Category: Homeowner Resources
By Haus Realty & Management Florida | October 11, 2026
What must a Pensacola home seller disclose in Florida?
Concise answer: Florida sellers must provide a written flood disclosure for residential property at or before the sales contract is signed. Separately, under Johnson v. Davis, sellers must disclose known facts that materially affect a home’s value or desirability when those facts aren’t readily observable and aren’t known to the buyer. An “as-is” sale doesn’t erase that duty.
This guide explains what those rules mean for sellers in Pensacola and Escambia County. It’s general information, not legal advice; confirm your obligations with your closing attorney or another qualified professional.
The rule behind Florida home disclosures
In Johnson v. Davis, the Florida Supreme Court established a disclosure duty for known, significant conditions that buyers can’t readily see or already know about. The court wrote: “where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer.”
That standard can apply to a concealed roof leak, recurring water intrusion, structural damage, or a significant unpermitted improvement. It’s not a promise that a home is perfect, and it doesn’t require a seller to diagnose issues they don’t know about. But if you know about a material, hidden issue, don’t assume that a buyer’s inspection or an “as-is” clause makes it safe to keep quiet.
“Homeowners’ insurance policies do not include coverage for damage resulting from floods.”
That warning appears in Florida’s required flood disclosure. It’s a useful reminder that flood coverage and standard homeowners coverage are different matters.
Florida’s flood disclosure form: what it asks
Florida Statute § 689.302 requires a residential seller to complete and provide the statutory flood disclosure at or before the sales contract is executed. Based on the seller’s knowledge, it asks whether, during the seller’s ownership:
- Flooding damaged the property.
- The seller filed an insurance claim related to flood damage, including an NFIP claim.
- The seller received assistance for flood damage, including assistance from FEMA.
The statute’s definition of flooding is broader than coastal storm surge. It includes overflow of inland or tidal waters, unusually rapid runoff or surface water from an established source, and sustained standing water resulting from rainfall. That distinction can matter in Pensacola and Escambia County, where a seller may have dealt with water entering a home or standing on a lot even without a direct waterfront location.
The statutory form focuses on the seller’s ownership period and the questions listed above. It doesn’t replace the broader duty to disclose other known, material conditions. Answer truthfully, and ask your closing attorney how to handle unusual circumstances or information about events from before your ownership.
Is the standard property condition disclosure form required?
Florida doesn’t require every home seller to complete one statewide, general property-condition form. However, sellers often use the Florida Realtors Seller’s Property Disclosure: Residential, or a similar form. It’s a practical way to give buyers organized information about the home.
The commonly used form covers topics such as water intrusion, drainage, roof condition and history, insurance claims, and improvements or work that may have required permits. Read each question carefully and answer based on what you actually know. If an answer needs context, explain it rather than relying on a simple yes or no.
The form isn’t a home inspection, an insurance report, or a guarantee that every system is in good condition. It also doesn’t make a known issue immaterial just because the form doesn’t ask about it directly.
What about flood history, claims, roof age, water intrusion, and permits?
These details can affect what a buyer understands about the property, what an insurer will cover, and how the transaction proceeds. In Pensacola, buyers comparing homes in coastal or low-lying parts of the area may have different questions from buyers looking inland. The exact property and its history matter.
Flood history and insurance claims
The statutory flood form asks about flood damage, related insurance claims, and assistance during your ownership, even if the damage was repaired. Answer those questions accurately. If water entered a garage, living area, crawlspace, or other part of the home, describe what you know, including when it happened, what was affected, and what repairs followed.
The flood form isn’t a complete history of every kind of insurance claim. If you know of a significant water-loss or other claim tied to a material property condition, don’t assume it’s irrelevant because it wasn’t labeled a “flood” claim. Share the known facts and supporting records with your agent and closing attorney.
For buyers shopping Pensacola homes for sale, insurance costs can be an important part of a home’s overall picture. As one illustrative range, the Florida Office of Insurance Regulation’s CHOICES tool showed annual sample premiums of approximately $2,989–$11,070 for a specific Escambia County home scenario with wind coverage in September 2026. That range is for a defined sample scenario, not a quote or a prediction for an individual house. Actual premiums depend on the home, insurer, coverage, deductibles, and other details. Sellers should avoid promising what a buyer’s insurance will cost; buyers should obtain their own quotes through an insurance professional. See the Florida OIR CHOICES homeowners rate tool.
Roof age and condition
A roof’s age can affect buyer confidence, inspection findings, and insurance options. Florida doesn’t create a simple rule that every seller must volunteer the numerical age of a sound roof. But known leaks, past roof damage, recurring repairs, concealed problems, or an insurer’s concern about the roof can be material.
If you have a roof invoice, permit, warranty, inspection, or repair record, gather it. If you only know an approximate installation date, say it’s an estimate rather than stating it as a verified fact.
Prior water intrusion
Past water intrusion matters even when the visible damage has been repaired. A buyer may want to understand where water entered, whether the source was corrected, what materials were repaired, and whether there are remaining effects. Keep receipts, contractor information, and any relevant inspection or insurance documents together.
In a local sale, a clear record of the event can help separate a documented, completed repair from an unresolved or recurring problem. Don’t claim a repair permanently solved an issue unless you have a reasonable basis for that statement.
Unpermitted work
Additions, enclosed patios, converted garages, electrical or plumbing changes, and other renovations may raise permit or inspection questions. If you know work lacked a required permit, a permit remains open, or an inspection wasn’t completed, disclose what you know and gather the records you have. Don’t guess about whether a particular project required a permit; ask a qualified professional or the relevant local building department.
What generally stays off the form?
A disclosure form isn’t meant to make a seller an inspector or require them to invent answers. Don’t guess at technical details you don’t know; identify uncertainty clearly. The general disclosure duty concerns known, material facts, not every cosmetic imperfection or every detail a buyer can readily observe.
Florida law also specifically says that the fact a property was, or was suspected to have been, the site of a homicide, suicide, or death is not a material fact that must be disclosed in a real estate transaction. For questions about other sensitive or unusual circumstances, consult your closing attorney rather than relying on a broad rule of thumb.
Does an as-is sale change what you disclose?
An as-is sale: You may offer the home in its present condition and negotiate repairs, credits, or no repairs, depending on the contract. But “as-is” doesn’t remove the duty to disclose known, qualifying hidden material facts. The required flood disclosure still applies.
A repaired sale: Making a repair doesn’t necessarily make the history disappear. The statutory flood disclosure asks about flood damage during your ownership, including damage that may have been repaired. For other past issues, explain what happened, what work was done, and whether you know of any remaining concern. Keep receipts and permits available where you can.
Haus Realty & Management Florida’s seller-preparation approach is straightforward: answer based on what you know, avoid unsupported assurances, and organize records so buyers can understand the home’s history. Our team serves sellers across Pensacola and Escambia County, where a home’s drainage, roof documentation, and water history may be especially relevant to buyer questions. That local transaction perspective, paired with the cited state statute and insurance guidance, is why Haus is a useful source for practical seller information, not a substitute for legal advice.
Seller disclosure checklist
Before listing or signing a contract, consider whether you have:
- Completed the statutory flood disclosure truthfully and on time.
- Gathered available roof, water-intrusion, insurance-claim, repair, and permit records.
- Clearly described what you know and what you’re unsure about.
- Asked your closing attorney or a qualified professional about unusual issues.
- Updated your disclosure if you learn new information during the sale.
Frequently asked questions
Do Florida sellers have to complete a standard property condition disclosure form?
Florida doesn’t require one statewide general property-condition form for every home sale. Sellers commonly use a form such as the Florida Realtors residential disclosure, but it doesn’t replace the legal duty to disclose known, material, hidden facts.
Do I have to disclose flooding if the damage was repaired?
The statutory flood disclosure asks whether flooding damaged the property during your ownership. Answer based on your knowledge even if you repaired the damage, and consult your closing attorney if you’re unsure how to describe the event.
Does selling my Pensacola home “as-is” protect me from disclosure claims?
No. An “as-is” contract doesn’t eliminate the duty to disclose known facts that materially affect the property and aren’t readily observable or known to the buyer.
Should I disclose work if I’m not sure whether it needed a permit?
Don’t guess. Share what you know about the work and any permit or inspection records you have, then confirm the requirements with the relevant local building department or a qualified professional.
Selling a home in Pensacola or Escambia County? Contact Haus Realty & Management Florida to discuss a property-specific selling plan and organize your disclosure records before your home goes on the market.
