Florida guide

Johnson v. Davis Material Defect Duty: FL's Case-Law-Based Disclosure Standard

Florida has no state-mandated seller disclosure form, but a 1985 Florida Supreme Court case called Johnson v.

Reading as buyer.

TL;DR

Florida has no state-mandated seller disclosure form, but a 1985 Florida Supreme Court case called Johnson v. Davis still requires sellers to reveal known defects that hurt a home's value and that you cannot easily spot yourself. As the buyer, you have the right to learn about hidden problems like roof leaks, water damage, or foundation cracks before closing. If a seller hides a known defect, you may be able to sue for damages or unwind the sale after closing.

Before you start — 8 things to know

Florida has no statute requiring sellers to fill out a specific property disclosure form, but the 1985 Florida Supreme Court case Johnson v. Davis still makes sellers reveal known defects.
A seller must disclose a defect to you when three things are true: the seller actually knows about it, it hurts the home's value or desirability, and you cannot easily see it on a normal walk-through.
Anything visible during a normal walk-through counts as 'readily observable,' so the seller does not have to point it out — that is why a careful buyer inspection is on you.
Under Florida statute 475.278, the listing agent and any transaction broker independently owe you the same duty to disclose known facts that materially affect the home's value, even if the seller stays silent.
Common hidden defects that Florida sellers must disclose include past water intrusion, old roofs with prior leaks, failing HVAC, foundation cracks, prior insurance claims, mold remediation, polybutylene plumbing, aluminum wiring, and unpermitted additions.
If a seller hid a known defect from you, the duty under Johnson v. Davis cannot be waived by any 'as-is' clause, and you may be able to sue for damages or rescind the sale.
A signed Florida REALTORS Seller's Property Disclosure form is voluntary but is the strongest paper trail in court — ask for a completed copy before you write an offer.
When the seller is also a licensed real estate agent, Florida courts hold them to a higher standard because they are presumed to recognize what counts as a material defect.

The timeline — step by step

Before making an offer in Florida, ask the seller or listing agent for a completed Florida REALTORS Seller's Property Disclosure form.
Read the disclosure line by line and flag every issue mentioned, such as past leaks, repairs, or insurance claims, as starting points for your home inspection.
During the inspection period, hire a licensed home inspector to test disclosed items and look for anything else that could be a hidden defect under Johnson v. Davis.
If your inspector or research uncovers a defect the seller knew about but did not share, raise it in writing before closing so you can renegotiate, repair, or walk away.
After closing, if a hidden defect surfaces that the seller clearly knew about, save all records and contact a Florida real estate attorney quickly because statutes of limitations apply.

Common questions

Is the seller required by Florida law to give me a property disclosure form?

No, Florida has no statute requiring a specific seller disclosure form, but the Johnson v. Davis court case still requires sellers to disclose any known defect that hurts the home's value and that you cannot readily observe.

What counts as a 'material defect' the seller must reveal to me?

A material defect is anything the seller actually knows about that lowers the home's value or makes it less desirable, such as a leaking roof, foundation crack, mold remediation, or an unpermitted addition.

What if the seller claims they did not know about the problem?

The seller has to back that up, and if the seller is also a licensed real estate agent, Florida courts hold them to a higher standard because they are presumed to recognize a material defect.

Can the listing agent also be sued if a defect was hidden from me?

Yes, under Florida statute 475.278 the licensee owes you an independent duty to disclose known material facts and that duty cannot be waived by agreement.

Does an 'as-is' contract clause let the seller skip disclosure?

No, an 'as-is' clause does not erase the Johnson v. Davis duty, so the seller still must tell you about known defects that are not readily observable.

What can I do if I discover a hidden defect after closing on a Florida home?

If you can show the seller knew about the defect, you may have grounds for a fraud or breach-of-duty claim, so save documents and consult a Florida real estate attorney before deadlines run.

Sources

Last updated