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The Florida Seller Property Disclosure form serves as a critical tool in the residential real estate transaction process, ensuring transparency between sellers and buyers. This form requires sellers to disclose known facts that could materially affect the property's value, particularly those not easily observable. It encompasses a wide range of information, including the property's condition, any legal or administrative actions affecting it, and details regarding homeowners' or condominium association restrictions. Sellers must also provide insights into the environmental status of the property, such as the presence of hazardous materials or past water intrusion issues. Additionally, the form addresses structural modifications, insurance claims, and the state of essential systems like plumbing, electrical, and heating. While the disclosure aids buyers in evaluating the property, it is important to note that it does not serve as a warranty or substitute for professional inspections. The seller's knowledge and honesty are paramount, as the form emphasizes the seller's obligation to update any information should circumstances change. This structured approach not only protects buyers but also fosters a more informed and equitable real estate market in Florida.

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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

No

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 Unknown

Yes No

Yes No

Yes No

Yes No

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

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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Form Specifications

Fact Name Fact Description
Disclosure Requirement In Florida, sellers must disclose all known facts that materially affect the property's value.
Form Purpose The form assists sellers in meeting legal disclosure obligations and helps buyers evaluate the property.
Not a Warranty The disclosure is not a warranty or guarantee by the seller or any realtor involved in the transaction.
Occupancy Status Sellers must indicate whether they currently occupy the property or if it is tenant-occupied.
Environmental Hazards Sellers must disclose any known environmental hazards, such as mold or lead-based paint, especially if the property was built before 1978.
Legal Actions Any existing or pending legal actions affecting the property must be disclosed by the seller.
Homeowners Association Sellers must disclose any mandatory homeowners’ or condominium associations and their associated fees.
Roof Condition Sellers should provide information regarding the roof's age and any leaks or repairs during their ownership.
Water Intrusion Past or present water intrusion issues must be disclosed, including any attempts to resolve these issues.
Governing Law This form is governed by Florida Statutes, specifically related to real property disclosures.

Florida Seller Property: Usage Guidelines

Filling out the Florida Seller Property Disclosure form is an important step in the home-selling process. This form requires detailed information about the property, which helps potential buyers make informed decisions. Be thorough and honest in your responses, as this disclosure is a legal requirement in Florida.

  1. Seller Information: Fill in the seller's name, street address, city, state, and zip code. Include the year the property was built and the date the seller purchased the property.
  2. Occupancy Status: Indicate whether the seller currently occupies the property. If not, specify when it was vacated. If the property is tenant-occupied, provide details about the lease.
  3. Property Information: Check the items that are installed in the property and provide the brand names where applicable. This includes appliances, fixtures, and other relevant items.
  4. Claims and Assessments: Answer questions regarding any existing or pending legal actions, municipal assessments, or repair notifications related to the property.
  5. Deed/Homeowners’ Association Restrictions: Indicate if there are any restrictions or mandatory associations. Provide details about fees and assessments.
  6. Environmental Concerns: Answer questions regarding the presence of hazardous materials, past clean-ups, or environmentally sensitive areas on the property.
  7. Roads/Land Use: Provide information about access roads and zoning status. Note any restrictions related to reconstruction after damage.
  8. Additions/Remodeling/Insurance Claims: Disclose any structural changes made to the property and any insurance claims filed for damages.
  9. Roof-Related Items: Provide the age of the roof and any history of leaks or repairs.
  10. Pool/Spa or Hot Tub: Indicate if the property has a pool or spa and provide details about repairs and safety features.
  11. Heating and Air Conditioning: List the types of heating and cooling systems present, including their brands and ages.
  12. Water Intrusion: Disclose any history of water intrusion or dampness in the property.
  13. Sinkholes, Settling, and Soil Movement: Indicate if there have been any issues with sinkholes or soil movement.
  14. Windows/Doors/Locks: Answer questions about the condition of windows and doors in the property.
  15. Plumbing: Disclose any plumbing problems and the type of sewage system used.
  16. Electrical System: Provide information about the electrical system, including any known issues.
  17. Exclusions/Leased Systems: List any items excluded from the sale and any leased equipment included.
  18. Wood-Destroying Organisms: Disclose any past or present infestations or damage caused by pests.
  19. Flood Zone/Drainage/Boundaries: Indicate if any portion of the property is in a flood zone and disclose any drainage issues.
  20. Other Matters: Provide any additional information that may affect the property's value or desirability.

Your Questions, Answered

What is the purpose of the Florida Seller Property Disclosure form?

The Florida Seller Property Disclosure form is designed to help sellers disclose important information about their property to potential buyers. It outlines any known issues that could affect the property's value or desirability. This disclosure is not just a legal requirement; it also serves to inform buyers about the condition of the property, allowing them to make informed decisions.

What are sellers required to disclose on this form?

Sellers must disclose any facts that materially and adversely affect the property's value, which are not easily observable. This includes information about the property's condition, any legal issues, assessments, environmental hazards, and more. The form covers various aspects, such as structural issues, plumbing and electrical systems, and any history of water intrusion or pest infestations.

Is the Seller Property Disclosure form a warranty for the property?

No, the Seller Property Disclosure form is not a warranty or guarantee regarding the property's condition. It is based solely on the seller's knowledge at the time of completion. Buyers are encouraged to conduct their own inspections to assess the property's condition further. The form serves as a tool for transparency, but it does not replace the need for professional evaluations.

What should buyers do with the information provided in the disclosure?

Buyers should carefully review the information provided in the Seller Property Disclosure form. It is advisable for buyers to seek professional inspections to verify the property's condition. Understanding the details in the disclosure can help buyers identify potential issues and negotiate terms before finalizing the purchase.

Are there any penalties for sellers who do not disclose required information?

If a seller fails to disclose known issues that materially affect the property's value, they may be held liable for damages. Buyers may have legal recourse if they discover undisclosed problems after the sale. Therefore, it is in the seller's best interest to provide complete and honest information on the disclosure form.

Can buyers rely solely on the Seller Property Disclosure form?

While the Seller Property Disclosure form provides valuable information, buyers should not rely on it exclusively. It is important to conduct independent inspections and due diligence. The form is a starting point for understanding the property's condition, but thorough investigations are essential to avoid potential surprises after the purchase.

Common mistakes

  1. Incomplete Information: Sellers often leave sections blank or fail to provide complete details about the property. It's crucial to fill in every applicable field to ensure transparency and avoid misunderstandings later.

  2. Misunderstanding Disclosure Requirements: Some sellers are unaware of their obligation to disclose all known issues that could affect the property's value. This includes things like past water damage or pest infestations. Failing to disclose can lead to legal complications.

  3. Neglecting to Update Information: If any details change after the form is completed, sellers often forget to update the information. It's important to notify the listing broker immediately if anything becomes inaccurate.

  4. Ignoring Tenant Information: For properties that are tenant-occupied, sellers sometimes overlook providing necessary details about leases and tenant rights. This can lead to issues with potential buyers who need to understand the lease terms.

  5. Overlooking Environmental Hazards: Sellers may not fully consider or disclose environmental concerns like mold or lead paint. These issues can significantly impact buyer decisions and should be thoroughly addressed in the form.

Documents used along the form

When selling a property in Florida, several important documents accompany the Florida Seller Property Disclosure form. Each of these documents plays a crucial role in ensuring that both the seller and the buyer are informed about the property’s condition, legal obligations, and any potential issues that may arise during the transaction. Understanding these forms can help facilitate a smoother sale process.

  • Lead-Based Paint Disclosure: Required for homes built before 1978, this document informs buyers about the potential presence of lead-based paint and the associated health risks. Sellers must disclose any known information regarding lead hazards.
  • Homeowners’ Association (HOA) Disclosure: If the property is part of an HOA, this form outlines the rules, regulations, and fees associated with the association. It ensures that buyers are aware of their responsibilities and any restrictions that may apply to the property.
  • Community Development District (CDD) Disclosure: This document is necessary if the property is located within a CDD. It provides information about the district's purpose, assessments, and any associated fees, helping buyers understand their financial obligations.
  • Property Survey: A property survey outlines the boundaries of the property and any encroachments or easements. This document is vital for buyers to understand exactly what they are purchasing and to avoid future disputes.
  • Purchase Agreement: This is a legally binding contract between the buyer and seller that outlines the terms of the sale, including the purchase price, closing date, and contingencies. It serves as the foundation for the transaction.
  • Title Report: This document provides a detailed history of the property’s ownership and any liens or claims against it. A clear title report assures the buyer that they are acquiring the property free of legal issues.

Each of these documents serves a specific purpose in the real estate transaction process. Being well-informed about them can help both sellers and buyers navigate the complexities of property sales in Florida, ensuring a more transparent and secure transaction.

Similar forms

  • Seller's Disclosure Statement: Similar to the Florida Seller Property form, this document requires sellers to disclose known issues about the property that could affect its value. Both forms aim to protect buyers by ensuring they are aware of potential problems before purchase.
  • Residential Property Disclosure Form: This form, often used in various states, also mandates sellers to disclose material facts about the property. Like the Florida form, it emphasizes the seller's knowledge and the buyer's responsibility to conduct inspections.
  • Lead-Based Paint Disclosure: Required for homes built before 1978, this document informs buyers about potential lead hazards. It shares a similar purpose of transparency and safety as the Florida Seller Property form.
  • Homeowners Association (HOA) Disclosure: This document outlines any restrictions or fees related to an HOA. Like the Florida form, it ensures buyers are informed about additional costs and regulations associated with the property.
  • Property Condition Disclosure Statement: This form focuses on the physical condition of the property, similar to the Florida Seller Property form. Both require sellers to disclose known defects and issues that could impact the buyer's decision.
  • Environmental Disclosure Statement: This document addresses potential environmental hazards affecting the property, mirroring the environmental concerns outlined in the Florida form. Both aim to inform buyers of risks that may not be immediately visible.
  • Title Disclosure Statement: This document informs buyers about any title issues or encumbrances. Like the Florida Seller Property form, it seeks to prevent surprises during the transaction process.
  • Flood Zone Disclosure: Similar to the Florida form, this document informs buyers if the property is in a flood zone. Both emphasize the importance of understanding potential risks associated with the property location.

Dos and Don'ts

When filling out the Florida Seller Property Disclosure form, it’s important to follow certain guidelines to ensure accuracy and compliance. Here are four things to do and not do:

  • Do provide complete and honest information about the property’s condition.
  • Do disclose any known issues or defects, even if they seem minor.
  • Do keep a copy of the completed form for your records.
  • Do update the form if any new information arises before closing.
  • Don't omit any material facts that could affect the buyer's decision.
  • Don't use vague language or terms that could lead to misunderstandings.
  • Don't ignore questions; answer all sections of the form as accurately as possible.
  • Don't rely solely on the form to protect you; consider obtaining legal advice if needed.

Misconceptions

  • Misconception 1: The Seller Property Disclosure is a warranty.

    Many people believe that the disclosure form guarantees the condition of the property. In reality, it is not a warranty. The seller is only sharing what they know about the property. Buyers should still conduct their own inspections.

  • Misconception 2: Sellers must disclose every minor issue.

    Some think that sellers are obligated to disclose every little problem. However, the law requires sellers to disclose only significant issues that affect the property's value. Minor issues that are not readily observable may not need to be disclosed.

  • Misconception 3: The form protects buyers from all future problems.

    Many assume that by signing the disclosure, they are protected from any future issues. This is not the case. The disclosure only reflects the seller's knowledge at the time of sale. Buyers should still be proactive about inspections and future maintenance.

  • Misconception 4: The disclosure is optional for sellers.

    Some believe that sellers can choose whether or not to provide this disclosure. In Florida, sellers are legally required to disclose known issues that could materially affect the property's value. Not providing this information can lead to legal consequences.

Key takeaways

Key Takeaways for Using the Florida Seller Property Disclosure Form

  • In Florida, sellers must disclose all known facts that could negatively impact the property's value, which are not easily visible to buyers.
  • This form serves as a tool for sellers to meet legal obligations while helping buyers assess the property effectively.
  • It is essential to note that the disclosure does not act as a warranty or substitute for thorough inspections.
  • Complete all sections accurately, including information about the property's condition, any legal actions, and the presence of any environmental hazards.
  • Be transparent about any restrictions related to homeowners' associations, including fees and potential changes to those regulations.
  • Understanding the implications of the information provided is crucial, as inaccuracies may lead to legal consequences.
  • Buyers should be encouraged to conduct their inspections, as the disclosure reflects the seller's knowledge and is not a guarantee of the property's condition.