What must Florida sellers disclose in 2026?
Florida sellers must disclose every known material defect that affects a property's value and isn't readily observable to the buyer. That includes sinkhole activity under Florida Statute 627.706, past flooding and federal or private flood assistance under the expanded Florida Statute 689.302 (effective October 1, 2025), recurring mold and water intrusion, structural issues, and unpermitted work. An "as-is" contract does not eliminate this duty. Failure to disclose can result in lawsuits, repair costs, or a voided sale under the Florida Supreme Court precedent in Johnson v. Davis.
By Amber Welch | May 18, 2026
If you're selling a home in Clermont in 2026, the Seller's Property Disclosure has changed. The rules around what you have to tell a buyer are stricter than they were two years ago, and the gap between what sellers think they're responsible for and what the law actually requires has closed.
Florida used to be one of the harder states to pin a seller on. The phrase "as-is" carried a lot of weight in casual conversation, and many sellers believed those two words were a shield against post-closing problems. They never really were, but the misconception was widespread.
In 2024, the Florida Legislature passed HB 1049, the first standalone flood disclosure law in the state. In 2025, the Legislature came back and expanded it under SB 948, which took effect October 1, 2025. Florida Realtors released a new Flood Disclosure form (FD-2) and an updated Seller's Property Disclosure (SPDR) to match. The combined effect is that Florida sellers in 2026 are signing more, disclosing more, and carrying more risk if they get it wrong.
Here's exactly what you have to disclose when you sell a home in Lake County right now, what counts as a defect, and where Clermont sellers most often slip up.
The Three Big Categories: Sinkholes, Floods, and Mold
These three come up so often in Central Florida transactions that they deserve their own section. They're also the three most common reasons a Florida home sale gets sued, rescinded, or renegotiated after closing.
Sinkholes (Florida Statute 627.706)
Lake County sits in karst country. The same limestone substrate that gave us the Chain of Lakes also makes Central Florida one of the most active sinkhole regions in the United States. Lake County consistently ranks among the top ten Florida counties for sinkhole insurance claims, and Clermont, Groveland, and Mascotte sit in some of the highest-activity zones. A 60-foot sinkhole opened on SR-50 in Clermont in July 2023.
If your property has had any sinkhole activity, even minor subsidence that was professionally repaired, you must disclose it. The same applies if you've ever filed a sinkhole insurance claim, whether or not the claim was paid. It applies even if a prior owner was the one who filed the claim, as long as you knew about it.
A few specifics that surprise sellers:
- "Subsidence" and "sinkhole" are different terms in insurance, but both must be disclosed. If your property had ground subsidence that wasn't formally categorized as a sinkhole, you still have to tell the buyer.
- Prior owner claims pass through. If you bought the home with a known sinkhole history, you inherited the disclosure obligation.
- Stabilization repairs do not erase the obligation. Even if the repair was certified by an engineer and the home has been stable for years, you must disclose both the original activity and the repair work.
Selling a Clermont home with a documented sinkhole history is harder, but it's not impossible. Buyers can get insurance through Citizens Property Insurance or specialty carriers, and a clean post-repair engineering report is a strong document to put in front of them. Hiding the history is what kills deals, and what creates lawsuits.
Flooding (Florida Statute 689.302, expanded October 1, 2025)
This is the big change.
The original HB 1049, which took effect October 1, 2024, required sellers to disclose whether they had filed a flood insurance claim and whether they had received federal flood assistance. That was already a meaningful shift. Flood disclosure used to be an inferred duty under common law, not a written form.
SB 948 expanded the disclosure in three ways:
- Knowledge of any flooding during your ownership, not just flooding that triggered an insurance claim. If you knew your garage took on water in a heavy storm in 2022 and you handled it yourself, you have to disclose that now.
- Assistance from any source, not just federal. If you received money from a private flood mitigation program, a nonprofit, or anywhere else, you disclose it.
- The disclosure goes onto a dedicated form (FD-2), signed at or before contract execution.
The Florida Realtors form makes the disclosure clear. The seller marks one of three boxes: no known flooding, flooding that did not require a claim, or flooding that did. Each option carries different downstream consequences for the buyer's lender, insurance underwriter, and decision to move forward.
For Clermont sellers, this matters even outside FEMA flood zones. Lake County's flat, low-lying neighborhoods near the lakes, especially around the Chain of Lakes and parts of Groveland, have seen flooding from heavy rain events that had nothing to do with hurricanes. If you've ever had standing water in a finished space, you have to disclose it.
Mold and Water Damage
Florida does not have a standalone mold statute. Disclosure flows from the broader common-law duty established by Johnson v. Davis: sellers must disclose known material defects that affect property value and aren't readily observable.
Mold is almost always a material defect under that standard, and so is the underlying water intrusion that causes it. Past mold remediation, recurring water leaks, prior pipe failures, or any history of moisture problems must be disclosed, even if the visible mold is gone and the area has been remediated.
Three places mold and water disclosure get sellers in trouble:
- Past remediation that was never written up. If a handyman cleaned mold off your bathroom ceiling five years ago, you knew about a mold problem, and that knowledge has to flow to the buyer.
- Slow leaks under cabinets or behind walls that a seller has lived with quietly. Knowledge is the trigger, not whether the problem is currently visible.
- HVAC condensation damage. Florida HVAC systems work hard in our humidity, and undersized or improperly drained units can create mold issues over time. If you knew, you disclose it.
The "As-Is" Contract Doesn't Get You Out of This
This is the single biggest misconception in Florida real estate.
The standard Florida Realtors "AS IS" Residential Contract for Sale and Purchase does several things. It gives the seller no contractual duty to repair items the buyer discovers. It gives the buyer a defined inspection period, typically 10 to 15 days, during which they can cancel for any reason and recover their deposit. It allows for repairs and credits to be negotiated, but never required.
What it does not do is eliminate the seller's duty to disclose known material defects.
A seller can list "as-is" and still be sued for failing to disclose a known issue. The contract governs the repair obligation. Johnson v. Davis and the Florida disclosure statutes govern the disclosure obligation. Those are two different things, and as-is only touches one of them.
If you sell a home as-is and a hidden defect is discovered later that you knew about and didn't disclose, the buyer can sue for fraud, misrepresentation, or rescission. Florida courts have been clear and consistent on this for decades.
What Happens When a Seller Doesn't Disclose
Three things, typically:
- The buyer cancels before closing. If the defect is discovered during the inspection period or due diligence, the buyer almost always backs out and gets their deposit back. The deal dies and the seller relists, often with the original disclosure issue now baked into the listing history.
- The buyer sues after closing. If the defect is discovered after closing, the buyer can sue for the cost of repair, diminution in value, and in some cases punitive damages. Florida fraud claims carry meaningful statutes of limitation, and the "discovery rule" can extend them well past the closing date.
- The sale gets unwound. In serious cases involving concealed structural defects, sinkhole history, or material flood damage, Florida courts have rescinded sales entirely. The seller takes the house back and refunds the purchase price.
None of these outcomes are theoretical. Florida real estate attorneys handle them constantly, and the standard answer to every one of them is the same: disclose what you know.
The Best Defense Is a Pre-Listing Inspection
Most sellers don't withhold information intentionally. They don't disclose because they don't know about the problem until the buyer's inspector finds it during the inspection period, at which point the deal is already in motion and the renegotiation gets ugly.
That's the case for a pre-listing inspection. You walk the home with an inspector before you list. You learn what the buyer's inspector is going to learn. You fix what you choose to fix, disclose what's left, and price accordingly.
This is exactly what I include for every Lake County seller I work with. Before we list, you get a free walk-and-talk with a certified InterNACHI inspector. You see what they see. Nothing surprises you during the inspection period, and your Seller's Property Disclosure is accurate the first time you sign it.
For a closer look at what actually comes out of your proceeds once everything is on the table, here's the breakdown of seller closing costs in Florida. And if you're representing the buyer side of the conversation, the Florida buyer broker agreement guide covers what's changed there.
Frequently Asked Questions
Do I have to fill out a Seller's Property Disclosure in Florida?
Florida does not legally require the specific SPDR form, but it does require disclosure of known material defects affecting value. Almost every Florida transaction uses the Florida Realtors SPDR (Seller's Property Disclosure – Residential) form because it's the cleanest way to comply with the legal duty. Most listing agents will require it before they take your home to market.
What if I don't know whether the house flooded before I owned it?
You only have to disclose what you know. If you bought the property without knowledge of prior flooding and you've had no flooding during your ownership, you check "no known flooding" on the FD-2 form. The duty to disclose attaches to actual knowledge, not to facts you couldn't reasonably have learned.
Can I get sued years after closing for failing to disclose?
Yes. Florida's discovery rule for fraud claims allows a buyer to bring suit after the closing date if the defect was actively concealed or couldn't reasonably have been discovered earlier. The cleanest protection is a complete, honest written disclosure at the time of contract, signed and dated.
Does selling to a cash investor or iBuyer eliminate the disclosure requirement?
No. The disclosure obligation applies regardless of buyer type. Investors and iBuyers often waive inspections, but they don't waive the right to sue for misrepresentation. If anything, sophisticated cash buyers tend to be quicker to bring legal claims than retail buyers when something is wrong.
Is "I didn't think it was a big deal" a defense?
It's not. Florida courts look at whether the defect was material, meaning it affects value or habitability, not at whether the seller subjectively thought it was important. If a reasonable buyer would have wanted to know, the seller had a duty to disclose.
What This Means for Clermont Sellers in 2026
The shift from 2024 to 2026 isn't dramatic, but it is real. The flood disclosure is now formal, written, and broader than it used to be. The sinkhole disclosure has always been mandatory in Florida and continues to matter especially in Lake County. The mold and water damage disclosures are still governed by common law, and they still trip up sellers who didn't think their old leak was a "real" problem.
The best move is the same as it's always been. Tell the truth, in writing, before you sign a contract. Get a pre-listing inspection so you know what you're disclosing. Work with an agent who has walked sellers through this exact process before, and who's going to advocate for you when the buyer's inspector finds something.
If you're thinking about selling in Clermont or anywhere in Lake County, here's what I offer that most agents don't: a free walk-and-talk inspection with a certified InterNACHI inspector before you list, so you go in eyes-open, and my 65SOLD Guarantee, which means if I price and market your home with my full toolkit and you don't receive an offer within 65 days, you can walk away from the listing agreement at no cost. Ready to see what your home is worth? Start the conversation at amberinorlando.myflodesk.com/homepage.
About Amber Welch
Amber Welch is a Realtor® and SFR (Short Sale and Foreclosure Resource) with Berkshire Hathaway HomeServices Results Realty, serving buyers, sellers, and investors in Clermont, FL and across Lake, Orange, Seminole, Osceola, and Polk counties. Before real estate, Amber guided multimillion-dollar companies as a CFO, and she brings that same precision and strategy to every transaction. She specializes in affordable housing, first-time buyers, and helping sellers maximize their equity in Central Florida's rapidly growing market. Connect with Amber at amberinorlando.com.
