The Florida Seller Property Disclosure form is a legal document that requires sellers of residential properties to disclose known facts that could materially impact the value of the property. This form serves as a tool for sellers to fulfill their obligations under Florida law while providing buyers with essential information to assess the property’s condition. For a smooth transaction, it is crucial for sellers to accurately complete this form, ensuring all relevant details are disclosed.
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The Florida Seller Property Disclosure form is a crucial document in the real estate transaction process. It helps ensure that buyers receive important information about the property they are considering. Sellers must disclose any known issues that could affect the property's value or desirability. This includes details about the property's condition, any legal actions or assessments, and the presence of any environmental hazards. Additionally, the form covers specifics about the property's features, such as appliances, heating and cooling systems, and any alterations made. It's important to note that this disclosure is not a warranty; rather, it reflects the seller's knowledge at the time of signing. Buyers are encouraged to conduct their own inspections to verify the information provided. Understanding the nuances of this form can help both parties navigate the complexities of the sale more effectively.
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?
If not, when did you vacate the Property? ________________________________________
Is the Property tenant occupied?
If yes, is there a written lease?
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
Microwave Oven
Dishwasher
Washer
Disposal
Dryer
Trash Compactor
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
Water Softener/Treatment System
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:
Gas
Solar Brand: _____________________
SPD
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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
to the Property are required?
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)?
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
Condominium Association maintenance fees are payable in the amount of
Condominium Association special assessment fees are payable in the amount of
________________________ fees or assessments are payable in the amount of
________________________ 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:
d.
Are all of your Association fees current?
e.
Are you aware of any proposed changes to any of the restrictions?
f.
Are there any resale restrictions?
g.
Are there any restrictions to leasing the Property?
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?
i. Is the Property part of a Community Development District (CDD)?
If yes, please see Community Development District Acknowledgment.
4.ENVIRONMENT:
a.Was the Property built before 1978?
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?
d.Are there any wetlands, conservation easements/buffers, archeological sites or other
environmentally sensitive areas located on the Property active or abandoned?
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
(e.g. for oceanfront or historic district properties)?
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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?
No Unknown
b. If yes, are you aware if any insurance claims were filed?
c. Have you made any additions, structural changes or other alterations to the Property?
If yes, did you obtain all necessary permits?
d. Was any of the work in violation of any building codes?
e.Were there any additions, structural changes or other alterations made to the Property by any
previous owner?
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?
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?
If yes, what was done to correct the leak(s)? _________________________________________________________________
c.
Has the roof been replaced or repaired during your ownership of the Property?
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
a.Does the Property have any of the following?
Pool/Spa Heater
Type:
Solar
Spa/Hot Tub
b. Have repairs ever been made to any item mentioned above?
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
Brand Name: ____________________ Age ____
Fuel Oil Brand Name: __________________ Age ____
c.If heat pump, type: _____________________
Air condenser age ___________ Air handler age __________
Window/Wall Unit (s) ______ Number and location of units included in sale: ___________________________________________
f. Solar Heating:
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
ductwork since you have owned the Property?
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?
Are you aware of any attempts to control any water or dampness problems, including in any crawl
spaces?
Are you aware of any insurance claims filed for water intrusion?
If yes, please indicate when and the disposition ______________________________________________________________
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11.
SINKHOLES, SETTLING AND SOIL MOVEMENT
Are you aware of any past or present settling, soil movement or sinkhole(s) affecting the Property?
If yes, please explain:____________________________________________________________________________________
Are you aware of any insurance claims filed for a sinkhole with an insurance company?
If yes, has the claim has been completely settled with your homeowner’s insurance company?
If yes, was the full amount of the claim proceeds used to repair the sinkhole damage?
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?
13.
PLUMBING
Are you aware of any problems with the plumbing system?
Are you aware of any polybutylene pipes on the Property?
Are you aware of any leaks, back-ups, water or sewer/septic tank problems?
d.What is your drinking water supply source? Public Private Well on Property Shared well
If your water is from a well, have there ever been repairs/replacements to the well or pump?
Has the well water ever been tested?
Do you have a separate water supply source for irrigation?
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? _____
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?
If yes, please explain: _____________________________________________________________________________________
Does the Property have any aluminum wiring?
15.
EXCLUSIONS/LEASED SYSTEMS
Are there any items that are affixed to the Property that are excluded from the sale?
If yes, please itemize: _____________________________________________________________________________________
Is there any leased equipment included in the sale?
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?
b.Is the Property currently under service agreement or bond for wood-destroying organisms with
a licensed pest control company?
If yes, with what company and renewal date?_________________________________________________________________
Is the service agreement or bond transferable?
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?
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
a. Does anyone, including any owner’s association, have a right of first refusal or an option to buy
the Property?
b. Are you aware of any existing or threatened legal action affecting you or the Property?
No .
c. Does the Property currently have homestead tax exemption? If yes, for which year? ___________
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?
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
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
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Filling out the Florida Seller Property Disclosure form is an important step in the process of selling your property. This form requires detailed information about the condition of the property and any known issues that may affect its value. Completing it accurately will help ensure a smooth transaction and protect both you and the buyer.
Once you have completed the form, it is advisable to review it for accuracy and completeness. This ensures that you are providing the buyer with the most reliable information about your property. If you have any uncertainties, consider consulting with a real estate professional for guidance.
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. In Florida, sellers are required to inform buyers about any known issues that could negatively impact the property's value. This form provides a structured way for sellers to share details about the property's condition, legal matters, and any other relevant factors that may not be immediately visible to a buyer.
What kind of information does the seller need to disclose?
Sellers must disclose any facts that could materially affect the value of the property. This includes information about structural issues, past repairs, environmental hazards, and any legal actions that may involve the property. If there are any existing tenants, lease agreements, or homeowners' association rules, these details must also be included. The goal is to ensure that buyers have a clear understanding of what they are purchasing.
Is the disclosure form a guarantee of the property’s condition?
No, the disclosure form is not a guarantee or warranty of the property’s condition. It is based solely on the seller’s knowledge at the time of signing. Buyers should not rely solely on this form; they are strongly encouraged to conduct their own inspections and seek professional advice to verify the property's condition and any potential issues.
What happens if a seller fails to disclose known issues?
If a seller fails to disclose known issues that materially affect the property's value, they may face legal consequences. Buyers could potentially sue for damages if they discover undisclosed problems after the sale. It is in the seller's best interest to be transparent and honest in their disclosures to avoid any future disputes.
Can a buyer negotiate based on the information provided in the disclosure?
Yes, a buyer can use the information in the disclosure to negotiate the sale price or request repairs before closing. If the disclosure reveals significant issues, buyers may ask for a reduction in the price or request that the seller make necessary repairs. Open communication between buyers and sellers can lead to a more satisfactory transaction for both parties.
What should a buyer do after receiving the disclosure form?
After receiving the disclosure form, buyers should carefully review the information provided. It is advisable to conduct a thorough inspection of the property with qualified professionals. This step helps to identify any potential problems that may not have been disclosed. Buyers should also consider discussing any concerns with their real estate agent to determine the best course of action.
Completing the Florida Seller Property Disclosure form requires careful attention to detail. One common mistake is failing to disclose known issues with the property. Sellers are legally obligated to reveal any facts that materially affect the property's value. Omitting such information can lead to legal consequences.
Another frequent error is providing inaccurate or outdated information. Sellers should ensure that all details, such as the year built or any repairs made, are current and correct. Inaccuracies can mislead potential buyers and complicate the transaction process.
Many sellers overlook the importance of answering all questions thoroughly. The form contains numerous sections, and skipping questions or providing vague answers can create confusion. Each section is designed to gather specific information that can impact a buyer’s decision.
Some sellers mistakenly assume that certain issues do not need to be disclosed. For example, if there has been water intrusion or pest infestations, these should be reported regardless of whether they have been resolved. Buyers have the right to know about past problems to make informed decisions.
Another mistake involves misunderstanding the implications of the disclosure. Some sellers believe that completing the form absolves them of all responsibility for the property's condition. However, the disclosure is not a warranty and does not protect sellers from liability if undisclosed issues arise.
Failing to update the form after significant changes is also a common oversight. If a seller makes repairs or alterations after completing the disclosure, they must inform the buyer. Keeping the disclosure current is essential for transparency.
Many sellers neglect to consult with their real estate agent when filling out the form. Agents can provide valuable guidance on what to disclose and how to answer questions accurately. Collaboration can help avoid misunderstandings and ensure compliance with legal obligations.
Some sellers may not take the time to understand the form's sections fully. Each part serves a purpose, and familiarity with the questions can lead to more accurate responses. A lack of understanding can result in incomplete or misleading information.
In addition, sellers sometimes fail to provide necessary documentation when required. For instance, if there are warranties or service agreements related to the property, these should be attached to the disclosure. Providing complete documentation enhances credibility and transparency.
Lastly, some sellers may rush through the form without considering the implications of their answers. Taking the time to reflect on each question and provide thoughtful responses can prevent future disputes and ensure a smoother transaction process.
The Florida Seller Property Disclosure form is an essential document in real estate transactions, ensuring that sellers provide potential buyers with vital information about the property. Along with this form, several other documents are commonly used to facilitate a smooth transaction. Below is a list of these documents, each serving a specific purpose in the buying and selling process.
Understanding these documents is crucial for both buyers and sellers. Each one plays a vital role in ensuring that the transaction is conducted fairly and transparently. It is advisable to review all forms carefully and seek professional guidance if needed to navigate the complexities of real estate transactions.
The Florida Seller Property Disclosure form serves an important purpose in real estate transactions. It helps sellers disclose known issues about a property to potential buyers. Several other documents share similar functions in various contexts. Here’s a look at eight documents that are similar to the Florida Seller Property Disclosure form:
Each of these documents emphasizes the importance of transparency in real estate transactions, helping buyers make informed decisions while protecting sellers from future legal disputes regarding undisclosed property issues.
This form is not a warranty. Instead, it serves to disclose what the seller knows about the property. Buyers should still conduct their own inspections to assess the property's condition.
Sellers are only required to disclose material facts that could significantly affect the property's value. Minor issues that do not impact the overall value may not need to be disclosed.
While it helps sellers comply with legal requirements, the form primarily benefits buyers by providing crucial information about the property. This transparency can help buyers make informed decisions.
It is possible that sellers may not know about certain issues, especially if they have not lived in the property for long or if the problems are hidden. The form reflects the seller's knowledge at the time of signing.
This form does not substitute for a professional inspection. Buyers are strongly encouraged to have the property inspected by qualified professionals to uncover any hidden issues.
If a seller is aware of a potential issue, they must disclose it, even if they are unsure about its severity. Failure to disclose known issues can lead to legal consequences.
Reviewing the disclosure may lead to negotiations. If buyers find concerning information, they can use it as a basis to negotiate repairs or price adjustments with the seller.
Each property may have unique issues that require different disclosures. The form is tailored to the specific property and the seller's knowledge, so it can vary significantly from one property to another.
Disclosure Requirement: In Florida, sellers must disclose all known facts that materially affect the property's value and are not easily observable by buyers.
Not a Warranty: The Seller Property Disclosure is not a warranty or guarantee of the property's condition and does not replace the need for inspections.
Seller's Knowledge: The information provided in the disclosure reflects the seller's knowledge as of the date the form is signed.
Occupancy Status: Sellers must indicate whether they currently occupy the property and if it is tenant-occupied, along with details of any lease agreements.
Property Information: Sellers must list installed items and their conditions, such as appliances and systems, which can significantly influence buyer decisions.
Claims and Assessments: Sellers should disclose any existing or pending legal actions or municipal assessments that could impact the property.
Environmental Hazards: Sellers must reveal any known environmental hazards or past remediation efforts related to the property.
Buyer Acknowledgment: Buyers must acknowledge receipt of the disclosure and are encouraged to conduct their own inspections to verify the property's condition.