By Glen Bigness, Realtor, Premiere Plus Realty. Updated November 15, 2026.

Honest, complete disclosure protects you as a seller. It builds buyer confidence, keeps the deal together through inspections, and lowers the risk of a dispute after closing. Florida's rules have changed in the last two years, especially on flooding. Here is what Southwest Florida sellers need to know.

Waterfront home in Southwest Florida

1. The Florida flood disclosure (required)

Since October 1, 2024, Section 689.302, Florida Statutes requires every seller of residential property to give the buyer a written flood disclosure at or before the time the contract is signed. The law was expanded on October 1, 2025. The disclosure covers:

  • Whether you know of flooding that damaged the property while you owned it.
  • Whether you filed a flood insurance claim, with any insurer, including the National Flood Insurance Program.
  • Whether you received federal or other assistance for flood damage.

The form also reminds buyers that standard homeowners policies don't cover flood. After recent storms, many Southwest Florida owners have something to report. That is normal here, and a clear answer with repair records reassures buyers far more than a vague one.

2. Known defects that aren't easy to see

Under the Florida Supreme Court's decision in Johnson v. Davis (1985), a seller who knows of a fact that materially affects the property's value, and that the buyer can't readily see, must disclose it. Common examples in Naples and Marco Island:

  • Roof leaks or roof age, and past water intrusion
  • Seawall cracks, dock damage or boat lift problems
  • Open or unpermitted work, including additions and enclosures
  • Plumbing, drainage, mold or termite history
  • Pending special assessments or known association repairs

Most sellers complete a Seller's Property Disclosure form. When in doubt, disclose and attach the paperwork.

3. Disclosures built into the Florida contract

  • Radon gas notice, required in Florida sales contracts.
  • Property tax disclosure summary, which tells the buyer not to rely on your tax bill because taxes can change after a sale. With Amendment 3 passed, this matters more than ever.
  • Homeowners' association disclosure for homes in an HOA, covering membership and assessments.
  • Lead-based paint disclosure for homes built before 1978 (federal).

4. Condo sellers: the document package

Condo buyers now get association documents, including milestone inspection reports and the structural integrity reserve study (SIRS) where they apply, and have a 7-business-day review period after receiving them. Missing or wrong answers can let the buyer cancel. See selling a condo under Florida's condo laws.

5. Waterfront and acreage sellers

Have your seawall, dock and lift records, permits and any engineering reports ready, plus your elevation certificate if you have one. For horse property, disclose well and septic details, easements and any agricultural classification. See selling a waterfront home and selling horse property.

Seller disclosure checklist

  • Flood disclosure form, completed and signed before the contract
  • Seller's property disclosure, with repair and permit records attached
  • Insurance claims history and your current insurance and flood premiums
  • Elevation certificate, if available
  • Roof permit and age, hurricane protection details, wind mitigation report
  • HOA or condo documents, budget, and any assessment notices

Frequently asked questions

Do I have to disclose flooding in Florida?

Yes. Florida's flood disclosure is required for residential sales, delivered at or before signing the contract, and covers flood damage during your ownership, flood claims and flood assistance.

What if I sell "as is"?

An as-is contract limits repair obligations, but it does not remove your duty to disclose known material defects or to provide the flood disclosure.

Should I get a pre-listing inspection?

Often, yes, especially for older homes, roofs over 10 years old and waterfront homes. It lets you fix or disclose issues on your terms.

Selling soon? Let's prepare it right

I'll help you assemble your disclosure package before you list, so there are no surprises during the buyer's inspection. Call or text Glen Bigness at 239-272-4663 or email glenbigness@gmail.com.

More seller guides: All seller guides | How to price your home | Closing costs and net proceeds | Selling your property

General information, not legal advice. Disclosure duties depend on the facts; consult a Florida real estate attorney about your situation. Sources: F.S. 689.302; Florida Realtors; Henderson Franklin on SB 948 (2025).