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Fill Out a Valid Florida Seller Property Template

The Florida Seller Property Disclosure form is an essential document for anyone selling residential property in Florida. It serves to inform the buyer about the condition of the property, including any known issues that might affect the property's value which are not obvious upon inspection. This form helps sellers comply with Florida law by ensuring they share important details about the property's condition, thereby assisting buyers in making informed decisions.

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Fill Out a Valid Florida Seller Property Template

Table of Contents

In Florida, navigating the intricacies of selling residential property involves a crucial step for sellers—completing the Seller’s Property Disclosure form. This document serves as a pivotal tool to uphold transparency in the real estate transaction process, offering a detailed account of the property's condition as known by the seller. Designed to safeguard both the seller's and buyer’s interests, it ensures compliance with Florida’s disclosure laws by requiring sellers to reveal any known defects or conditions that could significantly impact the property's value. These disclosures encompass a broad spectrum of information, from the functionality of appliances and the presence of environmental hazards to the adherence to local zoning regulations and any potential legal encumbrances that might affect the property. Importantly, this form is not a guarantee of the property's condition but rather a statement of the seller’s knowledge at the time of signing, emphasizing the buyer's responsibility to conduct thorough due diligence through independent inspections. By bridging the gap between seller knowledge and buyer discovery, the Seller’s Property Disclosure form stands as a foundational element of the real estate transaction in Northeast Florida, fostering a climate of trust and reducing the likelihood of post-sale disputes.

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SELLER’S PROPERTY DISCLOSURE

COPYRIGHTED AND SUGGESTED FOR USE BY THE MEMBERS OF THE

NORTHEAST FLORIDA ASSOCIATION OF REALTORS®, INC.

NOTICE TO SELLER

In Florida, a seller of residential property is obligated to disclose to a buyer all facts known to a seller that materially and adversely affect the value of the Property being sold which are not readily observable by a buyer. This Disclosure is designed to assist a seller in complying with the disclosure requirements under Florida law and to assist a buyer in evaluating the Property described below (“the Property”). All parties, including the listing real estate Broker(s) and cooperating Broker(s), may wish to refer to this information when they evaluate, market or present the Property to prospective buyers.

NOTICE TO BUYER

This Disclosure is not a warranty by SELLER or a representation of any kind by any REALTOR to this transaction and is not considered a substitute for inspections or warranties a buyer may wish to obtain. This Disclosure is based only upon SELLER’s knowledge of the Property’s condition as of the date signed by SELLER.

SELLER ____________________________________________________________________________________________________

Street Address ____________________________________________________________________________________________


City ________________________________________________________________________ State ___________			Zip _________
Year Built: ___________	Date SELLER purchased Property: ________________________
Is each individual named above a U.S. Citizen or resident alien?		Yes	No
Do you currently occupy the Property?		Yes	No
If not, when did you vacate the Property? ________________________________________
Is the Property tenant occupied?		Yes	No
If yes, is there a written lease?		Yes	No
Date lease began _____________________ Deposit amount $____________		Date lease ends _______________________
Monthly payment due under lease $________________________________		Date payable _________________________

1.PROPERTY INFORMATION: The Property has the items checked below, which are installed and, to SELLER’s actual knowledge, are in working condition unless otherwise indicated:

Range	Brand: _____________________			Refrigerator		Brand: ____________________
Oven	Brand: _____________________			Microwave Oven		Brand: ____________________
Dishwasher	Brand: _____________________			Washer		Brand: ____________________
Disposal	Brand: _____________________			Dryer		Brand: ____________________
Trash Compactor	Brand: _____________________			Fireplace	Gas Logs		Wood burning		Electric
Ceiling Fans - Number of fans:____________________				Smoke Detectors
Intercom				Security System			Owned	Leased
Audio Visual System Wiring				Window/Wall a/c(s) - Number of units:_____________
Light Fixtures				Built In Generator
Bathroom Mirrors				Wine Cooler			Built-in	Free Standing
Drapery Hardware				In-ground Pool
All Window Treatments				Above Ground Pool
Garage Door Opener(s) and Number of Control(s): _______				Pool Fence/Barrier
Security Gate and other Access Devices				Pool Sweep
Pool Heater				Solar Panels
Storage Shed				Individual Mail Box
Mounted/Installed Speakers				Cluster Mail Box and Key - Box Number________
TV Antennae/Satellite Dish		Owned	Leased
Water Softener/Treatment System		Owned	Leased
Storm Shutters and Panels
Spa or Hot Tub with Heater
Sauna
Built In Grill	Gas Supply:	Utility	Bottled/Tank
Irrigation System	Full	Partial
Water Heater:	Electric	Gas	Solar Brand: _____________________

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2.CLAIMS AND ASSESSMENTS:

a.Are you aware of any existing, pending or proposed legal or administrative action affecting the Property?

b.Are you aware of any existing or proposed municipal or county special assessments affecting the

Yes No

Property?

c.Have any local, state or federal authorities notified you that repairs, alterations or corrections

Yes No

to the Property are required?

Yes No

d.Are you aware of any existing, pending or proposed legal action or administrative action affecting homeowners’/condominium association common areas (such as clubhouse, pools, tennis courts,

walkways or other areas)?

Yes No

If yes to any of these items, please explain: _________________________________________________________________

________________________________________________________________________________________________________

3.DEED/HOMEOWNERS’/CONDOMINIUM ASSOCIATION RESTRICTIONS:

a.Are there any deed, homeowners’ or condominium restrictions?

b.Is there a mandatory homeowners’ or condominium association?

Yes No Yes No

If yes, please see Homeowners’ Association/Community Disclosure Addendum or Condominium Rider

Fees are payable to: _______________________________________________________________________________________

Payee’s address:__________________________________________________________________________________________

Payee’s phone number:_____________________________________________________________________________________

Homeowners’ Association fees and assessments are payable in the amount of	$__________ per ___________
Master Association fees and assessments are payable in the amount of	$__________ per ___________
Condominium Association maintenance fees are payable in the amount of	$__________ per ___________
Condominium Association special assessment fees are payable in the amount of	$__________ per ___________
________________________ fees or assessments are payable in the amount of	$__________ per ___________
________________________ fees or assessments are payable in the amount of	$__________ per ___________
________________________ Association transfer/access fees payable by BUYER	$__________
________________________ Association Capital Contribution fee payable by BUYER	$__________
c. Are you aware of any pending special assessment(s)? If yes please explain:	Yes No

	________________________________________________________________________________________________________
	________________________________________________________________________________________________________
d.	Are all of your Association fees current?	Yes	No
e.	Are you aware of any proposed changes to any of the restrictions?	Yes	No
f.	Are there any resale restrictions?	Yes	No
g.	Are there any restrictions to leasing the Property?	Yes	No

h.Are you aware of any violations of the restrictive covenants affecting the Property including failure

to obtain Association approval for improvements or changes to the Property?	Yes	No
i. Is the Property part of a Community Development District (CDD)?	Yes	No

If yes, please see Community Development District Acknowledgment.

4.ENVIRONMENT:

a.Was the Property built before 1978?

Yes

If yes, complete the Lead-Based Paint Disclosure.
b. Are there or have there been any substances, materials or products which may be an
environmental hazard such as, but not limited to, asbestos, urea formaldehyde, methamphetamine,
radon gas, mold, lead-based paint, defective drywall, defective flooring, fuel oil, propane or chemical
storage tanks (active or abandoned), or contaminated soil or water on the Property?	Yes No Unknown

c.Has there been any clean up, repair or remediation of the Property due to any of the substances,

materials or products listed in subsection (b) above?

Yes No Unknown

d.Are there any wetlands, conservation easements/buffers, archeological sites or other

environmentally sensitive areas located on the Property active or abandoned?

Yes No Unknown

If yes to any of these items, please explain:__________________________________________________________________

_______________________________________________________________________________________________________

5.ROADS/LAND USE

a.Are access roads Public Private?

b.Is the Property zoned for its current use?

c.Are there any restrictions governing reconstruction of the Property following casualty loss or damage

Yes No Unknown

(e.g. for oceanfront or historic district properties)?

Yes No Unknown

If yes to any of these items, please explain:__________________________________________________________________

_______________________________________________________________________________________________________

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6.ADDITIONS/REMODELING/INSURANCE CLAIMS

a.Has there been any structural damage or damage to personal property which may have resulted

from casualties including, but not limited to, fire, wind, water, flood, hail or sinkholes?	Yes	No Unknown
b. If yes, are you aware if any insurance claims were filed?	Yes	No
c. Have you made any additions, structural changes or other alterations to the Property?	Yes	No
If yes, did you obtain all necessary permits?	Yes	No
d. Was any of the work in violation of any building codes?	Yes	No

e.Were there any additions, structural changes or other alterations made to the Property by any

previous owner?

Yes No Unknown

f.Please provide the name of any contractor or individual who constructed any addition or made any

structural change to the Property. ____________________________________________________________________________

g.Are you aware of any active or open permits on the Property which have not been closed by a final

inspection?

Yes No

If yes to any of these items, please explain: _________________________________________________________________

_______________________________________________________________________________________________________

7.ROOF-RELATED ITEMS

a.	What is the approximate age of the roof? __________________	Unknown
b.	Has the roof leaked during your ownership of the Property?	Yes	No
	If yes, what was done to correct the leak(s)? _________________________________________________________________
c.	Has the roof been replaced or repaired during your ownership of the Property?	Yes	No
	If replaced or repaired, please provide the date and name of contractor

_________________________________________________ is there a transferable warranty?

If yes, please provide a copy of the warranty.

8.POOL/SPA OR HOT TUB

Yes No

a.Does the Property have any of the following?

Pool/Spa Heater	Yes	No	Type:	Gas	Electric	Solar
Pool Sweep	Yes	No
Spa/Hot Tub	Yes	No	Type:	Gas	Electric
b. Have repairs ever been made to any item mentioned above?						Yes No Unknown

If yes, please explain______________________________________________________________________________________

c.What type of pool/spa or hot tub chlorination system do you have? (salt or chlorine) _____________________________________

d.The pool/spa has the following safety features (as defined by Section 515, Florida Statutes):

Enclosure that meets the pool barrier requirements Required door and window exit alarms

Approved safety pool cover Required door locks

9.HEATING AND AIR CONDITIONING Please indicate existing equipment:

a.Air Conditioning:

b.Heating:

Central Central

Electric	Brand Name: ____________________ Age ____
Electric	Gas	Fuel Oil Brand Name: __________________ Age ____

c.If heat pump, type: _____________________

d.	Air condenser age ___________ Air handler age __________
e.	Window/Wall Unit (s) ______ Number and location of units included in sale: ___________________________________________

f. Solar Heating:

Owned

Leased

g.Do you have any fuel storage tanks?

If yes,

Underground

Above ground

Both

h.Are you aware of any malfunction, condensation problem or defect regarding these items or

Yes No

ductwork since you have owned the Property?

Yes No

If yes, explain: ___________________________________________________________________________________________

10. WATER INTRUSION
a. Are you aware of any past or present water intrusion, accumulation of water or dampness
affecting the Property, including any crawl spaces?	Yes No

	If yes, please explain______________________________________________________________________________________
b.	Are you aware of any attempts to control any water or dampness problems, including in any crawl	Yes	No
	spaces?
c.	Are you aware of any insurance claims filed for water intrusion?	Yes	No

If yes, please indicate when and the disposition ______________________________________________________________

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11.	SINKHOLES, SETTLING AND SOIL MOVEMENT
a.	Are you aware of any past or present settling, soil movement or sinkhole(s) affecting the Property?	Yes	No
	If yes, please explain:____________________________________________________________________________________
b.	Are you aware of any insurance claims filed for a sinkhole with an insurance company?	Yes	No
	If yes, has the claim has been completely settled with your homeowner’s insurance company?	Yes	No
	If yes, was the full amount of the claim proceeds used to repair the sinkhole damage?	Yes	No
12.	WINDOWS/DOORS/LOCKS

a.Are the windows insulated glass?

b.Are any windows low ”e” filtered windows?

c.Are there any fogged windows?

d.Are any windows broken or cracked?

e.Do all operable windows open, stay open, close and lock properly?

f.Are any screens missing or damaged?

g.Do all doors operate properly?

Yes No Unknown

Yes No

13.	PLUMBING
a.	Are you aware of any problems with the plumbing system?	Yes	No
b.	Are you aware of any polybutylene pipes on the Property?	Yes	No
c.	Are you aware of any leaks, back-ups, water or sewer/septic tank problems?	Yes	No

d.What is your drinking water supply source? Public Private Well on Property Shared well

e.	If your water is from a well, have there ever been repairs/replacements to the well or pump?	Yes	No	Unknown
f.	Has the well water ever been tested?	Yes	No	Unknown
g.	Do you have a separate water supply source for irrigation?	Yes	No

h.If yes, Irrigation Meter Shallow Well

i.	What type of sewage system do you have?		Public	Private	Septic Tank(s)
	If septic, how many? _____________________ Locations: _______________________________________________________
	When was septic tank last pumped? ________________________ Age of septic tank if known: ____________________________
	Age of drain field if known: _______________________________
j.	Number of water heaters? _____	Electric	Gas	Solar	Tankless

If yes to any of these items, please explain: ___________________________________________________________________

________________________________________________________________________________________________________

14. ELECTRICAL SYSTEM

a.Are you aware of any damaged or malfunctioning switches, receptacles, wiring or any problem with

	the electrical system?	Yes	No
	If yes, please explain: _____________________________________________________________________________________
b.	Does the Property have any aluminum wiring?	Yes	No Unknown
15.	EXCLUSIONS/LEASED SYSTEMS
a.	Are there any items that are affixed to the Property that are excluded from the sale?	Yes	No
	If yes, please itemize: _____________________________________________________________________________________
b.	Is there any leased equipment included in the sale?	Yes	No
	If yes, please itemize: _____________________________________________________________________________________

16. WOOD-DESTROYING ORGANISMS

a.Are you aware of any past or present infestation or damage to the Property caused by any

wood-destroying organisms, including fungi?

Yes No

If yes, please explain: _____________________________________________________________________________________

b.Is the Property currently under service agreement or bond for wood-destroying organisms with

a licensed pest control company?

Yes No

If yes, with what company and renewal date?_________________________________________________________________

Is the service agreement or bond transferable?

Yes No

If yes, please attach a copy of the service agreement or bond.
c. Do you know of any wood-destroying organism reports on the Property issued in the past five years?	Yes No

If yes, please explain and attached a copy if available:__________________________________________________________

________________________________________________________________________________________________________

17. FLOOD ZONE/DRAINAGE/BOUNDARIES

a.Is any portion of the Property in a special flood hazard area for which a lender may require flood insurance?

If yes, please attach a copy of the flood elevation certificate if available.

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b.Are you aware of any past or present drainage/flood problems affecting the Property?

c.Are you aware of any encroachments or boundary line disputes affecting the Property?

d.Are you aware of any shared access/driveway, dock, well or other joint use agreements? If yes, oral written. If written, please attach a copy.

e.Are you aware of any easements affecting the Property other than utility easements?

f.Do you have a survey map of the Property?

If yes, please attach a copy.

18. OTHER MATTERS

Yes No

Yes No Yes No

a. Does anyone, including any owner’s association, have a right of first refusal or an option to buy
the Property?	Yes	No
b. Are you aware of any existing or threatened legal action affecting you or the Property?	Yes	No .
c. Does the Property currently have homestead tax exemption? If yes, for which year? ___________	Yes	No

d.Water/Sewer Provider: _____________________________________________________________________________________

Garbage Pick-up Provider: ____________________________ Gas/Fuel oil Provider: ___________________________________

Electricity Provider: ________________________________________________________________________________________

eIs there anything else you feel you should disclose to a prospective buyer that may materially

adversely affect the value or desirability of the Property?

Yes No

If yes to any of these items, please explain: __________________________________________________________________

________________________________________________________________________________________________________

SELLER represents that the information set forth in this Property Disclosure is accurate and complete to the best of SELLER’s knowledge. SELLER does not intend this Disclosure to be a warranty or guaranty of any kind. SELLER hereby authorizes the listing Broker to provide a copy of this Disclosure to prospective buyers of the Property and to real estate brokers and licensees. SELLER

shall notify the listing Broker in writing immediately if any information set forth in this Disclosure becomes inaccurate or incorrect.

___________________________	____________	___________________________	____________
SELLER	DATE	SELLER	DATE
___________________________	____________	___________________________	____________
SELLER	DATE	SELLER	DATE

RECEIPT AND ACKNOWLEDGMENT BY BUYER

BUYER hereby acknowledges receipt of a copy of this Property Disclosure. BUYER is strongly advised to obtain Property inspection(s) as provided for in the Purchase and Sale Agreement and Deposit Receipt. BUYER should select professionals with appropriate qualifications to conduct inspections. BUYER acknowledges that this Property Disclosure is not intended as a warranty or guaranty of any kind by SELLER.

BUYER hereby acknowledges that SELLER’s representations are made to BUYER based on SELLER’s knowledge and, further, that it is BUYER’s responsibility to have the Property inspected. The statements in this Disclosure are those of SELLER only. The Brokers and their licensees do not warrant or guarantee the statements contained in this Property Disclosure or the condition of the Property and are not responsible for the condition of the Property. BUYER understands that the Property is being sold in its present condition unless otherwise agreed upon in the Purchase and Sale Agreement and Deposit Receipt.

___________________________	____________	___________________________	____________
BUYER	DATE	BUYER	DATE
___________________________	____________	___________________________	____________
BUYER	DATE	BUYER	DATE

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Get PDF Form

Document Overview

Fact Name	Description
Origin	This form is copyrighted and suggested for use by the Northeast Florida Association of Realtors®, Inc.
Purpose of Disclosure	Assists in complying with Florida law by disclosing all known facts by the seller that materially affect the value of the property but are not obvious to the buyer.
Notice to Seller	Highlights the obligation of the seller to disclose facts that adversely affect the property value.
Notice to Buyer	Clarifies that the disclosure is not a warranty and is based on the seller's knowledge at the time of signing; it underscores the importance of buyer-conducted inspections.
Governing Law	Florida law requires sellers to disclose known defects that could materially affect the property's value to potential buyers.
Acknowledgment by Seller and Buyer	The form contains sections for both seller and buyer to acknowledge the disclosure, emphasizing that it is based on the seller’s knowledge and reminding the buyer of the importance of obtaining inspections.

Instructions on How to Fill Out Florida Seller Property

Before beginning the process of filling out the Florida Seller Property Disclosure form, it's important to gather all relevant information about the property in question. This form is a critical part of the real estate transaction, designed to assist sellers in disclosing known facts that might materially and adversely affect the property's value to potential buyers. It serves as a concise summary of the property's condition, based on the seller's knowledge at the time of filling out the form. Ensuring the accuracy of this information is paramount, as it not only impacts the buyer's decision but also protects the seller from potential future disputes. Proceed step by-step to ensure thorough and accurate completion of the form.

Start by filling in the Seller section at the top of the form. Include your complete name, street address, city, state, zip, the year the property was built, and the date you purchased the property.
Answer questions regarding your citizenship status, occupancy of the property, and whether the property is currently tenant-occupied, including details about any lease agreements.
In the Property Information section, check off all items that are present and in working condition on the property, indicating brand and quantity where applicable.
Address Claims and Assessments by disclosing any legal, administrative actions, or special assessments affecting the property.
Fill out the Deed/Homeowners’/Condominium Association Restrictions section, including details about any fees, restrictions, and if the association fees are up to date.
Under Environment, disclose any environmental hazards or compliance with historic or conservation easements.
In Roads/Land Use, indicate access road status, zoning compliance, and any reconstruction restrictions.
Detail any Additions/Remodeling/Insurance Claims, including structural changes, permits, insurance claims, and contractor information.
For Roof-Related Items, note the age of the roof, any leaks or repairs, and provide warranty information if available.
Discuss the Pool/Spa or Hot Tub, including type, repairs, and safety features in compliance with Florida Statutes.
Describe the heating and air conditioning systems, including types, brands, ages, and any known issues.
Address Water Intrusion, detailing any past or present issues, attempts to control problems, and any related insurance claims.
Reveal any information about Sinkholes, Settling, and Soil Movement, including past incidents and insurance claims related to these issues.
Examine Windows/Doors/Locks, noting the condition and functionality of these items.
Comment on the Plumbing system, detailing any known problems, types of pipes, water source, and sewage system.
Inspect the Electrical System, indicating any known issues or the presence of aluminum wiring.
Note any Exclusions/Leased Systems, listing affixed items not included in the sale and any leased equipment.
Discuss Wood-Destroying Organisms, including past infestations, current treatments, and service agreements.
Address Flood Zone/Drainage/Boundaries, detailing any flood hazards, drainage issues, or boundary disputes.
Complete the Other Matters section, covering a range of potential concerns from legal actions to utilities and anything else that might materially affect the property's value or desirability.
Finally, sign and date the form, confirming the accuracy and completeness of the information provided to the best of your knowledge.

After accurately completing the Florida Seller Property Disclosure form, the seller has taken a vital step in providing transparency about the property's condition. This not only facilitates a smoother transaction by ensuring that all parties are well-informed but also helps to protect the seller from potential legal issues that could arise from undisclosed information. Remember, this form is a key document in the real estate process, and its accuracy is essential for a fair and legal sale of the property.

Listed Questions and Answers

What is the purpose of the Florida Seller's Property Disclosure?

The purpose of the Florida Seller's Property Disclosure is to assist sellers in complying with Florida law which requires them to disclose all facts known to them that materially and adversely affect the value of the property being sold and are not readily observable by a buyer. It helps buyers in evaluating the relevant information about the property's condition, thereby making a more informed purchasing decision.

Is the Seller's Property Disclosure considered a warranty?

No, the Seller's Property Disclosure is not considered a warranty by the seller or any representation by realtors involved in the transaction. It is intended to provide information based on the seller's knowledge of the property's condition as of the date the document is signed and does not substitute for inspections or warranties the buyer may wish to obtain.

Are there any obligations for the seller if the information on the Disclosure changes?

Yes, if any information contained in the Disclosure becomes inaccurate or incorrect after it has been provided, the seller is obligated to notify the listing broker in writing immediately about the changes. This ensures that all parties have the most current and accurate information regarding the property's condition.

Does the Disclosure document cover claims and assessments on the property?

Yes, the Disclosure document includes sections that ask the seller to disclose any existing, pending, or proposed legal or administrative action affecting the property, as well as any municipal or county special assessments. Sellers are also asked to disclose information regarding any notices from local, state, or federal authorities requiring repairs, alterations, or corrections to the property.

What should a buyer do after receiving the Seller's Property Disclosure?

After receiving the Seller's Property Disclosure, buyers are strongly advised to obtain their own independent property inspections. Hiring professionals with appropriate qualifications to conduct these inspections is crucial for a comprehensive evaluation of the property's condition. This helps the buyer to understand the property beyond the information disclosed by the seller, ensuring an informed purchase decision is made.

Can a buyer rely solely on the information provided in the Seller's Property Disclosure?

No, while the Seller's Property Disclosure provides valuable information based on the seller’s knowledge, it is not an exhaustive assessment of the property's condition. Buyers are responsible for conducting their own due diligence through professional inspections. This Disclosure is supplemental and does not guarantee the condition of the property, nor does it replace the need for detailed property inspections.

Common mistakes

Completing the Florida Seller Property Disclosure form requires attention to detail and a thorough understanding of the property in question. Neglect or errors can lead to potential legal complications and jeopardize the sale. Below are six common mistakes made when filling out the form:

Overlooking known defects: Sellers sometimes fail to disclose known issues with the property, whether intentionally or due to oversight. This can include anything from small, seemingly insignificant repairs to major structural problems. It's crucial to be honest and transparent about the property's condition.
Inaccurate information about appliances: The form asks for detailed information about the appliances included in the sale, such as whether they are in working condition. Inaccuracies here, whether mistakes or misunderstandings about what constitutes 'working condition', can lead to disputes post-sale.
Assuming rather than verifying information: Some sellers complete sections based on assumptions rather than verifying the accurate details. This can particularly happen with the age of systems like the roof, HVAC, or water heater. Guessing or estimating can lead to misrepresentation allegations.
Forgetting to update the form: After initially completing the disclosure, any changes in the property's condition or new discoveries must be updated on the form. Sellers sometimes forget to revise the disclosure, leading to discrepancies between the reported and actual state of the property at closing.
Overlooking the legal and administrative sections: Sections related to legal actions, assessments, or claims can be confusing. However, overlooking or incorrectly filling out these sections can have significant implications. This includes not disclosing existing legal actions or being unaware of pending assessments that affect the property.
Neglecting to mention past repairs: Sellers might not consider past repairs or remediations important to disclose, especially if the issues were fully resolved. However, details of past issues, even if fixed, can be crucial for a buyer's decision-making process and are required by the disclosure laws.

Understanding and avoiding these common mistakes can help ensure a smoother transaction process, minimize legal risks, and uphold transparency and trust between the seller and the buyer.

Documents used along the form

When engaging in a real estate transaction in Florida, particularly in selling property, various forms and documents complement the Florida Seller's Property Disclosure to ensure a smooth and informed process. These additional forms not only provide detailed information about the property but also facilitate compliance with state laws and regulations, helping both the seller and the buyer make well-informed decisions.

Lead-Based Paint Disclosure: This document is crucial for homes built before 1978. It requires sellers to disclose any known information on the presence of lead-based paint and lead-based paint hazards in the property. Buyers are also given a 10-day period to inspect for lead-based paint.
Homeowners' Association/Community Disclosure Addendum: For properties that are part of a homeowners' association (HOA) or a similar community organization, this addendum details the association's fees, rules, and any other special assessments that might impact the buyer.
Flood Zone Statement: In Florida, properties may be located in areas that are prone to flooding. A Flood Zone Statement informs the buyer if the property is situated within a flood hazard area, which may require flood insurance.
Community Development District Disclosure: If the property is located within a Community Development District (CDD), this disclosure is necessary to inform the buyer of any additional taxes or fees associated with the CDD. This information can influence the buyer's decision as it affects the overall cost of owning the property.

When presented alongside the Florida Seller's Property Disclosure, these documents offer a fuller picture of the property and its surroundings. They play an essential role in ensuring transparency in the transaction, protecting the interests of all parties involved by providing critical information that may affect the property's value and desirability. While the Seller's Property Disclosure highlights the condition of the property and any significant facts the seller is aware of, these additional documents delve into specific areas that require separate disclosures under Florida law. Together, they form a comprehensive packet of information that facilitates informed decision-making in the real estate transaction process.

Similar forms

The Florida Seller Property form is similar to other real estate disclosure documents used across the United States, but there are a few that stand out due to their specific purposes or similarities in the information they require from the seller. These include the Residential Property Disclosure Form common in many states, the Lead-Based Paint Disclosure, and the Homeowners' Association (HOA) and Condominium Association Disclosures. Each of these documents serves to inform potential buyers about the condition of the property, any hazards or legal obligations, and to ensure transparency in the real estate transaction process.

The Residential Property Disclosure Form, found in many states, shares a core objective with the Florida Seller Property form. It is designed to provide buyers with important information about the condition of the property they are considering purchasing. This form typically asks sellers to disclose known issues regarding the property's structural elements, such as the roof, foundation, and electrical system, in addition to any material defects. The similarity lies in the fundamental purpose: to make the selling process transparent and to protect buyers from unforeseen problems. While the specifics of what must be disclosed can vary from state to state, the underlying principle of ensuring the buyer is well-informed remains constant.

Another document closely related to the Florida Seller Property form is the Lead-Based Paint Disclosure. This is a federally required document for the sale of any residential property built before 1978. It mandates that sellers disclose information regarding the presence of lead-based paint and lead-based paint hazards in the property. The disclosure also requires sellers to provide buyers with an EPA-approved pamphlet about lead poisoning prevention. This form is similar to the Florida Seller Property form in its aim to protect the buyer by disclosing specific hazards associated with the property, ensuring that buyers are aware of potential health risks before purchasing.

Lastly, Homeowners' Association (HOA) and Condominium Association Disclosures bear similarity to the Florida Seller Property form. These disclosures are specifically tailored to properties that are part of an HOA or a condominium association. They provide buyers with details about the association's fees, rules, and the community's financial health. Like the Florida Seller Property form, these disclosures aim to provide transparency by informing the buyer of any additional costs or regulations that come with living in a community governed by an association, giving a comprehensive view of what ownership entails beyond just the property's physical condition.

Dos and Don'ts

When filling out the Florida Seller Property form, sellers face a critical responsibility to provide honest and accurate information about the condition of their property. This information not only aids buyers in making informed decisions but also protects sellers from future legal disputes. Here are several guiding principles to follow and pitfalls to avoid:

Do's:

Review all questions carefully. Ensure you understand each query before recording your answers. If clarification is needed, don't hesitate to seek advice from a real estate professional or attorney.
Be thorough and detailed in your responses. Providing comprehensive information about your property can help avoid misunderstandings or misrepresentations.
Disclose all known issues. This includes past and present problems, even if they have been repaired, to comply with Florida's full disclosure requirements.
Update the form if new information arises. Should you become aware of new information that affects the property's condition, update the form accordingly and inform the listing broker in writing.
Attach additional documents if needed. For complex issues, attaching reports or receipts from repairs can provide clearer context and greater transparency.
Consult with professionals. If unsure about certain aspects, such as the legal implications of disclosures, consulting with professionals (e.g., inspectors, lawyers) can provide valuable guidance.
Verify all information before signing. Ensure all data is accurate to the best of your knowledge, as signing the form confirms your acknowledgment and understanding.

Don'ts:

Avoid guessing or estimating. If uncertain about specific details (e.g., the age of the roof), it's better to note that you don't know rather than provide inaccurate information.
Don't withhold information. Failing to disclose known defects can lead to legal issues post-transaction. Transparency is key in these disclosures.
Don't overlook the details. Even minor issues can have significant implications, so ensure you review and disclose them thoroughly.
Don't ignore the need for additional pages. If the space provided is insufficient for full disclosures, attach additional sheets as necessary.
Don't undervalue the form's importance. This is not just another piece of paperwork; it's a crucial document that can influence the sale process and legal standing.
Don't rush through the form. Take your time to fill it out carefully and thoughtfully, ensuring all information provided is complete and correct.
Don't forget to update your disclosure. If conditions change or new information comes to light before the sale is finalized, the disclosure must be updated and communicated to all parties.

Misconceptions

Common misconceptions about the Florida Seller Property Disclosure can lead to confusion for both the seller and the buyer. Here, we address and clarify some of the most common misunderstandings.

Misconception 1: A Seller Property Disclosure is optional in Florida.
In fact, Florida law requires sellers to disclose any facts or conditions about their property that have a significant impact on its value and that are not easily observable by the buyer. This disclosure assists in compliance with the law.
Misconception 2: The disclosure form replaces a home inspection.
This belief is incorrect. The disclosure form is based on the seller's knowledge of the property's condition and doesn't replace the need for a professional home inspection which can uncover additional issues.
Misconception 3: Everything listed as present in the property form works perfectly.
Items listed on the form are based on the seller's current knowledge and may not guarantee their condition. It's always recommended that buyers verify the condition of included items.
Misconception 4: Sellers can choose not to disclose if they are selling the property "as is."
Even when selling a property "as is," Florida sellers are still required to disclose known defects that materially affect the property's value.
Misconception 5: The disclosure form is only for the use of Realtors.
This document is designed to benefit the seller, buyer, and all professionals involved in the transaction by providing detailed information about the property's condition.
Misconception 6: Sellers need only disclose issues they have personally encountered.
Sellers must disclose all known issues with the property, regardless of whether they have personally experienced them. This includes previous disclosures made to them at the time of purchase.
Misconception 7: The form covers all necessary disclosures for a property transaction.
While comprehensive, the Seller Property Disclosure may not cover all disclosures required by law, such as lead-based paint in older homes. Additional disclosures may be necessary.
Misconception 8: Completing the form incorrectly can't impact the sale.
Inaccurate or incomplete disclosures can lead to legal action and affect the sale of the property. Accuracy is crucial.
Misconception 9: Leased equipment mentioned in the form is automatically transferred to the new owner.
Leased items, such as security systems or solar panels, require separate agreements for transfer and may not automatically convey with the property sale.
Misconception 10: Once completed, the disclosure form no longer requires updates.
If a seller becomes aware of new issues or inaccuracies in the disclosure after it has been completed, they are obligated to update the information and notify the buyer.

Understanding these common misconceptions helps ensure that sellers fulfill their legal obligations and that buyers are informed about the property they are considering purchasing.

Key takeaways

When filling out and using the Florida Seller Property Disclosure form, it's important for both sellers and buyers to be aware of several key points. Here are eight crucial takeaways:

Sellers must disclose known facts that materially affect the property's value which are not obvious to the buyer. This includes any defects or issues with the property that could affect its desirability or value.
This form is designed to help sellers comply with Florida's disclosure requirements, making the selling process more transparent and informed for all parties involved.
The disclosure is not a warranty. It's based on the seller's current knowledge of the property's condition and is not an assurance of the property's overall status.
Both the selling and listing agents may refer to the information within this form when evaluating, marketing, or presenting the property, making it a valuable document for all parties.
Prospective buyers are encouraged to obtain their own inspections and warranties for a more thorough evaluation of the property. This helps ensure that buyers are fully aware of the property’s condition before making a decision.
The form covers a wide range of information about the property, including but not limited to, appliances, insurance claims, additions or remodeling, environmental hazards, and the presence of any homeowners’ or condominium association fees. It's important for sellers to provide complete and accurate information in each relevant section.
Any changes to the property or its condition after the form has been filled out must be communicated to the listing broker in writing, ensuring the information remains current and accurate.
Finally, both sellers and buyers must sign the form, acknowledging their understanding of its contents. For buyers, this is an acknowledgment that the property is being sold in its present state, highlighting the importance of the buyer’s responsibility to conduct their own due diligence and inspections.

Understanding these key takeaways ensures that sellers fulfill their legal obligations while providing buyers with the necessary information to make informed purchasing decisions. It underscores the importance of transparency and honesty in the real estate transaction process.

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