What Should I Know About Disclosures When Selling in Coral Gables?

What should I know about disclosures when selling in Coral Gables?
When selling your Coral Gables home, Florida law requires you to disclose known material defects that could affect the property’s value or safety. Riley Smith Group helps you navigate these requirements so your sale is smooth, compliant, and legally protected.

Why Disclosures Matter

When you sell a home in Florida — including Coral Gables — you’re legally obligated to be transparent about issues that could impact a buyer’s decision. Failing to disclose known problems can lead to lawsuits, delays, and broken contracts.

Disclosures protect you and the buyer by making sure everything important about the home is clearly communicated upfront.

Florida’s Disclosure Rule: The Basics

Florida is a “caveat emptor” (buyer beware) state with exceptions. That means:

• You don’t need to inspect the home to uncover issues.
• But you must disclose anything you know that materially affects the value of the property and is not easily observable by the buyer.

Example: If your roof leaks when it rains, you must disclose it — even if you haven’t repaired it.

There’s no standard law requiring a written disclosure, but in practice, most sellers use a written form to reduce liability — and most buyer contracts expect it.

What Must Be Disclosed?

Here’s what you’re expected to disclose if known:

✅ Structural or mechanical problems

• Roof leaks, cracks in foundation, termite damage
• Issues with electrical, plumbing, or HVAC systems

✅ Water intrusion or drainage issues

• Past or active flooding
• Mold or mildew problems
• Drainage or grading issues on the lot

✅ Property condition or repair history

• Defective appliances or fixtures
• Non-permitted renovations
• Foundation settling or shifting

✅ Environmental hazards

• Lead-based paint (if home built before 1978)
• Asbestos, radon, Chinese drywall

✅ Legal or title issues

• Boundary disputes
• Open permits or code violations
• Encroachments or easements

✅ HOA or condo association rules

• Special assessments
• Association restrictions (rentals, pets, etc.)
• Monthly dues and responsibilities

Optional But Helpful: Seller’s Property Disclosure Form

Although not legally required in Florida, the Seller’s Property Disclosure Statement is a widely used document that outlines the condition of:

• Roof, windows, doors
• Systems and appliances
• Interior and exterior features
• Pest history
• Pools or fences
• Past repairs and upgrades

At Riley Smith Group, we always recommend using this form to document known issues clearly. It protects you from future liability and increases buyer trust.

What If I Don’t Know the Answers?

That’s okay — you’re not expected to guess or investigate. Just answer honestly and to the best of your knowledge.

For example:

• “Unknown” is acceptable if you genuinely don’t know the answer.
• If you’ve never had the home tested for radon, you don’t need to state whether it’s present.
• If you inherited the home and haven’t lived in it, you can note that.

Riley Smith Group helps sellers complete all forms accurately — and makes sure disclosures align with the buyer’s contract expectations.

Can I Sell “As Is” and Skip Disclosures?

No — even if you sell the home “As Is,” you are still required to disclose any known material defects.

“As Is” simply means:

• You don’t promise to make repairs.
• The buyer accepts the current condition.
• The buyer can still cancel after inspection (during the due diligence period).

We often recommend selling “As Is” with full disclosures when you don’t plan to invest in repairs — it sets clear expectations and avoids back-and-forth.

Real Example: How Disclosures Protected the Seller

One Coral Gables homeowner disclosed a past plumbing issue that had been repaired two years earlier. The buyer’s inspector noticed similar signs during inspection.

Because the disclosure form showed that the seller had reported and addressed the issue honestly, the sale moved forward without renegotiation — and the buyer had confidence in the seller’s transparency.

What Happens If You Fail to Disclose?

• The buyer can terminate the contract
• You may be sued for damages — even after the sale
• You could be liable for repairs or legal fees

Even worse, the issue could come up again in the resale — impacting your long-term reputation and real estate history.

How Riley Smith Group Helps

With 2,500+ homes sold across Miami and deep local expertise in Coral Gables, Riley Smith Group ensures:

• You understand all disclosure obligations
• Forms are completed properly and professionally
• We communicate with buyers clearly and early
• Inspection and negotiation timelines are managed proactively

Our goal is to protect your interests while creating a smooth experience for the buyer.

Final Take: Don’t Let Disclosures Be an Afterthought

Disclosures aren’t just paperwork — they’re protection.

Handled properly, they can give buyers peace of mind and sellers legal confidence. Handled poorly, they can derail a deal or spark costly litigation.

Let Riley Smith Group guide you through the entire disclosure process — the right way.

Selling your Coral Gables home?
Let’s walk your property together and make sure your disclosures are accurate, clear, and stress-free.