What does a Miami-Dade seller have to disclose when selling a house as-is?

Florida sellers must tell buyers about known facts that materially affect a home's value and that a buyer can't readily observe, and an "as-is" contract does not erase that duty. That standard comes from Johnson v. Davis (Florida Supreme Court, 1985), and Florida Statute 689.302 adds a written flood disclosure that must be delivered at or before contract signing. Sellers don't have to disclose what they genuinely don't know, so your own inspections still carry real weight.

By Giovanni Altamiranda | October 12, 2026

Most buyers I work with in Coral Gables, Pinecrest, and South Miami assume "as-is" means "the seller owes me nothing." It doesn't. It means the seller isn't agreeing to make repairs. Those are two very different things, and the gap between them is where expensive surprises live.

Here's how the disclosure duty actually works, what it covers, and what you should do before you waive anything.

Where the duty comes from

Florida doesn't hand sellers one state-issued property condition form to fill out. The duty comes mostly from case law. In Johnson v. Davis, buyers agreed to pay $310,000 for a three-year-old home, then found a roof that leaked badly enough that a new one was estimated at about $15,000. The seller had told them the roof had no problems. The Florida Supreme Court held that a seller who knows of facts materially affecting the value of a home, and those facts aren't readily observable, has a duty to tell the buyer.

That rule has three parts, and all three have to be true:

• The seller knew about the problem.
• The problem materially affects value.
• A buyer couldn't readily observe it.

A stained ceiling you can see on a walkthrough is observable. A roof that has leaked behind the ceiling for two seasons, patched over before listing, is the kind of thing the rule was built for.

What sellers typically have to tell you

Florida attorneys and title-industry sources commonly point to the same categories:

• Roof leaks and past water intrusion
• Prior flooding, flood insurance claims, or assistance received for flood damage
• Mold, termite, or other pest damage the seller knows about
• Structural, foundation, plumbing, electrical, or HVAC problems
• Unpermitted work, open permits, and code violations (see our guide to open permits when buying a home in Miami-Dade)
• Boundary disputes, liens, and pending litigation
• Known insurance claims history, which can also affect the quotes you'll get (more on that in our Miami home insurance budget guide)

Flood is the one category with its own statute. Florida Statute 689.302 requires a residential seller to complete and provide a flood disclosure at or before the time the sales contract is signed. The law took effect October 1, 2024, and an amendment effective October 1, 2025 expanded it. As of this post's date in October 2026, the form asks whether the seller knows of any flooding that damaged the property during their ownership, whether they filed a flood damage claim, and whether they received assistance for flood damage. It also warns that homeowners' policies don't cover floods. If a seller hands you an old version, ask for the current one.

What "as-is" does and doesn't change

The FR/BAR As-Is contract is the one most Miami-Dade buyers sign for resale homes. It tells you the seller won't make repairs beyond what the contract says. Florida courts have not treated it as permission to hide known defects.

In Lorber v. Passick (Fla. 4th DCA, 2021), the court said an as-is clause "does not waive the duty imposed upon a seller." Bowman v. Barker (Fla. 1st DCA, 2015) reached the same place: the duty continues in an as-is sale.

Two limits matter just as much:

1. The duty only covers what the seller knows. A seller who truly had no idea about a hidden problem generally isn't liable for failing to disclose it. Heirs and lenders selling a property they never lived in often fall in this category.
2. "Readily observable" is judged by what a diligent buyer would notice. In Lorber, a buyer who smelled mildew would have had a hard time claiming the seller hid the mold. The claim that survived was the undisclosed prior flood, because the buyer had no way to connect the smell to a flood.

That second point is why waiving your inspection period to win an offer carries a cost beyond the repairs themselves. It can make it harder to argue a problem wasn't discoverable.

What to do before you waive anything

In a market where single-family homes are moving, it's tempting to shorten diligence. Miami Realtors reported a Miami-Dade single-family median sale price of $685,000 for July 2026, up 3.5% from July 2025, so a single hidden roof or water problem can be a five-figure surprise on a purchase that size. Here's the sequence I walk my clients through:

1. Get the flood disclosure before you submit an offer, not after. Read every checkbox.
2. Ask your questions in writing. Roof leaks, water intrusion, prior claims, repairs, and permits. A written answer is far more useful than a verbal one.
3. Run a permit search on the address for open or expired permits, especially on older homes in Coral Gables, Pinecrest, and South Miami where decades of renovations are common.
4. Use your inspection period fully. Add a roof inspection, a sewer scope, and a termite inspection where the property calls for them. Your inspections are what show whether something was readily observable.
5. Keep every document, including listing remarks, text messages, and the seller's answers. If something surfaces after closing, that paper trail matters.
6. If you find a concealed problem, talk to a Florida real estate attorney quickly. Deadlines apply to these claims, and I can't tell you where yours falls.

Your own situation depends on the property, the contract you sign, and what the seller actually knew. That's where local knowledge and a second set of eyes earn their keep.

Frequently Asked Questions

Does an as-is contract mean the seller doesn't have to disclose anything in Florida?

No. An as-is clause generally relieves the seller of making repairs, but Florida courts have held it does not waive the seller's duty to disclose known, material defects that a buyer can't readily observe.

Is there a required seller disclosure form in Florida?

Florida does not require one state form covering every condition of the home. The exception is the flood disclosure under Florida Statute 689.302, which sellers of residential property must provide at or before the time the sales contract is signed.

What if the seller didn't know about the problem?

The Johnson v. Davis duty applies to facts the seller knows. A seller who genuinely had no knowledge of a hidden defect is generally not liable for failing to disclose it, which is why your own inspections matter.

Can I back out if I learn the seller concealed something?

It depends on the contract terms and timing. Before closing, your inspection period and contract remedies are the first place to look. After closing, you may have claims such as fraudulent concealment, but you should speak with a Florida real estate attorney promptly.

Next step

Disclosure rules tell you what a seller owes you on paper. They don't tell you what's hiding behind the drywall. If you're thinking through this for your own situation, I'm happy to walk you through it. No pitch, just a straight conversation. Schedule a free consultation at moveupmiami.com.

This content is for informational purposes only and does not constitute legal or financial advice. Consult a licensed professional for guidance specific to your situation.

About Giovanni Altamiranda
Giovanni Altamiranda is a Miami-native real estate advisor at LUXE Properties, a team that closes over $1 billion in annual sales volume, and a licensed loan officer with Columbus Capital. With 11 years of experience and designations including SRS, ABR, and RENE, Gio specializes in the southern Miami suburbs: Coral Gables, Coconut Grove, Pinecrest, South Miami, Palmetto Bay, Key Biscayne, and surrounding neighborhoods. He works exclusively with move-up buyers and relocating families in the $1M–$5M range, and is recognized as a top agent on Zillow. Rather than pushing a transaction, Gio's approach is advisory, helping buyers and families work through the real tradeoffs so they can make the decision that's right for them, not just right now. Born and raised in Miami, he brings firsthand knowledge of the neighborhoods, commutes, and market dynamics that out-of-town agents can't replicate. His dual license as both advisor and loan officer means clients get a cleaner, faster transaction with no surprises at the closing table.