What Sellers Should Disclose Before Listing a Home

What sellers should disclose before listing usually comes down to one simple idea: if you know something about the home that materially affects its value and a buyer would not easily discover it, it should probably be disclosed.

That does not mean every scratch, scuff, or small cosmetic issue needs to become a major conversation.

But known defects, prior damage, water issues, permit problems, insurance concerns, HOA restrictions, and repair history can matter.

In Florida, disclosure is not something sellers should take casually. According to Florida Realtors’ disclosure law overview, Florida sellers have a duty to disclose known facts that materially affect the value of residential property when those facts are not readily observable and are not known to the buyer.

That last part matters.

“As is” does not mean “say nothing.”

I’m Tyler Gibson with the GPG Team. I help Orlando sellers think through preparation, pricing, and disclosure before the home goes live, because surprises are usually what create the most friction once a buyer is already under contract.

This is not legal advice. Disclosure rules can depend on the property, the facts, the contract, and the situation. If there is any doubt, talk with your real estate agent and a Florida real estate attorney.

What should sellers disclose before listing?

Sellers should disclose known issues that could affect the value, safety, condition, use, or buyer decision-making around the property. The safest approach is to be clear about known material facts instead of hoping the buyer or inspector finds them later.

A disclosure is not there to scare buyers away.

It is there to avoid surprises.

Common disclosure areas usually include issues with the roof, plumbing, electrical system, HVAC, water intrusion, mold, structural concerns, prior pest damage, insurance claims, unpermitted work, code enforcement problems, HOA violations, and anything else that could materially affect the buyer’s decision.

The point is not to make the house sound worse than it is.

The point is to give buyers accurate information before they make a decision.

A buyer can usually work through a known issue.

What buyers struggle with is feeling like something was hidden.

Does selling a home as-is remove the duty to disclose?

Selling a home as-is does not automatically remove the duty to disclose known material defects. In Florida, an as-is sale may mean the seller is not agreeing upfront to make repairs, but it does not mean the seller can hide known issues.

This is one of the biggest misconceptions sellers have.

A seller might say, “I’m selling it as-is, so I don’t need to say anything.”

That is not how buyers, inspectors, contracts, or Florida disclosure duties usually work.

Florida Realtors explains that the duty to disclose known material facts can still apply even when a residential property is sold “as is.” You can read their explanation here: Florida Real Estate Disclosure Laws.

“As is” can be a useful strategy.

But it is not a shield for nondisclosure.

If you know the roof leaked last summer, say so. If you know there was prior plumbing damage, say so. If you know there is open permitting or a code issue, say so.

The disclosure may feel uncomfortable upfront.

But it is usually better than having it come out during inspection, appraisal, insurance review, or right before closing.

What property defects should sellers disclose?

Sellers should disclose known property defects that are not obvious and could matter to a buyer. This can include issues with the roof, structure, electrical system, plumbing system, HVAC, drainage, windows, foundation, pests, moisture, or prior repairs.

The key word is “known.”

You are not expected to know what you do not know.

But if you do know about a material issue, pretending you forgot can become a problem.

For Orlando sellers, this often means thinking through the property’s history. Has the roof leaked? Has the AC had repeated issues? Was there a plumbing leak under the sink? Was there past termite treatment? Did a window leak during heavy rain? Was there mold remediation? Was any work done that might not have been properly permitted?

Buyers are not expecting perfection.

They are expecting honesty.

That is the difference.

Should sellers disclose water damage or flooding?

Yes, sellers should disclose known water damage, prior flooding, flood claims, and flood-related assistance when applicable. Water is one of the biggest issues Florida buyers care about because it can affect condition, insurance, repairs, and future risk.

Florida has specific flood disclosure requirements. Florida Realtors states that a flood disclosure must be provided by the seller to the buyer at or before the sales contract is executed. You can review the Florida Realtors disclosure summary here: Florida Real Estate Disclosure Laws.

This matters because flood risk is not always obvious during a showing.

A home can look clean and still have a water history that buyers need to understand.

Sellers should think through whether water has ever entered the structure, whether there has been flood-related damage, whether any flood insurance claim was made, whether federal disaster assistance was received, and whether the property has known drainage problems during heavy rain.

Buyers can also review flood map information through the FEMA Flood Map Service Center, which is the public FEMA tool for flood map information.

Flood maps are useful, but they are not the whole story.

Heavy rain, drainage, elevation, prior water intrusion, and the property’s actual history can matter too.

Should sellers disclose repairs or insurance claims?

Sellers should disclose known repair history and insurance claims when they relate to material issues with the property. Repairs can actually help buyers feel more comfortable if the work was done correctly and documented.

A seller may worry that disclosing repairs makes the home look bad.

Sometimes it does the opposite.

If a roof leak happened, was professionally repaired, and there are receipts, that is better than leaving buyers to guess. If a plumbing leak caused damage and restoration was handled properly, documentation helps. If a claim was filed after storm damage, buyers may want to know what happened, what was repaired, and whether the issue is fully resolved.

Good records can include:

• Paid contractor invoices
• Permit records
• Roof, HVAC, plumbing, or electrical receipts
• Warranty documents
• Insurance claim summaries
• Termite treatment records
• Mold remediation paperwork

The goal is not to overwhelm the buyer with every piece of paper you have.

The goal is to be ready when reasonable questions come up.

Should sellers disclose unpermitted work?

Yes, sellers should disclose known unpermitted work or unclear permit history. Unpermitted additions, garage conversions, electrical work, plumbing work, roof work, or structural changes can create problems during inspection, appraisal, financing, insurance review, and future resale.

This is a big one in Florida.

Sometimes a seller bought the home years ago and the work was already done. Other times, the seller did the work but never pulled permits.

Either way, if you know there is an issue, do not wait for the buyer to find it.

A converted garage, enclosed porch, added bathroom, moved plumbing, electrical panel change, roof replacement without clear records, added living space, detached structure, pool work, or major remodel can all become questions during the transaction.

Unpermitted work does not always kill a deal.

But surprises around unpermitted work can.

Before listing, it is worth checking the property record, county permit history, and any documentation you have from prior work.

What should sellers disclose about HOA or condo issues?

Sellers should disclose known HOA or condo issues that could affect the buyer’s ownership, costs, or use of the property. That includes restrictions, violations, pending assessments, unpaid fees, rental limits, pet rules, parking restrictions, and approval requirements.

Buyers care about more than the house.

They care about what they are allowed to do with it.

An HOA issue can affect monthly cost, rental ability, short-term rental use, pet ownership, exterior changes, parking, fencing, landscaping, lease restrictions, special assessments, and buyer approval timelines.

If there is a known violation, disclose it.

If there is a pending special assessment, disclose it.

If the community restricts rentals, disclose it.

These are the types of surprises that can cause real frustration later.

Do sellers have to disclose lead-based paint?

For most homes built before 1978, federal law requires lead-based paint disclosures. The seller must disclose known information about lead-based paint or lead-based paint hazards, provide available records and reports, and provide buyers with the required EPA pamphlet.

The EPA’s Real Estate Disclosures about Potential Lead Hazards page explains that the Lead-Based Paint Disclosure Rule applies to most pre-1978 housing and requires sellers, landlords, real estate agents, and property managers to provide specific information before buyers sign a contract.

The EPA also states that buyers must be given a copy of the pamphlet Protect Your Family From Lead in Your Home, available records and reports, and a 10-day opportunity to conduct a lead inspection or risk assessment unless the parties agree otherwise in writing.

This is not something to skip.

If the home was built before 1978, make sure the proper lead disclosure process is handled.

What about radon disclosure in Florida?

Florida has required radon disclosure language for certain real estate transactions involving buildings. Florida Realtors explains that the statutory radon gas disclosure must be provided before or at the time of contract execution for the sale and purchase of any building, and that Florida Realtors sales contracts include the required language.

You can review Florida Realtors’ explanation here: Florida Real Estate Disclosure Laws.

Most sellers are not walking around thinking about radon.

But the disclosure language still matters.

This is another reason to use the right contract forms and work with someone who understands the process.

Should sellers disclose code enforcement issues?

Yes, sellers should disclose known code enforcement issues. Florida Realtors explains that when a home has a pending code enforcement action, the seller has several written disclosure requirements, including disclosing the existence and nature of the proceeding and providing related notices or materials.

Code issues can include open violations, notices from the city or county, unresolved exterior violations, unpermitted additions, fines, unsafe structure concerns, or compliance orders.

These issues can follow the property.

Buyers need to know what they may be inheriting.

If there is an open issue, get ahead of it before listing.

Should sellers disclose insurance-related issues?

Sellers should disclose known insurance-related issues that could affect the buyer’s ability or comfort with the property. In Florida, insurance questions often come up around roof age, wind mitigation, prior claims, flood history, plumbing, electrical, and older systems.

This does not mean sellers are responsible for underwriting the buyer’s insurance.

But if you know something material, say so.

A prior roof claim, old roof leak, problematic plumbing, outdated electrical panel, old water heater, prior hurricane damage, unrepaired storm damage, open claim, or flood claim can matter to a buyer.

For Florida properties, wind mitigation can also matter. The Florida Office of Insurance Regulation provides the Uniform Mitigation Verification Inspection Form, which is commonly used to document wind mitigation features for insurance purposes.

The more organized your documentation is before listing, the fewer surprises you are likely to face later.

What should sellers not hide before listing?

Sellers should not hide known defects, prior damage, failed repairs, water issues, pest damage, permit problems, code violations, insurance claims, or anything that could materially affect a buyer’s decision.

Hiding issues usually does not make them disappear.

It just moves the problem later into the transaction.

And later is usually worse.

Later means the buyer has already paid for inspections. Later means emotions are higher. Later means deadlines are tighter. Later means the buyer starts wondering what else was not disclosed.

That is how trust breaks down.

Most buyers can handle a real issue if they know about it early and the price, terms, or repairs account for it.

What they do not handle well is feeling blindsided.

What should sellers do before filling out disclosure forms?

Before filling out disclosure forms, sellers should gather records, review prior repairs, check permit history, think through known issues, and ask questions before guessing.

This is the part sellers should not rush.

Pull together repair receipts, roof records, HVAC service history, plumbing and electrical invoices, termite records, insurance claim details, permit documentation, HOA notices, and any paperwork related to prior damage or repairs.

Then think through the home’s history honestly.

Were there leaks? Was there flooding? Were there drainage issues? Was anything repaired after a storm? Was any work done without permits? Are there any unresolved notices, violations, or HOA concerns?

If something is unclear, ask before you guess.

If the issue feels legal or complicated, speak with a Florida real estate attorney.

Disclosure forms are not just paperwork.

They are part of the story the buyer receives about the home.

Conclusion: disclose early, document clearly, avoid surprises

Seller disclosure is not about making the home sound worse than it is.

It is about giving buyers the information they need to make a clear decision.

Known material defects, flood history, water damage, repairs, permits, HOA issues, code enforcement, insurance concerns, lead-based paint, and other property-specific issues should be handled carefully before the home goes live.

The best time to talk about these things is before the listing is active.

Not after the inspection.

Not after the buyer gets nervous.

Not three days before closing.

Before.

If you are thinking about selling your Orlando home, Tyler Gibson and the GPG Team can help you think through preparation, pricing, and disclosure so you can list with a cleaner plan and fewer surprises.

Frequently Asked Questions

What are sellers required to disclose in Florida?

Florida sellers are generally required to disclose known facts that materially affect the value of residential property when those facts are not readily observable and are not known to the buyer. Specific disclosure requirements can also apply to flood disclosure, radon language, lead-based paint for pre-1978 homes, code enforcement issues, and other property-specific situations.

Does selling as-is mean I do not have to disclose problems?

No. Selling as-is does not automatically remove the duty to disclose known material defects. An as-is sale may limit repair obligations depending on the contract, but known latent defects should still be disclosed.

Do sellers have to disclose past flooding in Florida?

Florida has flood disclosure requirements for residential sales. Sellers should disclose applicable flood history, flood damage, claims, and assistance as required by Florida law and contract documents.

Should I disclose repairs that were already fixed?

Yes, if the repair involved a material issue, it is usually better to disclose it and provide documentation. Completed repairs can be less concerning when buyers can see what happened, who fixed it, and whether the issue was resolved properly.

Do I need an attorney for seller disclosure questions?

If you are unsure whether something must be disclosed, or if the issue involves legal risk, prior disputes, code enforcement, unpermitted work, flooding, or unclear documentation, it is smart to speak with a Florida real estate attorney.