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Chapter 01 · Topic 01.5 · Inspection & due diligence

Seller's Property Disclosure in Florida — what the seller must disclose

The Seller's Property Disclosure Statement (SPDS) in Florida: legal basis Johnson v. Davis (1985), Florida Realtors form content, how to read it, alarms, post-sale hidden-defect remedies, comparison with Quebec DV.

Published 2026-04-28Last reviewed 2026-04-29 time ≈ 10 minAuthor CanadaFlorida Editorial Team

Direct answer · 60-second summary

The 60-second version

The Seller's Property Disclosure Statement (SPDS) is the document where the seller declares the known state of the property — defects, past water infiltration, hurricane damage, electrical issues, infestations, pending litigation. In Quebec, this is the Déclaration du vendeur sur l'immeuble (mandatory OACIQ form DV). In Florida, it's imposed by Johnson v. Davis (1985) case law more than by statute, but Florida Realtors provides a standardized form.

REFERENCE · ACRONYMS USED IN THIS GUIDE

Acronyms used in this guide

Johnson v. Davis: the legal basis

Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), of the Florida Supreme Court, establishes that the seller has an affirmative duty to disclose any known material fact affecting the property's value, not reasonably observable by the buyer.

Three criteria:

  • Seller knows the fact.
  • The fact affects value.
  • The fact is not reasonably observable by buyer during a tour.

If all three are met and seller failed to disclose, buyer has a fraud civil remedy.

Standard SPDS content

The Florida Realtors form covers:

  • Roof: age, past leaks, repairs, active warranty.
  • Plumbing: type (polybutylene?), leaks, water heater.
  • Electrical: panel brand, amperage, known issues.
  • HVAC: age, maintenance, operation.
  • Structure: cracks, settling, infiltration.
  • Hurricane damage: Andrew, Wilma, Irma, Ian, Helene, Milton, etc.
  • Flooding: past events, flood zone, NFIP claim history.
  • Termites & WDO: presence, treatment, warranty.
  • Septic & well: if applicable, last pumping, water quality.
  • Chinese drywall: 2001–2008 homes.
  • Asbestos, lead, radon, mold: known presence.
  • HOA / condo: pending litigation, special assessments.
  • Liens, judgments, litigation on the property.
  • Open permits.
  • Wood-destroying organisms inspection history.
  • Sinkholes: past events, repairs.

How to read an SPDS

  1. Read every "Yes" box carefully. Request details on all yes.
  2. Verify "No" with skepticism on at-risk items (hurricane damage in hurricane zone = very unlikely no).
  3. For each "Unknown", ask why seller doesn't know (recent buyer? inheritance?).
  4. Cross-reference with county property appraiser history and permit search.
  5. Keep written copy of SPDS in your files — legal evidence post-sale.

Answers that should raise alarms

  • "No, but I'm not sure" = diplomatic cover, request specifics.
  • Hurricane damage: "No" on a property in hurricane zone that went through Andrew/Irma/Ian/Helene/Milton = unlikely.
  • Roof leaks: "No, repaired" without documentation of repairs = signal for deeper roof inspection.
  • HOA litigation: "No" when major special assessment is pending = potential lie.
  • Permit history: "None" when an addition is clearly visible = possible lie.
  • "Don't know" on questions a normal owner would know (e.g., water heater age).

Remedies if hidden defect post-sale

If after closing you discover a material defect the seller knew about and failed to disclose:

  1. Document the defect with photos, repair quotes, expert if possible.
  2. Show seller's knowledge: prior repair invoices, neighbor testimony, before-after photos.
  3. Demand letter via FL attorney.
  4. Mediation (often required pre-trial in FL).
  5. Civil fraud lawsuit (Johnson v. Davis) if mediation fails.

Statute of limitations: FL fraud = 4 years from discovery (Florida Statutes §95.11).

Comparison with Quebec DV

AspectQuebec (DV)Florida (SPDS)
MandatoryYes (OACIQ)Not by statute, but by Johnson v. Davis
FormatStandardized OACIQ formStandardized Florida Realtors form (most common)
CoverageHidden defects, infiltration, pyrite, serpula, etc.Same + hurricane, termites, Chinese drywall, sinkholes
AS-ISNo direct equivalent; sale without warranty possible but rareAS-IS common; seller discloses but doesn't repair
Fraud remedyHidden defects Civil Code + damagesJohnson v. Davis fraud claim
Prescription3 years (hidden defects)4 years (FL fraud) from discovery
Editorial team

CanadaFlorida Editorial Team

Research drawn from primary public sources cited at the bottom of every guide: U.S. and Florida statutes, U.S. and Canadian federal agencies, official Florida county and state authorities, and Canadian provincial bodies where applicable.

Every figure, rate, threshold, and deadline in this guide is drawn from a verifiable primary source listed at the bottom of the page. The article is updated whenever the underlying rules change, with a fresh review date stamped at the top.

Sources and references

All sources were publicly accessible at the last review date. Figures and rules may change; verify the current version before any decision.

  1. Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) — Seller's duty to disclose. scholar.google.com
  2. Florida Realtors — Seller's Property Disclosure Statement form. floridarealtors.org
  3. Florida Statutes §95.11 — Statute of limitations for fraud. flsenate.gov/§95.11
  4. OACIQ Déclaration du vendeur (DV). oaciq.com
  5. Code civil du Québec art. 1726 — vices cachés.

You've completed Topic 01.5

Inspection and due diligence covered. Next: Topic 01.6 on title and closing.

Back to Chapter 01 →

Related articles

General home inspection 4-Point inspection Wind mitigation Open permits search Title insurance (coming)

Disclaimer

This guide is for educational purpose only. Figures, rates, thresholds, and timelines are drawn from public sources at the date shown and may change.

For any concrete decision, consult a Florida-licensed Realtor®, a cross-border tax attorney, and a Canada–US CPA.