Seller Disclosure Rules in South Miami: What Must Be Shared in 2026

Selling your home in South Miami in 2026? Then you need to know what you’re legally required to disclose to buyers—before your home goes under contract.

Whether your property is in Coral Gables, Coconut Grove, or anywhere across South Gables, Florida law requires sellers to share any known facts that materially affect the value of the property and aren’t easily visible to the buyer. This process—known as seller disclosure—is critical to a smooth, transparent transaction.

Here’s what sellers in South Miami need to know about disclosure rules in 2026, and how to avoid mistakes that can lead to deal delays or legal trouble down the road.

What Is a Seller Disclosure?

A seller disclosure is a document (or set of documents) that outlines known issues or defects with the home or property. It’s your way of saying: “Here’s what I know about this home—no surprises.”

You’re not expected to guarantee perfection—but you are expected to be honest about what you know.

Is Disclosure Required in Florida?

Yes—but not in the same way as some other states.

Florida is not a full-disclosure or “mandatory form” state. That means:

• You don’t have to fill out a specific state-issued form
• But you are legally required to disclose known material defects

Florida’s disclosure obligation comes from case law—specifically the landmark Johnson v. Davis decision, which states that a seller must disclose any known issues that materially affect the value of the property and are not readily observable.

What Do You Need to Disclose?

You must disclose any known issues that could impact the home’s value or a buyer’s decision to purchase. These typically include:

Structural or mechanical issues:

• Roof leaks or damage
• Foundation cracks or settlement
• Electrical or plumbing issues
• HVAC system malfunctions

Environmental or safety concerns:

• Mold, water intrusion, or drainage problems
• Asbestos or lead-based paint (if known and applicable)
• Past flooding or water damage
• Pest infestations or termite history

Legal or title-related issues:

• Open permits or unpermitted additions
• Property line disputes or easements
• Code violations or liens
• Ongoing litigation involving the property

Other property facts:

• Previous insurance claims
• Renovations or repairs that were not done to code
• Issues with shared driveways, septic systems, or wells (if applicable)

What If You’re Not Sure?

If you genuinely don’t know about a defect, you’re not responsible for disclosing it. But turning a blind eye—or avoiding an inspection to “stay uninformed”—won’t protect you if the issue surfaces after closing.

A smart move: be proactive. If your home is older or has had repairs, a pre-listing inspection may help identify potential concerns before the buyer does.

Riley Smith Group can guide you on which issues to flag, how to document them, and what buyers in today’s South Miami market are most concerned about.

Do You Need to Disclose Past Repairs?

Yes—if those repairs were made in response to a material defect (like a roof leak or structural issue). It’s helpful to provide:

• The nature of the issue
• Who performed the repair (licensed or unlicensed contractor)
• Whether permits were pulled (if required)
• Any warranties or documentation that can be passed on

Buyers appreciate transparency—and being upfront reduces the risk of post-inspection renegotiations.

What About “As-Is” Sales?

Selling “as-is” in Florida means the buyer accepts the property in its current condition. But even in an as-is sale, you are still required to disclose known material defects.

“As-is” protects you from being required to make repairs—it doesn’t protect you from failing to disclose.

Final Thought: Protect the Deal by Being Transparent

Buyers in 2026 are informed, cautious, and expecting clarity. The best way to earn trust—and avoid problems during the inspection or after closing—is to disclose honestly, document clearly, and work with a team that understands the process.

With deep experience in Coral Gables, Coconut Grove, and the full South Miami market, Riley Smith Group helps sellers navigate disclosure confidently and correctly—so your sale moves forward without unnecessary risk.