Sarasota County Seller Disclosure Requirements Explained

Florida law requires every Sarasota County seller to disclose all known facts that materially affect a property's value and aren't readily observable to the buyer, regardless of price point, property type, or whether the home is sold as-is. Rooted in the Florida Supreme Court's Johnson v. Davis (1985) decision and reinforced by several statutes most recently amended effective October 1, 2025, these obligations apply equally to an entry-level bungalow in Nokomis, a mid-range family home in Lakewood Ranch, and a luxury waterfront estate in Sarasota. Here's a complete breakdown of what you must disclose, what you don't, and the paperwork that protects you.

The Legal Foundation: Johnson v. Davis and What It Means for Sarasota Sellers

The Johnson v. Davis doctrine is the cornerstone of Florida seller disclosure law. The Florida Supreme Court established that sellers must disclose any known fact that:

• Materially affects the property's value, something a reasonable buyer would weigh in their purchase decision
• Is not readily observable, hidden behind walls, under floors, underground, or otherwise concealed from a normal walkthrough
• Is known to the seller, since actual knowledge is the standard. You aren't required to hire inspectors or investigate, but you can't look away from obvious warning signs

Florida doesn't mandate a single state-required disclosure form. However, the Florida Realtors Seller's Property Disclosure – Residential (SPDR-4), updated in early 2025, is the industry-standard tool used to meet this legal obligation. Completing it thoroughly creates a written paper trail demonstrating good faith, your strongest defense if a dispute arises after closing.

Sellers across all price tiers, affordable, mid-range, and luxury, carry the same disclosure obligations. A higher list price doesn't raise or lower the legal bar.

Structural and Physical Defects You Must Disclose in Sarasota County

Known defects in the following areas must be disclosed, regardless of whether the home is in a newer master-planned community or an older established neighborhood:

• Roof: Leaks, past water intrusion, prior repairs, or known end-of-life conditions
• Foundation: Cracks, settling, movement, or load-bearing wall modifications
• Plumbing: Leaks, sewer line issues, polybutylene or other problematic piping systems
• Electrical: Outdated wiring, known deficiencies, or fire-related history
• HVAC: Known failures, recent replacements, or systems operating outside normal parameters
• Water intrusion and mold: Any past or present moisture problems, including remediation history
• Termites and wood-destroying organisms: Past infestations, treatments, or ongoing damage
• Unpermitted work: Garage conversions, lanai enclosures, added square footage, or any renovation completed without a permit

Unpermitted additions are particularly common in older, affordable-tier pockets of Sarasota County, areas like older sections of Sarasota and Venice where a significant portion of the housing stock dates to the 1950s through 1970s. Buyers purchasing in these communities typically scrutinize permit history closely, and a buyer who discovers unpermitted work during inspection, or after closing, has grounds for legal action if the seller had knowledge and didn't disclose. The same pre-1978 vintage that makes these homes affordable also means lead-based paint exposure is a statistically elevated risk, more on that below.

Getting these disclosures right often comes down to understanding what a defect actually costs to fix, not just that it exists. Sellers who can put a realistic scope of work and repair estimate behind a known issue tend to have smoother negotiations and fewer surprises once the buyer's own inspection comes back. On the buyer's side, that same kind of cost clarity is what turns an inspection report into a productive repair negotiation instead of a standoff, which is one reason understanding what a renovation actually involves pays off on both ends of a deal.

Florida's Updated Flood Disclosure Requirements (Effective October 1, 2025)

Flood disclosure is now one of the most consequential areas of seller compliance in Southwest Florida, and the rules changed meaningfully on October 1, 2025 under Senate Bill 948, which amended Florida Statute § 689.302.

Sellers must complete the Flood Disclosure form (FD-2), released by Florida Realtors in September 2025, and provide it to the buyer at or before the sales contract is executed. The updated form requires sellers to address three items:

• Known flooding damage during ownership: Any flood event that damaged the property during the seller's ownership must now be disclosed, even if no insurance claim was ever filed. This is new as of October 1, 2025; prior law only required disclosure of insurance claims.
• Flood-related insurance claims: Whether the seller has filed a claim with any insurance provider, including through the National Flood Insurance Program.
• Flood-related assistance received: Whether the seller received assistance from any source for flood damage. The 2025 amendment removed the prior limitation to federal assistance only, so state, local, private, and FEMA assistance are all now covered.

The form also includes a notice that standard homeowners' insurance does not cover flood damage, a critical point for buyers relocating from inland markets.

This matters acutely in Sarasota County. Properties in Englewood and other low-lying areas of the county experienced significant flooding during an exceptionally active stretch of hurricane activity. Hurricane Debby made landfall in Florida in August 2024 and caused extensive flooding on the Sarasota mainland. Hurricane Helene brought major storm surge and historic flooding to Sarasota County on September 26, 2024. Hurricane Milton then made direct landfall along the Sarasota County coast on October 9, 2024 as a Category 3 storm with 115 mph sustained winds, the first hurricane to make landfall in Sarasota County since 1944.

These three 2024 storms, together with Hurricane Ian in 2022, represent the most sustained period of hurricane impact in the county's modern history.

If you received FEMA assistance, filed a flood insurance claim, or had documented water damage from storm surge, tidal overflow, or sustained rainfall from any of these storms during your ownership, that information must appear on the FD-2. Under the updated law, receiving state, local, or private flood assistance, not just federal, also requires disclosure.

Sellers who fail to provide the flood disclosure, or who provide it inaccurately, face exposure to legal action based on misrepresentation.

Source: Florida Realtors®, "Florida Expands Flood Disclosures," September 2025; Florida Statute § 689.302 as amended by SB 948 (2025).

Sinkhole Disclosure: A Sarasota-Specific Priority

Sinkhole activity is a genuine geological concern in portions of Sarasota County, where karst limestone formations underlie much of the land. Two separate legal obligations can require disclosure:

• Statutory duty, Florida Statute § 627.7073(2)(c): If an insurer paid a sinkhole claim on the property, that must be disclosed.
• Common-law duty, Johnson v. Davis: Any known sinkhole activity, confirmed, suspected, or remediated without an insurance claim, is a known material defect and must be disclosed.

The statutory duty is triggered only by a paid insurance claim, while the common-law duty applies to any actual knowledge of sinkhole conditions, regardless of whether a claim was ever filed. Past sinkhole remediation is often discoverable through public records and CLUE (Comprehensive Loss Underwriting Exchange) reports. A buyer who uncovers prior sinkhole remediation after closing, without having received prior disclosure, is a buyer with a strong legal claim. Sellers of luxury estates and mid-range homes alike should treat this as a zero-tolerance area. If there's any known history, disclose it and work with a licensed real estate attorney to document it clearly.

Environmental Disclosure Requirements in Sarasota County

Four environmental categories carry mandatory disclosure requirements for Sarasota County sellers: lead-based paint, radon, Chinese drywall, and asbestos or contaminated soil.

• Lead-based paint: Federal law (42 U.S.C. § 4852d) requires disclosure for homes built before 1978. Sellers must provide the EPA pamphlet "Protect Your Family from Lead in Your Home" and give buyers a 10-day window for lead inspection.
• Radon: Florida Statute § 404.056(5) requires a written radon disclosure in every residential sales contract. Standard Florida Realtors contract language already includes this, but if you have test results showing elevated radon levels (above 4.0 pCi/L per EPA guidance), those belong on the SPDR-4 form too.
• Chinese drywall: Homes constructed between approximately 2001 and 2009 that used defective imported drywall must disclose its presence. The off-gassing can corrode electrical wiring and HVAC systems.
• Asbestos and contaminated soil: Any known presence of asbestos-containing materials or soil contamination is a disclosable material defect. In renovations involving mid-century properties, asbestos-containing insulation, floor tiles, or pipe wrap may be present and must be addressed before or during the disclosure process.

In Sarasota County's older, affordable-tier neighborhoods, particularly parts of Sarasota and Venice built before 1978, a substantial share of the housing stock predates the lead-paint ban. Buyers in these markets frequently conduct lead testing, and the combination of older construction and investor-level scrutiny makes lead-based paint one of the more frequently litigated disclosure categories at the entry-level price tier.

Coastal Construction Control Line (CCCL)

For properties located partially or entirely seaward of the Coastal Construction Control Line, Florida Statute § 161.57 requires a separate written disclosure informing the buyer that the property may be subject to coastal erosion, that specific construction regulations apply, and that marine turtle protection rules may restrict certain activities.

Sellers of Gulf-front and near-beach properties in Sarasota County, at any price point, must ensure this disclosure is included. For luxury Gulf-front estates along Sarasota County's barrier islands, CCCL survey and setback requirements often impose significant restrictions on renovations, pool additions, seawall work, and dock or private pier construction. These are material conditions that prospective buyers at the upper end of the market need to understand before making an offer. Waterfront properties may carry additional restrictions related to seagrass and mangrove protections, including permitting limitations on mangrove trimming, that must also be disclosed. Buyers of luxury homes in Sarasota County routinely commission pre-offer environmental surveys to identify exactly these constraints, and undisclosed restrictions in this category are a frequent source of post-closing disputes in the upper tier.

HOA and Condo Association Disclosures

If your property belongs to a homeowners' association, Florida Statute § 720.401 requires you to provide the buyer with the governing documents, current financial statements, rules and regulations, and information about current fees and any pending special assessments. Florida Realtors released an updated HOA Addendum (CRSP16x_J) in early 2025 that streamlines this process; current listing contracts should incorporate it.

Given the volume of HOA and CDD communities across Sarasota County, from Lakewood Ranch's master-planned villages to Gulf-front condominium towers, this is one of the most frequently triggered disclosure categories in the market. For condo sellers, association-specific rules, reserve fund status, and any open special assessments must be disclosed in full.

Luxury condo towers can carry significant special assessments stemming from reserve funding requirements under Florida's post-Surfside condominium safety legislation. If your building has a pending or recently approved special assessment, that figure must be disclosed before the contract is executed. Buyers at this price point routinely request full reserve fund documentation and minutes from recent association board meetings as part of due diligence, and undisclosed assessments are among the leading causes of contract terminations in this segment.

Legal and Financial Disclosures

Code Enforcement: If there's a pending code enforcement action against your property, Florida Statutes §§ 125.69 and 162.06 require you to disclose the nature and existence of the proceeding in writing, deliver copies of relevant documents, and notify the enforcement authority of the property transfer within five days of closing. Failure to comply creates a rebuttable presumption of fraud under Florida law.

PACE Assessments: If your property carries a Property Assessed Clean Energy financing obligation on the tax bill, often used to fund solar panels, energy-efficient windows, or impact-resistant roofing, you must disclose it in writing before the contract is executed. PACE financing is a lien that runs with the property, not the seller, and most lenders require it to be paid off before closing (Florida Statute § 163.08(14)).

Property Tax Reassessment: Florida Statute § 689.261 requires every residential sales contract to include a property tax disclosure reminding the buyer not to rely on the seller's current tax bill. When a property changes hands, Florida removes any existing Save Our Homes assessment cap, and the county property appraiser reassesses at full market value. For buyers purchasing from a long-tenured owner, particularly common in Sarasota's luxury and waterfront segments, the new tax bill can be substantially higher than what the seller was paying.

"As-Is" Sales Don't Eliminate Your Disclosure Duty in Sarasota County

Selling a property "as-is" doesn't relieve you of any disclosure obligation. The Florida First District Court of Appeal confirmed in Rayner v. Wise Realty Co. of Tallahassee that the Johnson v. Davis disclosure standard applies fully to as-is transactions. The as-is clause governs the buyer's right to request repairs during the inspection period; it doesn't create a disclosure carve-out. If you know about a defect, you must disclose it regardless of the sale structure. This applies equally to affordable entry-level homes and luxury estates marketed as-is to sophisticated buyers. The legal standard is identical.

What You Are Not Required to Disclose

Florida law specifically exempts certain categories from mandatory disclosure:

• Deaths on the property: Under Florida Statute § 689.25, sellers aren't required to disclose that a homicide, suicide, or natural death occurred on the property.
• HIV/AIDS occupancy history: The same statute exempts disclosure of whether a prior occupant was diagnosed with HIV or AIDS.
• Conditions on neighboring properties: External conditions, like neighboring property condition, traffic patterns, or nearby development, are generally outside the seller's disclosure obligation.
• Unknown defects: You're only obligated to disclose what you actually know. Florida law doesn't require you to investigate. However, courts have recognized "willful blindness": deliberately avoiding obvious warning signs doesn't insulate a seller from liability.

One important nuance: if a buyer directly asks whether a death occurred on the property, you can't make a false statement. A legally defensible response is to note that Florida law doesn't require disclosure of that information, which is meaningfully different from stating that no death occurred when you know otherwise.

Practical Disclosures Checklist for Sarasota County Sellers

Before you list, confirm you have addressed each of the following:

Next Steps for Sarasota County Sellers

For a fuller picture of how these requirements interact with your specific property, current conditions across Sarasota County are worth a look before you list. When you're ready to prepare your home for market, a home valuation grounded in current comparables, not a county average, is a practical first step, and it can also flag where a modest pre-listing repair might be worth the cost.

Frequently Asked Questions

• Is there a required disclosure form in Florida? No single state-mandated form is required, but Florida law does require sellers to disclose all known material defects. The Florida Realtors Seller's Property Disclosure – Residential (SPDR-4) is the industry-standard form used to meet this obligation.
• What changed in Florida's flood disclosure law as of October 1, 2025? Under SB 948, sellers must now address three items on the FD-2 form: any known flooding that damaged the property during their ownership, even without an insurance claim, any flood-related insurance claims filed, and any assistance received from any source, not just federal agencies, for flood damage.
• Does selling as-is mean I don't have to disclose defects in Sarasota County? No. Florida courts have consistently held that the Johnson v. Davis disclosure duty applies fully to as-is transactions. Selling as-is affects repair negotiations during the inspection period; it doesn't eliminate your obligation to disclose known material defects.
• Do I have to disclose sinkhole history in Sarasota County? Yes, under two separate legal theories. Florida Statute § 627.7073(2)(c) requires disclosure of any paid sinkhole insurance claim, and under Johnson v. Davis, any known sinkhole activity, confirmed, suspected, or remediated without a claim, is a known material defect that must be disclosed.
• What happens if I fail to disclose a known defect? A buyer may pursue contract rescission, monetary damages for repair costs or diminished value, or fraud claims if intentional concealment is demonstrated. Florida law generally allows buyers four years from the date of discovery to file a claim.
• Do I have to disclose if someone died in my home? Under Florida Statute § 689.25, no, deaths on the property are not classified as material defects requiring disclosure. However, if a buyer asks directly, you may not make a false statement; the appropriate response is to note that Florida law doesn't require disclosure of that information.

The Comerford Group FL helps Sarasota County sellers navigate exactly this kind of disclosure work, led by Kathleen Comerford and operating under eXp Realty. Because the team's background includes hands-on building and construction experience, they can put a real number behind a known defect, whether that means helping a seller describe a repair accurately or helping a buyer negotiate one with confidence. Email: team@thecomerfordgroupfl.com | Phone: +1 (561) 419-5525