What is Duty to Disclose?

real estate agent with her buyer

Under Florida law, a seller is not required to provide a buyer a property disclosure form, however, realtors along with their sellers must notify buyers of any significant property defects that the seller is aware of and may not be easily visible to the buyer, which materially affect the residential real property’s value.

In the Johnson vs. Davis case, the Supreme Court of Florida maintained this duty of disclosure. The Supreme Court ruled that the home seller knows the facts that affect the property value and that these facts are not easily observable and are unknown to the buyer. Therefore, the seller is required by law to disclose these facts to the buyer. 

Please also note that even if the seller has an “as-is” clause in the sales contract, he/she still must adhere to these disclosure duties under Florida state law. Sellers are still required to notify buyers of all material deficiencies that they know about. 

How Does It Apply to Me?

If you are the seller, you must adhere to the letter of Florida law for any residential property, whether it’s a condo, house, townhouse, etc. 

If you are the buyer, the seller should’ve disclosed all the known significant defects. That way, you will know what to do concerning the significant defects and shouldn’t be unpleasantly surprised and even worse. 

On the other hand, if you were not given those facts known by the seller about those significant defects, you are likely to have to deal with paying for costly repairs.  

How an Attorney Can Help?

If you are going through a situation where the seller/realtors didn’t disclose the known significant defects of a residential property you purchased that were not visible to you, you must contact a reliable attorney. This type of lawyer is well-versed in every detail of Florida law concerning real estate sales. This attorney will also thoroughly look over any documents, emails, etc. to confirm there is a duty of disclosure from the seller. This attorney will also gather evidence to fight your case in court.  

On the other hand, this caliber of a lawyer will work for clients who may be sellers or realtors. The attorney will consult with these clients about their duty of disclosure. He/she will also inform clients of the repercussions if they don’t adhere to the duty of disclosure.

If they are facing a lawsuit for a claim stating that they didn’t disclose to the plaintiff, (buyer), the known significant defects, this attorney will gather evidence on their behalf and look over all the relevant documentation. 


For more information about the duty of real estate property disclosure laws, contact Ferrer Law Group today! Located in Weston, Florida, this Broward County lawyer has been providing legal services for a decade. 

This South Florida attorney has obtained results for their clients, and as a result, some prestigious organizations have given this lawyer recognition for their extraordinary legal representation. 

So, when it comes to South Florida real estate property law, you will be in great hands working with Ferrer Law Group. Contact them now! 

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