A property disclosure statement is a written document provided by a seller of real property to the prospective buyer stating that the property has a material or significant problem or defect and disclosing the nature of the problem or defect—or stating the seller is unaware of any such problems or defects.
In Florida, a property disclosure statement is a document that a seller of real property is typically required to provide to a prospective buyer. The purpose of this statement is to disclose any known material defects or problems with the property that could affect its value or desirability. Florida law requires that sellers disclose facts materially affecting the value of the property that are not readily observable and are not known to the buyer. However, Florida does not have a specific statute that mandates a standard form for disclosures. Instead, the duty to disclose is based on case law, including the precedent set by the case Johnson v. Davis, which established that sellers must disclose known defects to buyers. It is common practice to use a standard disclosure form provided by the Florida Realtors association or one that has been drafted by an attorney to ensure all relevant information is provided and to help protect the seller from future liability.