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What Are You Legally Required to Disclose When Selling Your Home?

Selling your home in Florida goes beyond aesthetics and pricing—it requires transparency about the property’s condition to ensure a fair and lawful transaction. Among the most pivotal aspects of this process is fulfilling your duty to disclose certain information to potential buyers. Real estate disclosures not only cover material defects that might affect the property’s value but also ensure compliance with specific federal and state regulations.

Understanding what needs to be disclosed—and how—can greatly simplify your selling journey, minimizing potential legal hurdles.

The Importance of Disclosures

Legally, homeowners are required to disclose any known adverse material facts about their property. This doesn’t necessarily mean you have to go looking for problems, but you can’t turn a blind eye to issues you’re aware of.

If you’re working with a real estate agent, they should inquire about any apparent issues. But, certain states have more specific requirements, mandating homeowners to actively search for and disclose conditions.

What Must Be Disclosed in Florida?

In the Sunshine State, sellers have a legal obligation to inform potential buyers about certain conditions that may affect the property’s value or desirability. These include, but are not limited to:

· Environmental hazards: This encompasses issues such as soil contamination, sinkholes, or proximity to hazardous waste sites, which are particularly relevant given Florida’s unique ecosystem.

· Pest infestations: Given Florida’s climate, disclosures about termites and other pest infestations are crucial. These can significantly impact the integrity and safety of a property.

· Presence of asbestos or radon: Older Florida homes might contain asbestos materials or have elevated radon levels, both of which pose health risks and must be disclosed.

· Lead paint: For homes built before 1978, the presence of lead-based paint must be disclosed, aligning with federal requirements.

· Zoning restrictions or HOA obligations: Florida’s diverse range of communities often comes with specific zoning laws or homeowners’ association (HOA) rules that can affect property use.

· Past liens, foreclosures, or neighborhood sex offenders: Sellers must disclose any financial encumbrances or legal issues tied to the property, as well as if a registered sex offender lives nearby, which could influence a buyer’s decision.

· Flood Loss History: An often-overlooked aspect of property disclosures is the property’s flood loss history. Sellers can request a flood loss history report from FEMA, detailing past flood claims regardless of ownership. Proactively including a stipulation in the contract for sellers to obtain and disclose this report can offer invaluable insights into the property’s flood risk, enhancing buyer confidence.

Making Disclosures Using the Seller Disclosure Form

When selling property in Florida, transparency and thoroughness are key to a successful and legally sound transaction. The Florida Realtors’ approved Seller Disclosure Form is an indispensable tool in this process, designed to guide sellers through the comprehensive disclosure of potential issues that could impact the sale or future ownership of the property.

The Seller Disclosure Form acts as a bridge of trust between sellers and buyers, offering a transparent view of the property’s condition. It prompts sellers to report on various aspects, including but not limited to, the age of the roof, the presence of sinkholes, issues with plumbing or electrical systems, and any known code violations. This level of detail not only helps to protect sellers from future legal claims by providing documented proof of disclosure but also assists buyers in making informed decisions.

Get Professional Legal Help With Real Estate Disclosures

Real estate disclosures can be complex, with significant legal and financial implications. Whether it’s understanding state-specific requirements or navigating federal laws, professional legal advice is invaluable. The expert real estate attorneys at Boss Law are ready to guide sellers through these intricacies, ensuring that all disclosures are made accurately and in full compliance with the law. Call us today at (727) 877-3188 for your free consultation and look forward to a smooth and legally sound selling process.

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