There’s an old phrase that says “buyer beware.” While, to some extent, this holds true in real estate, the good news for buyers is there are a number of protections in place which are regulated by federal law. States can opt to add their own requirements.
Florida has exercised its right to enact several seller disclosure obligations into law. These protections are put into place to shield home buyers from fraud, property defects or other problems. In the Sunshine State, here are the primary disclosures home sellers are legally required to share with potential buyers.
All sellers are required to disclose what the State of Florida defines as “material facts.” This means they must inform a buyer about any facts not readily observable details about the property that might impact property value, health or safety. Examples include:
To summarize, a “material fact” is an existing condition that may have impacted a buyer’s decision to purchase, particularly those associated with major components of the home. This disclosure also applies to sellers listing their homes as “AS IS.”
It should be noted if any deaths, including homicide or suicide, occurred on the property, these are not considered to be material facts.
In the event a home has a pending code enforcement action against it, sellers are required to disclose this situation to potential buyers in writing. They must also provide the buyer with copies of all pleadings, notices and any other documents relating to the situation. This includes verbiage outlining the buyer assumes responsibility for any compliance remedies associated with the outcome if they purchase the property.
Sellers are required to provide a buyer before or during the execution of a purchase contract (or rental agreement lasting more than 45 days) information relating to the presence of radon gas. This requirement excludes unimproved properties, such as vacant land.
It’s also important to understand sellers only are required to disclose any defects they’re aware of. Florida State Law stipulates sellers aren’t held responsible for any defects they didn’t know or “should have known” about. If a dispute arises, the buyer is responsible for proving a seller did know about the defect.
Daniel j Leeder is a REALTOR®. A Legislative Committee member of Citrus County Realtors Association. He has an extensive history of business experience. Has been a franchise owner of Tropical Touch Auto Restoration an independent contractor for Colors on Parade Inc. for 29 years. A business owner, homeowner as well has closed on properties 75 times in 3 states.
Strength of Character and a drive to please in all capacities of business and personal relationships helps him be the best choice for your Real Estate needs. Real Estate can be complicated, you need a professional in your corner to help you through the little details, and contracts, showings, and legal issues that arise with the buying or selling of one of your most expensive assets. You don't trust your Business or Home to just anybody. Consider Listing or Buying with the Captain. He will NOT steer you wrong.