’s remorse is not a legal reason to undo a transaction.
Buyers, however, may have a valid claim if:
●The seller knew about a hidden problem and didn’t disclose it.
●The defect wasn’t visible or discoverable during a normal inspection.
●The issue materially affects the property’s value or safety.
In those situations, a buyer may seek:
Rescission of the sale (canceling the contract), damages to cover repair costs or loss in value, attorney’s fees, when provided by contract.
How to Protect Yourself
For Sellers:
Disclose all known issues in detail and in writing.
Keep copies of repair records and inspection reports.
Don’t assume “as-is” means “no disclosure required.”
For Buyers:
Always hire a licensed home inspector.
Ask specific questions about the property’s history and condition.
Review all disclosures and inspection reports carefully. Consult a Florida real estate attorney before closing if you have concerns.
When to Consult a Real Estate Attorney
Whether you’re a buyer who just found a serious hidden defect, or a seller facing a disclosure dispute, a Florida real estate attorney can help you understand your rights, gather evidence, and pursue or defend claims effectively. Early legal guidance can often prevent a simple misunderstanding from becoming a costly lawsuit.
If you’re facing a disclosure issue or real estate dispute in Florida, Kistemaker Business Law Group can help. We assist clients throughout Florida with seller disclosure claims, contract disputes, and property transaction issues.