Not legal advice. This page is educational. It explains public sources we read on October 16, 2026: the Florida Supreme Court opinion in Johnson v. Davis, the Third District opinion in Levy v. Creative Construction Services of Broward, Inc., the 2026 Florida Statutes on the Florida Legislature site, Laws of Florida chapters 2024-215 and 2025-166, and the U.S. Environmental Protection Agency lead-disclosure page. Consult a Florida real estate attorney before you sign a contract or mark a disclosure.
Do I have to disclose if I sell my Florida house as-is?
Yes, when you know of a fact that materially affects the value and the buyer cannot readily see it. In Johnson v. Davis, the Florida Supreme Court held that 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. The opinion says this duty is equally applicable to all forms of real property, new and used. The court decided the case on October 31, 1985, and denied rehearing on January 20, 1986. The citation is 480 So. 2d 625. The docket number is 65330.
An as-is line does not cancel that sentence. In Levy v. Creative Construction Services of Broward, Inc., 566 So. 2d 347 (Fla. 3d DCA 1990), the Third District reversed a summary judgment. The per curiam opinion, filed September 4, 1990, in case 90-335, says the seller is not absolved of the Johnson duty merely because the contract was an as-is contract. The court wrote that it discerned no as-is contractual exception to the duty imposed by Johnson. The Florida Bar Journal (June 2004, Vol. 78, No. 6) quotes that sentence.
Florida does not print one all-systems seller notice the way Texas Property Code Section 5.008 does. The known-defect duty comes from Johnson. Separate statutes add the flood form, the radon sentence, and the property-tax summary below. A Florida real estate attorney matches those texts to your deed and contract.
Do I have to disclose to a cash buyer in Florida?
Yes, when Johnson or Florida Statutes Section 689.302 applies. Johnson states the duty to the buyer. Section 689.302 says a seller must complete and provide a flood disclosure to a purchaser of residential real property at or before the time the sales contract is executed. The statute uses the word purchaser. It does not split purchasers into cash and financed. A buyer who wires funds to a title company or a closing attorney is still the purchaser named in that section.
The same is true of the radon notice in Section 404.056(5). That subsection requires the notification on at least one document executed at the time of, or prior to, a contract for sale and purchase of any building. The trigger is the contract for sale and purchase. The subsection does not ask how the buyer will pay. A cash contract is still a contract for sale and purchase.
Home Pros (Balint Holdings, LLC) buys for cash. Send the address on the cash offer form if you want a number. The written offer window is 24 hours. The fastest close is 7 days. A typical close is 14 to 30 days. Home Pros pays closing costs, is veteran-owned, was founded in 2025, and is based in San Antonio. Those facts describe the purchase. They do not waive Johnson or Section 689.302. Markets are on the sell my house fast hub and the Florida page.
What did Johnson v. Davis require a Florida seller to disclose?
The holding is tied to the seller's knowledge. The seller must know the facts. The facts must materially affect the value of the property. They must not be readily observable. They must not be known to the buyer. If those pieces are present, the seller is under a duty to disclose them. The opinion also recites a separate fraud claim for an affirmative lie: a false statement of a material fact, the speaker's knowledge that it is false, an intention that the other person act on it, and injury from that reliance. The Davises won on both the false statement about the roof and the failure to disclose the roof problems the sellers knew about.
The house in Johnson was three years old, and the contract price was $310,000. After a heavy rain the buyers found water coming in around a window, through the family-room ceiling, at the glass doors, and at the kitchen stove. Mr. Johnson admitted the sellers knew of roof problems before the contract. A stain a buyer can see from the sidewalk raises a different question from a leak that shows up only in a storm. This page does not sort the cracks on your house.
Chief Justice Boyd dissented and wrote that a change this large should have come from the legislature. The majority holding is the rule the Third District applied in Levy. Read the opinion, then have a Florida real estate attorney apply it to your contract.
What does Florida's flood disclosure require before you sign?
Section 689.302, in the 2026 Florida Statutes on the Legislature site, says the seller must complete and provide a flood disclosure to a purchaser of residential real property at or before the sales contract is executed. The form states that homeowners insurance does not cover flood damage and points the buyer to a separate flood policy. The seller then marks knowledge of flooding that damaged the property during the seller's ownership, any flood-damage insurance claim (including a National Flood Insurance Program claim), and any flood assistance (including assistance from the Federal Emergency Management Agency). Flooding, in the statute, means partial or complete inundation from overflow of inland or tidal waters, unusual and rapid runoff from a river, stream, or drainage ditch, or sustained standing water from rainfall.
Chapter 2024-215 (CS/CS/HB 1049) created the section. The Governor approved it May 29, 2024, and Section 2 says it takes effect October 1, 2024. That first form asked about a claim and about federal assistance. Chapter 2025-166 (CS/CS/SB 948) amended it. The Governor approved that chapter June 20, 2025, and Section 6 says it takes effect October 1, 2025. The current statute adds the ownership-knowledge question. Use that current form. Visible storm damage is covered in selling a fire, storm, or water damaged house as-is.
Which radon and lead-paint notices still apply?
Section 404.056(5) requires this notification on at least one document, form, or application executed at the time of, or prior to, a contract for sale and purchase of any building: "RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department." The subsection does not apply to residential transient occupancy of 45 days or less, as described in Section 509.013(12). The 2026 Florida Statutes page is the text we used.
Lead-based paint is federal, and it covers Florida houses inside the rule. The U.S. EPA page, updated May 27, 2026, says sellers of most pre-1978 housing must, before the buyer signs, give the pamphlet Protect Your Family From Lead In Your Home, disclose known lead-based paint and hazards, hand over available records, and include a Lead Warning Statement. The buyer has 10 days to test. The parties may lengthen, shorten, or waive that period in writing. The seller keeps the signed disclosures for three years. The EPA page excludes housing built after 1977, foreclosure sales, and housing a certified inspector found to be lead-based paint free.
What property-tax summary does Florida require?
Section 689.261 requires a property-tax disclosure summary at or before the contract for residential property. The statutory text tells the buyer not to rely on the seller's current property taxes as next year's bill, because a change of ownership or improvements can trigger a reassessment. If the summary is not already in the contract, the seller attaches it and the contract must point the buyer to it. The history line is section 5, chapter 2004-349. The table is a map of the notices above.
| Notice | Source we read | When it is due |
|---|---|---|
| Known facts that materially affect value and are not readily observable | Johnson v. Davis, 480 So. 2d 625 (Fla. 1985); Levy, 566 So. 2d 347, finds no as-is exception | The duty runs to the buyer. Levy applied it to an as-is contract. |
| Flood disclosure | Section 689.302; ch. 2024-215 and ch. 2025-166 | At or before the sales contract is executed |
| Radon sentence | Section 404.056(5) | On at least one document at or prior to the contract |
| Lead-based paint | EPA Lead-based Paint Disclosure Rule, page updated May 27, 2026 | Before the buyer signs, for most housing built before 1978 |
| Property-tax summary | Section 689.261 | At or before execution of the contract for sale |
What does a Florida as-is contract protect?
Levy answers the question sellers actually ask. The Third District held that the seller was not absolved of the Johnson duty merely because the contract for the sale of the home was an as-is contract, and it discerned no as-is contractual exception to that duty. Section 689.302 still requires the flood disclosure at or before execution. Section 404.056(5) still requires the radon sentence on a document at or prior to the contract. Section 689.261 still requires the property-tax summary at or before execution. The EPA rule still covers most pre-1978 houses. None of those texts, as we read them on October 16, 2026, contains a sentence that drops the notice because the contract says as-is.
In a Home Pros sale, as-is means the seller is not asked to finish repairs before closing. The offer starts from after-repair value, then subtracts repairs, our margin, and holding costs. Known damage changes the repair number. The formula is on how we calculate your offer, and a repair guess can go through the cash offer calculator. Deed stamps and other closing lines are in cash sale closing costs. Home Pros pays closing costs. That payment does not fill out the flood form.
Put the flood disclosure, the radon sentence, the tax summary, and any lead-paint packet with the contract before anyone signs. Section 689.302 times the flood disclosure to execution. Call (830) 510-1597 if you want the closing date set after the form is filled in.
What should I tell a cash buyer about storm or flood damage?
Tell the purchaser what you know. If flooding damaged the property during your ownership, the current Section 689.302 form asks that, along with any flood claim (including a National Flood Insurance Program claim) and any flood assistance (including FEMA). The statute's definition covers overflow of inland or tidal waters, unusual runoff from a river, stream, or drainage ditch, and sustained standing water from rainfall. A hurricane or a week of rain belongs on the form when it inundated the property during your ownership. The form asks what you know and what you filed.
A hidden roof leak is the fact pattern of Johnson. The sellers there knew of roof problems, and the contract still gave the buyer a roof inspection, and the court found a duty to disclose the known problems. Tell your attorney and the buyer about a leak you remember before you sign. Visible fire, storm, or water damage is a condition question for the offer, covered in selling a fire, storm, or water damaged house as-is. The company overview is on we buy houses.
Home Pros is BBB accredited. The Google listing shows a 4.9 rating from 98 reviews. None of that is a legal opinion on your flood form, your radon notice, or a roof you have lived with. Bring the contract and the questions you cannot answer to a Florida real estate attorney before you sign.
Frequently asked questions
Do I have to disclose defects if I sell my house as-is in Florida?
Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), holds that a home seller who knows facts materially affecting the value of the property, which are not readily observable and are not known to the buyer, must disclose them. In Levy v. Creative Construction Services of Broward, Inc., 566 So. 2d 347 (Fla. 3d DCA 1990), the Third District wrote that it discerned no as-is contractual exception to that duty. This is not legal advice.
Do I have to give disclosures to a cash buyer in Florida?
Yes, when Johnson v. Davis or Florida Statutes Section 689.302 applies. The case states the duty to the buyer. Section 689.302 requires a flood disclosure to a purchaser of residential real property at or before the sales contract is executed. Neither text creates a separate rule for a buyer who pays cash. A cash contract is still a sale. This is not legal advice.
What flood disclosure does Florida require when I sell a house?
Section 689.302 requires the seller to complete and provide a flood disclosure at or before the sales contract is executed. The current form asks about flooding that damaged the property during the seller's ownership, flood-damage insurance claims, and flood assistance, including assistance from FEMA. It also states that a homeowners policy does not include flood coverage. Chapter 2024-215 took effect October 1, 2024. Chapter 2025-166 took effect October 1, 2025. This is not legal advice.
Does Florida require a radon notice on a home sale?
Section 404.056(5) requires a radon-gas notification on at least one document, form, or application executed at the time of, or prior to, a contract for sale and purchase of any building. The statute prints the sentence that must appear, and it points readers to the county health department. The subsection does not apply to residential transient occupancy of 45 days or less. This is not legal advice.
Do I have to give a lead-paint notice when I sell a Florida house?
The U.S. EPA Lead-based Paint Disclosure Rule applies to most private housing built before 1978. Before the buyer signs, the seller provides the lead pamphlet, discloses known lead-based paint and hazards, provides available records, and includes a lead warning statement. Buyers get 10 days to inspect unless the parties agree in writing to a different period or the buyer waives it. Housing built after 1977 is outside the rule. This is not legal advice.
What does an as-is contract protect in a Florida home sale?
Levy holds that an as-is contract does not absolve the seller of the Johnson duty to disclose known defects that materially affect value and are not readily observable or known to the buyer. Section 689.302 and Section 404.056(5) still require their notices at or before the contract. An as-is purchase by Home Pros means the seller is not asked to finish repairs before closing. This is not legal advice.
What if I do not know whether my Florida house has flooded?
Section 689.302 asks whether the seller has knowledge of flooding that damaged the property during the seller's ownership, and whether the seller has filed a flood claim or received flood assistance. The form is about the seller's knowledge and history. Johnson likewise turns on facts the seller knows. Mark the form from what you know. Do not guess at a storm you did not see. This is not legal advice.
Sources
These are the pages cited above. They are not a legal opinion on your contract, your deed, or your notices.
- Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), decided October 31, 1985, rehearing denied January 20, 1986: duty to disclose known facts that materially affect value, are not readily observable, and are not known to the buyer.
- Levy v. Creative Construction Services of Broward, Inc., 566 So. 2d 347 (Fla. 3d DCA 1990), filed September 4, 1990: no as-is contractual exception to the Johnson duty.
- Florida Bar Journal, June 2004: discussion of Johnson and the Levy as-is holding. A journal article is commentary. The opinions control.
- Florida Statutes Section 689.302 (2026 Florida Statutes): current flood disclosure form. History line: s. 1, ch. 2024-215; s. 2, ch. 2025-166.
- Chapter 2024-215, Laws of Florida: created Section 689.302, effective October 1, 2024.
- Chapter 2025-166, Laws of Florida: amended Section 689.302, effective October 1, 2025.
- Section 404.056(5), 2026 Florida Statutes: radon notification on real estate documents.
- Section 689.261, 2025 Florida Statutes: property-tax disclosure summary. History: s. 5, ch. 2004-349.
- U.S. EPA, Real Estate Disclosures about Potential Lead Hazards, page updated May 27, 2026: pre-1978 lead-paint disclosure, 10-day inspection window, and listed exceptions.
Not legal advice. Statutes, session laws, and agency pages change. Your deed, your contract, and the county where the house sits control the sale. Consult a Florida real estate attorney before you sign.