By Linda Reynolds, Broker, Reynolds Realty Gulf Coast (License #BK3021695) · Updated November 2026
Quick answer: If you sell your Sun City Center home by owner, Florida still expects you to tell buyers about known problems that materially affect value and aren’t easy to see (the rule from the 1985 Johnson v. Davis case). On top of that, Florida statutes require specific notices at or before contract, including a flood disclosure, a property tax disclosure, a radon notice and, if you have an HOA or condo association, the association disclosures.
Selling your home yourself is a real option, and plenty of owners in Sun City Center and across Florida do it successfully. The part that surprises people is that skipping the listing agent doesn’t skip the paperwork. This guide walks through the FSBO disclosures in Florida that still land on you as the seller, in plain English, so you can decide how to handle them with clear eyes.
I’m not a lawyer, and nothing here is legal advice. Think of it as a checklist to take to a Florida real estate attorney or title company, who can confirm what applies to your specific home and contract.
What disclosures does a FSBO seller have to make in Florida?
A FSBO seller in Florida has the same disclosure duties as a seller who uses an agent. Florida isn’t a strict “buyer beware” state for homes. In Johnson v. Davis (1985), the Florida Supreme Court held that when a home seller knows of facts that materially affect the property’s value, that aren’t readily observable, and that the buyer doesn’t know about, the seller has a duty to disclose them.
In everyday terms, that means things you know about but a buyer couldn’t spot on a walk-through: a roof leak that was patched but still drips in heavy rain, a past plumbing failure behind a wall, or recurring water in the garage. Using an agent doesn’t create this duty, and selling by owner doesn’t remove it.
Which Florida notices are required by statute?
Beyond the general duty above, several Florida and federal rules require specific notices, most of them at or before the moment the buyer signs the contract. Here is a summary of the ones most residential sellers run into:
| Disclosure | Applies to | When | Source |
|---|---|---|---|
| Known hidden defects that affect value | All residential sellers | Before the buyer commits | Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) |
| Flood disclosure (flooding damage, flood claims, flood assistance) | Residential sellers | At or before contract | Fla. Stat. 689.302 |
| Property tax disclosure summary | Residential sellers | At or before contract | Fla. Stat. 689.261 |
| Radon gas notice | Sale of any building | At or before contract | Fla. Stat. 404.056(5) |
| Energy-efficiency rating information | Real property with a building | At or before contract | Fla. Stat. 553.996 |
| Lead-based paint disclosure, pamphlet and 10-day inspection opportunity | Homes built before 1978 | Before contract | EPA/HUD Lead Disclosure Rule |
| HOA disclosure summary | Homes in a mandatory HOA | Before the buyer signs | Fla. Stat. 720.401 |
| Condominium resale documents | Condo units | With a 7-business-day review window | Fla. Stat. 718.503(2) |
Standard Florida purchase contract forms often build several of these notices in (the radon and property tax language, for example). If you’re writing your own contract or using a generic one, that’s exactly where gaps tend to show up, so have an attorney or title company review it.
What changed with Florida’s flood disclosure?
Florida added a required flood disclosure for residential sales in 2024 (section 689.302), and the Legislature expanded it in 2025. According to Florida Realtors, the updated version took effect October 1, 2025.
The disclosure is due at or before the contract is signed. It reminds the buyer that standard homeowners’ insurance doesn’t cover flood damage, and it asks you to state whether you:
- Know of flooding that damaged the property while you owned it
- Filed a flood insurance claim, including with the National Flood Insurance Program
- Received assistance to repair flood damage, including from FEMA
The statute defines flooding broadly, including overflow of inland or tidal waters, rapid runoff from an established source such as a drainage ditch, and sustained standing water from rainfall. If you aren’t sure how a past water event fits, talk with an attorney before you answer.
Does a Sun City Center HOA or condo association add disclosures?
Yes, and this is a big one locally because so many South Hillsborough homes sit inside associations. Before you list, find out whether your home is governed by a homeowners’ association (Chapter 720) or a condominium association (Chapter 718). In communities like Kings Point, check your deed and association documents rather than guessing, because the paperwork differs.
- HOA homes: Section 720.401 says the buyer must receive the HOA disclosure summary before signing. If they don’t, the contract is voidable by the buyer within 3 days after receiving the summary or before closing, whichever comes first, and the buyer can’t waive that right.
- Condo units: Under section 718.503(2), a resale buyer who asks in writing is entitled to a set of documents at the seller’s expense, including the declaration, bylaws and rules, the annual budget and financial statement, and the most recent structural integrity reserve study (or a statement that none exists), among others. The buyer can cancel within 7 days, excluding weekends and legal holidays, after signing and receiving them.
If you want a refresher on what local associations charge and cover, my post on Sun City Center HOA and CSA fees is a good starting point.
What don’t you have to disclose in Florida?
Florida law carves out a few things. Under section 689.25, it is not a material fact that must be disclosed that a property was the site of a death, homicide or suicide, or that an occupant had HIV or AIDS. That statute also says no claim arises against the owner for not disclosing those facts.
One related note: community development district (CDD) disclosure language under section 190.048 is required in contracts for the initial sale of a parcel, which usually means the builder. If your home is in a CDD, it’s still helpful to share what you pay, but ask your attorney whether any specific language belongs in your resale contract.
A simple FSBO disclosure checklist before you list
- Write down every repair, leak, insurance claim and known issue during your ownership, with dates and receipts.
- Pull your flood history: any flood claims, FEMA or other assistance, and any flooding that caused damage.
- Find out the age of your home (pre-1978 triggers the lead rules) and gather any inspection reports you have.
- Contact your HOA or condo association early for the disclosure summary or resale documents.
- Use a Florida purchase contract that includes the required notices, and have it reviewed by an attorney or title company.
- Keep signed copies of everything you gave the buyer.
If you’re weighing whether to sell on your own or list, I wrote about the trade-offs of selling your house on your own, and my guide to getting your home ready to sell covers prep that helps either way. You’ll also find more checklists in my free seller and buyer guides.
Selling by owner can work well when you’re organized about these steps. The goal isn’t to scare anyone off the idea; it’s to make sure the buyer gets what Florida expects them to get, so your sale closes cleanly.
Frequently Asked Questions
Do I have to fill out a seller’s disclosure form if I sell by owner in Florida?
Florida’s general duty to disclose comes from case law, not from one mandatory state form. Many sellers use a written disclosure form anyway because it documents what they told the buyer. An attorney can tell you which form fits your situation.
Can I avoid disclosure by selling my house as is?
Selling as is generally speaks to repairs, not to telling buyers what you know. Florida’s duty to disclose known, hidden defects that affect value is separate. Ask a real estate attorney how an as-is contract applies to your sale.
What flood information do Florida sellers have to disclose?
Under section 689.302, sellers must tell buyers at or before contract whether they know of flooding that damaged the property while they owned it, whether they filed a flood insurance claim, and whether they received help paying for flood damage, such as from FEMA. The 2025 update to this rule took effect October 1, 2025.
Does a Sun City Center HOA or condo change what I must provide?
Yes. A home in a homeowners’ association needs the HOA disclosure summary before the buyer signs, and a condominium resale has its own document list and a 7-business-day cancellation window. Check with your association about which applies to your home.
Do I have to disclose a death in the home in Florida?
No. Section 689.25 says a death, homicide or suicide at the property, and an occupant’s HIV or AIDS status, are not material facts that must be disclosed.
Sources
- Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), via Justia
- Florida Statutes 689.302, Flood disclosure (Florida Senate)
- Florida Realtors, Florida expands flood disclosures (September 2025)
- Florida Statutes 689.261, Property tax disclosure summary
- Florida Statutes 404.056, Radon notification
- Florida Statutes 553.996, Energy-efficiency rating information
- EPA, Lead-Based Paint Disclosure Rule
- Florida Statutes 720.401, HOA disclosure summary
- Florida Statutes 718.503, Condominium resale disclosures
- Florida Statutes 689.25, Facts not material
- Florida Statutes 190.048, CDD sales disclosure
If you’d like help with this, call or text me at 941-737-6562 or reach out through reynoldsrealty.com.
Linda Reynolds | Reynolds Realty Gulf Coast
Clear Answers. Strategic Solutions. Local Expertise.