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Fill in Your Florida Seller Property Form

The Florida Seller Property Disclosure form is a crucial document that requires sellers of residential property to disclose all known facts that could significantly impact the property's value. This disclosure not only helps sellers comply with Florida law but also aids buyers in making informed decisions regarding their potential purchase. To ensure a smooth transaction, it is essential for sellers to accurately complete this form, addressing any material issues related to the property.

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The Florida Seller Property Disclosure form plays a crucial role in real estate transactions, ensuring transparency between sellers and buyers. This form requires sellers to disclose any known issues that could significantly impact the value or desirability of the property. Key aspects include details about the property's condition, such as the age of major systems like heating and air conditioning, any past or present water intrusion, and the presence of hazardous materials. Additionally, sellers must report on any legal actions or assessments affecting the property, as well as any homeowners' association rules that may apply. Buyers are reminded that this disclosure is not a warranty; rather, it is based on the seller's knowledge at the time of completion. The form serves as a valuable tool, guiding buyers in their decision-making process while protecting sellers from future liability related to undisclosed issues.

⇓ Florida Seller Property File

Documents used along the form

When selling a property in Florida, several forms and documents are often used alongside the Florida Seller Property Disclosure form. Each document serves a specific purpose in the real estate transaction process. Below is a list of commonly used forms that may be required or helpful during the sale.

Purchase and Sale Agreement: This document outlines the terms of the sale, including the purchase price, closing date, and any contingencies. It serves as the main contract between the buyer and seller.
Lead-Based Paint Disclosure: Required for homes built before 1978, this form informs buyers about potential lead hazards in the property and outlines the seller's obligations regarding lead paint.
Homeowners Association (HOA) Disclosure: If the property is part of an HOA, this document provides information about the association, including fees, rules, and regulations that buyers must adhere to.
Community Development District (CDD) Disclosure: This form is necessary if the property is located in a CDD, detailing any additional taxes or fees that may apply to the buyer.
Property Survey: A survey map shows the boundaries of the property, any easements, and any encroachments. It is useful for clarifying property lines and potential disputes.
Title Insurance Commitment: This document outlines the terms of the title insurance policy that protects the buyer against any title defects. It is typically provided by the title company before closing.
Closing Disclosure: This form details the final terms of the loan, including closing costs, and is provided to the buyer at least three days before closing to ensure transparency.
Inspection Reports: These reports summarize findings from home inspections, which may include structural issues, electrical problems, or pest infestations. They help buyers make informed decisions.
Bill of Sale: If personal property is included in the sale, such as appliances or furniture, a bill of sale documents the transfer of ownership for those items.
Affidavit of Title: This document is a sworn statement from the seller affirming their ownership of the property and disclosing any potential liens or claims against it.

Each of these documents plays a crucial role in ensuring a smooth transaction and protecting the interests of both the buyer and seller. It is advisable to consult with a real estate professional to ensure all necessary forms are completed accurately and submitted on time.

Similar forms

The Florida Seller Property Disclosure form shares similarities with the Residential Property Disclosure Statement commonly used in many states. Both documents require sellers to disclose known issues that could affect the property's value or desirability. Just like the Florida form, the Residential Property Disclosure Statement prompts sellers to provide information about the property's condition, including any past repairs, environmental hazards, and compliance with local regulations. This transparency helps buyers make informed decisions and mitigates potential disputes after the sale.

Another comparable document is the Lead-Based Paint Disclosure, which is mandated for homes built before 1978. This disclosure specifically addresses the presence of lead-based paint and requires sellers to inform buyers about any known risks associated with it. Similar to the Florida Seller Property Disclosure, it emphasizes the seller's obligation to disclose known hazards, ensuring that buyers are aware of potential health risks before finalizing the purchase.

The Homeowners Association (HOA) Disclosure is also akin to the Florida Seller Property Disclosure form. This document informs potential buyers about the rules, fees, and restrictions imposed by an HOA. Much like the Florida form, it aims to provide transparency regarding any obligations the buyer may face after acquiring the property. Both disclosures serve to protect buyers by ensuring they are aware of any additional responsibilities or limitations tied to the property.

Lastly, the Property Condition Disclosure Statement is another similar document. This form requires sellers to provide detailed information about the condition of various systems and components within the home, such as plumbing, electrical, and structural elements. Like the Florida Seller Property Disclosure, it focuses on the seller's knowledge of the property's condition, helping buyers understand what they might be inheriting with the purchase. Both documents aim to foster transparency and trust in real estate transactions.

Obtain Answers on Florida Seller Property

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

The Florida Seller Property Disclosure form is designed to help sellers disclose any known issues or conditions related to the property that could affect its value. This disclosure is intended to inform potential buyers of any material facts that are not readily observable. It aids sellers in fulfilling their legal obligations and assists buyers in making informed decisions about the property.
What are the seller's obligations regarding disclosure?

Sellers in Florida are required to disclose all known facts that materially and adversely affect the value of the property. This obligation includes any issues that are not immediately visible to buyers. The disclosure must be accurate and complete to the best of the seller's knowledge as of the date it is signed.
Is the Seller Property Disclosure form a warranty?

No, the Seller Property Disclosure form is not a warranty. It does not guarantee the condition of the property or its components. Buyers are encouraged to conduct their own inspections and obtain warranties as needed. The information provided is based solely on the seller's knowledge at the time of signing.
What should a buyer do after receiving the disclosure?

Upon receiving the Seller Property Disclosure, buyers should carefully review the information. It is advisable for buyers to conduct property inspections to verify the condition of the property and assess any potential issues. Engaging qualified professionals for these inspections is strongly recommended.
What types of information are included in the disclosure?

The disclosure includes various categories of information, such as property condition, claims and assessments, environmental hazards, and any known issues related to plumbing, electrical systems, and structural integrity. It also addresses any restrictions from homeowners' associations or local regulations.
What happens if the seller discovers new information after signing the disclosure?

If the seller becomes aware of new information that affects the property’s condition after signing the disclosure, they are obligated to notify the listing broker in writing. This ensures that potential buyers are informed of any changes that may impact their decision.
Are there any penalties for failing to disclose information?

Failure to disclose known issues can lead to legal consequences for the seller, including potential lawsuits from the buyer. Buyers may seek damages if they discover undisclosed problems after the sale. Transparency is crucial to avoid disputes and ensure a smooth transaction.
Can the Seller Property Disclosure form be modified?

While the form itself is standardized, sellers can provide additional information or clarifications as needed. However, any modifications should be clearly documented and agreed upon by all parties involved in the transaction to avoid confusion.
Is the disclosure form the same for all types of properties?

The Seller Property Disclosure form is primarily used for residential properties in Florida. However, there may be variations or additional disclosures required for condominiums or properties governed by homeowners' associations. Sellers should ensure they are using the correct form applicable to their specific property type.

Other PDF Forms

Florida Proof Loss - The Florida Proof of Loss form serves as a binding statement of your situation.

Florida Realtors Residential Lease - The importance of retaining a copy of the lease for all parties involved is stressed to ensure record-keeping.

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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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Yes No

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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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Dos and Don'ts

When filling out the Florida Seller Property Disclosure form, there are several important things to keep in mind. Here’s a list of dos and don’ts to help you navigate the process effectively.

Do provide accurate information to the best of your knowledge.
Do disclose any known issues that could affect the property's value.
Do ensure all sections of the form are completed thoroughly.
Do keep copies of any documents related to repairs or improvements.
Do consult with a real estate professional if you're unsure about any questions.
Don't omit any details, even if they seem minor.
Don't provide misleading information or guess if you don't know.
Don't forget to sign and date the form after completion.
Don't assume that the buyer will conduct inspections and find everything.
Don't ignore any changes in the property's condition after submitting the form.

By following these guidelines, you can help ensure a smoother transaction and protect yourself legally.