AI Florida Real Estate Forms & Disclosure Guide

> Florida Real Estate Forms & Disclosure Guide: provide transaction type, property type, and role (buyer/seller/agent) and get a complete, jurisdiction-specific disclosure and forms guide in minutes, including the Seller's Property Disclosure (SPDR), radon and flood notices, HOA/condo disclosure, agency relationship rules, FR/BAR contract forms, documentary stamp tax obligations, and role-specific duties. Free AI workflow, no signup required to preview.

Inputs the user provides

• Transaction type (residential resale / new construction / condo / foreclosure / probate / vacant land)
• Property type (single-family / townhome / condo / multi-family / vacant land)
• Role (buyer / seller / listing agent / buyer's agent), -

Deliverable

Complete, ready-to-use output. Fill each `[[merge field]]`; tag invented values `[ASSUMPTION: …]`., -

PART 1, Florida's Disclosure Framework

1.1 The Johnson v. Davis Standard (Controlling Common-Law Duty)

Florida's disclosure obligations flow primarily from Johnson v. Davis, 480 So.2d 625 (Fla. 1985), in which the Florida Supreme Court held:

> *"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."*

This standard applies regardless of whether a statutory form is used. The seller cannot conceal, cannot misrepresent, and cannot remain silent about known material defects.

What qualifies as a "material fact" requiring disclosure:

What is NOT required to be disclosed (statutory safe harbors):

• Death on property, Fla. Stat. § 689.261(1)(b): a seller is NOT required to disclose that a person died in the property, that a person had HIV/AIDS, or that the property was the site of a homicide/suicide, unless buyer asks directly.
• Sex offender proximity, Sellers are NOT required to disclose the proximity of registered sex offenders. Buyers may search the Florida Department of Law Enforcement (FDLE) Sex Offender Registry at www.fdle.state.fl.us. Agents must NOT withhold the registry's existence if asked.
• Non-material aesthetic conditions (normal wear, cosmetic issues), -

1.2 Florida Seller's Property Disclosure, Residential (SPDR)

Form: Florida Realtors SPDR-4 (Seller's Property Disclosure, Residential, Rev. 2024)
Governing standard: Johnson v. Davis, 480 So.2d 625 (Fla. 1985); Fla. Stat. § 689.261
Who completes it: Seller (all parties to title)
When due: Before or at execution of the purchase contract; typically attached as an addendum
Required by law: Not mandated by a single statute, but failure to disclose known defects creates fraud/misrepresentation liability, strongly recommended on all residential transactions

The SPDR-4 covers the following disclosure categories:

Section A, Property Information

• Property address: [[Street Address, City, Florida, ZIP Code]]
• Year built: [[Year]] | Legal description: [[as shown in deed/survey]]
• Type: [ ] Single-family [ ] Townhome [ ] Condo [ ] Villa [ ] Multi-family [ ] Other: [[___]]
• Square footage (under air): [[___]] sq ft | Lot size: [[___]] sq ft / acres
• Occupancy: [ ] Owner-occupied [ ] Tenant-occupied [ ] Vacant
• Current owner since: [[Year]]

Section B, Structural / Roof / Foundation

1. Is the roof original? [ ] Yes [ ] No, Replaced [[Year]]; type: [[shingle / tile / metal / flat]]

2. Known roof leaks or damage (past or present)? [ ] Yes → [[Describe]] [ ] No

3. Foundation type: [ ] Slab [ ] Stem wall [ ] Piers [ ] Other: [[___]]

4. Known foundation settlement, cracking, or shifting? [ ] Yes → [[Describe]] [ ] No

5. Any unpermitted additions or alterations? [ ] Yes → [[Describe]] [ ] No

6. Open building permits? [ ] Yes → [[Describe]] [ ] No

7. Any code violations? [ ] Yes → [[Describe]] [ ] No

Section C, Water / Moisture / Mold

1. Has the property experienced flooding or water intrusion in the past 5 years? [ ] Yes → [[Describe source, date, remediation]] [ ] No

2. Is the property in a FEMA Special Flood Hazard Area (SFHA / Zone A or V)? [ ] Yes [ ] No [ ] Unknown, See Section 2.2 (Flood Disclosure)

3. Known mold or mildew? [ ] Yes → [[Describe location and remediation]] [ ] No

4. Type of water source: [ ] Public [ ] Private well | Sewer: [ ] Public sewer [ ] Septic system

5. If septic: Last inspection date [[Date]]; tank size [[gallons]]; location [[Describe]]

Section D, Mechanical Systems

Section E, Environmental / Hazards

1. Radon: All Florida properties carry radon risk (see Section 2.1). Prior radon test? [ ] Yes → Result: [[___]] pCi/L; mitigation: [[Yes / No]] [ ] No

2. Chinese Drywall: Property built or renovated 2006, 2010? [ ] Yes, drywall tested/confirmed clear: [[Yes / No / Unknown]] [ ] No / N/A

3. Asbestos: Known or suspected asbestos-containing materials? [ ] Yes → [[Describe, tested/remediated?]] [ ] No [ ] Unknown

4. Lead paint: Property built pre-1978? [ ] Yes → See federal Lead-Based Paint Disclosure (Section 2.3) [ ] No

5. Sinkhole: Known sinkhole activity, prior sinkhole insurance claim, or engineering report? [ ] Yes → [[Describe; attach report]] [ ] No

6. Underground storage tanks (USTs): [ ] Yes → [[Describe]] [ ] No

7. Soil/groundwater contamination: [ ] Yes → [[Describe]] [ ] No

Section F, HOA / Condo / Community

(See full HOA/Condo Disclosure at Sections 2.4 and 2.5)

1. Is property subject to an HOA? [ ] Yes, Name: [[HOA Name]], dues: $[[___]]/month [ ] No

2. Is property a condominium? [ ] Yes, Association: [[Condo Assoc. Name]], dues: $[[___]]/month [ ] No

3. Any pending special assessments? [ ] Yes → [[Amount, purpose, date]] [ ] No

4. Any litigation involving the HOA or condo association? [ ] Yes → [[Describe]] [ ] No

Section G, Seller's Certification

The undersigned Seller certifies that the information in this Disclosure is accurate and complete to the best of Seller's knowledge as of the date signed. Seller acknowledges the obligation to amend this disclosure if additional information becomes available prior to closing.

Seller: _____________________________ Date: _____________________________

Seller: _____________________________ Date: _____________________________, -

PART 2, Mandatory Statutory Disclosures

2.1 Radon Gas Disclosure

Authority: Fla. Stat. § 404.056(5)
Required on: ALL residential sale contracts and leases in Florida (no exceptions)
Who provides: The following notice must appear in the contract itself or as a separate addendum, -

RADON GAS NOTICE

*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.*, -

Practice note: Florida has among the highest radon levels of any state. Buyers should be encouraged to test (especially in slab-on-grade homes). A level above 4.0 pCi/L generally warrants mitigation. Testing and mitigation are buyer-negotiated items; neither party is required to mitigate by statute, but disclosure of known test results is required under Johnson v. Davis., -

2.2 Flood Zone & Flood Insurance Disclosure

Authority: Fla. Stat. § 689.301 (effective July 1, 2024, as amended)
Required on: All residential sales of improved real property
Who provides: Seller must deliver to buyer before or at contract execution

The seller must disclose:

1. Whether the property is located in a FEMA Special Flood Hazard Area (SFHA), Zone A (riverine/inland flooding) or Zone V (coastal/wave action), as shown on the FEMA Flood Insurance Rate Map (FIRM).

2. Flood insurance history: Whether the seller has made a claim under a flood insurance policy within the past 5 years, including NFIP (National Flood Insurance Program) claims.

3. Prior flood damage: Whether the property has experienced flood damage within the past 5 years, including cause, date, and remediation.

4. Current flood insurance: Whether the seller currently carries flood insurance and whether that policy is transferable., -

FLOOD DISCLOSURE STATEMENT

Property address: [[Street Address, City, Florida, ZIP Code]]

1. Is the property located in a FEMA Special Flood Hazard Area?
[ ] Yes, Zone: [[A / AE / V / VE / other]] [ ] No, Zone: [[X / Shaded X / other]] [ ] Unknown
FIRM Map Panel No.: [[___]] | Effective date: [[___]] | Verify at msc.fema.gov

2. Has the seller filed a flood insurance claim on this property in the past 5 years?
[ ] Yes, Claim date: [[___]]; insurer: [[___]]; amount paid: $[[___]]; damage description: [[___]]
[ ] No

3. Has the property been damaged by flooding in the past 5 years?
[ ] Yes, Date: [[___]]; cause: [[___]]; description: [[___]]; remediation: [[___]]
[ ] No

4. Does the seller currently maintain flood insurance on this property?
[ ] Yes, NFIP Policy No.: [[___]]; annual premium: $[[___]]; coverage: $[[___]] dwelling / $[[___]] contents
[ ] Policy is assumable [ ] Policy is not assumable
[ ] No

Flood Insurance Note: Properties in Zone A or V are required to carry flood insurance if there is a federally backed mortgage. NFIP premiums are risk-rated under Risk Rating 2.0 (effective October 2021) and may differ significantly from prior premiums. Buyers should obtain an elevation certificate and request an NFIP policy quote before closing.

Seller: _____________________________ Date: _____________________________, -

2.3 Lead-Based Paint Disclosure (Federal, Pre-1978 Properties)

Authority: 42 U.S.C. § 4852d; 24 C.F.R. Part 35; 40 C.F.R. Part 745 (HUD/EPA)
Required on: All sales of residential property built BEFORE January 1, 1978
Exemptions: Foreclosure sales (HUD certification available); sales of 0-bedroom units; housing for elderly with no children
Who provides: Seller (and listing agent must ensure compliance)
When due: Before buyer is obligated under contract; buyer must receive 10-day inspection opportunity (waivable), -

LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS DISCLOSURE

*(Required for pre-1978 housing, omit entirely for properties built 1978 or later)*

Seller's Disclosure:

(a) Presence of lead-based paint and/or lead-based paint hazards: (check one)

• [ ] Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.

• [ ] Seller has knowledge of lead-based paint and/or lead-based paint hazards: [[Explain known hazard and location]]

(b) Records and reports available to seller: (check one)

• [ ] Seller has no reports or records pertaining to lead-based paint and/or hazards in the housing.

• [ ] Seller has records/reports: [[List and attach: inspection report, risk assessment, remediation records, XRF test results, etc.]]

Buyer's Acknowledgment:

(c) Buyer has received copies of all information listed in (b) above.

(d) Buyer has received the EPA pamphlet *Protect Your Family from Lead in Your Home* (or electronic equivalent).

(e) Buyer's inspection opportunity: (check one)

• [ ] Buyer has waived the opportunity to conduct a risk assessment or inspection for lead-based paint hazards.

• [ ] Buyer has 10 days (or [[agreed number]] days) to conduct an inspection at buyer's expense. This opportunity: [ ] has been exercised [ ] has not yet occurred.

Agent's Acknowledgment:

Listing Agent certifies that, to the best of their knowledge, Seller has complied with 42 U.S.C. § 4852d and that both Seller and Buyer have received required disclosures.

Seller: _____________________________ Date: _____________________________

Seller: _____________________________ Date: _____________________________

Buyer: _____________________________ Date: _____________________________

Buyer: _____________________________ Date: _____________________________

Listing Agent: _____________________________ Date: _____________________________

Buyer's Agent: _____________________________ Date: _____________________________, -

2.4 Homeowners Association (HOA) Disclosure

Authority: Fla. Stat. § 720.401
Required on: All sales of residential property governed by an HOA
Who provides: Seller (or seller's agent), must provide HOA disclosure summary before or at contract execution
Buyer's rescission right: Buyer has 3 calendar days after receipt of the HOA disclosure summary to rescind the contract without penalty (Fla. Stat. § 720.401(1)(b)), -

HOA DISCLOSURE SUMMARY

As required by Fla. Stat. § 720.401, Seller provides the following summary. This summary is not a substitute for reviewing the HOA's Declaration, Articles of Incorporation, Bylaws, Rules, and Regulations in full.

IMPORTANT NOTICE: AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS' ASSOCIATION. THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS COMMUNITY. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE ASSOCIATION. YOUR FAILURE TO PAY THESE ASSESSMENTS COULD RESULT IN A LIEN ON YOUR PROPERTY. BEFORE PURCHASING, YOU SHOULD READ THE DECLARATION OF COVENANTS AND THE ASSOCIATION'S OTHER GOVERNING DOCUMENTS. *(Statutory notice, Fla. Stat. § 720.401(1)(a))*

Buyer's 3-Day Right of Rescission Notice:
Buyer may rescind this contract without penalty within 3 calendar days after receipt of this HOA disclosure summary (Fla. Stat. § 720.401(1)(b)). To rescind, deliver written notice to Seller or Seller's agent by the deadline.

Rescission deadline: [[Date, 3 calendar days from buyer's receipt]]

Buyer acknowledges receipt: _____________________________ Date: _____________________________, -

2.5 Condominium Disclosure

Authority: Fla. Stat. § 718.503; Fla. Stat. § 718.505
Required on: All sales of condominium units (resales and new construction)
Who provides: Seller must deliver the full Condo Document Package before or at contract execution
Buyer's rescission right: Buyer has 3 calendar days after receipt of all required condominium documents to rescind without penalty (Fla. Stat. § 718.503(1)(a))

Required Condo Document Package includes:

1. [ ] Declaration of Condominium (as recorded)

2. [ ] Articles of Incorporation of the condominium association

3. [ ] Bylaws and rules/regulations of the association

4. [ ] Most recent Year-End Financial Statements (audited if association has 50+ units)

5. [ ] Most recent Annual Budget of the association

6. [ ] Reserve Schedule (Fla. Stat. § 718.112(2)(f)), fully funded or waived disclosure

7. [ ] Frequently Asked Questions and Answers (FAQ) sheet (Fla. Stat. § 718.504)

8. [ ] Pending or filed special assessments disclosure

9. [ ] Current Condo Association Rules affecting use/occupancy/rentals

Post-Surfside Structural Disclosures (Fla. Stat. § 718.117, effective 2022, 2023):

For condominiums 3+ stories and 30+ years old (25 years if within 3 miles of coastline):

• [ ] Most recent Structural Integrity Reserve Study (SIRS) (required milestone for buildings 30+ yrs)

• [ ] Status of Milestone Structural Integrity Inspection

• [ ] Whether reserves are fully funded per SIRS recommendations *(Note: as of December 31, 2024, associations may no longer waive or underfund structural reserves required by SIRS)*

Condo Association Summary:

Buyer acknowledges receipt of condo documents: _____________________________ Date: _____________________________

Buyer's 3-day rescission deadline: [[Date, 3 calendar days from receipt]], -

2.6 Energy Efficiency Rating Disclosure

Authority: Fla. Stat. § 553.996
Required on: All residential property sales
Who provides: Seller (or listing agent on behalf of seller), -

ENERGY EFFICIENCY DISCLOSURE

*As required by Fla. Stat. § 553.996, Seller discloses:*

The Florida Energy Efficiency Rating for this property:

• [ ] An energy efficiency rating has been performed. Rating: [[EER score / HERS index]] | Date: [[___]] | Rater: [[Licensed energy rater name/license no.]]

• [ ] No energy efficiency rating has been performed. Buyer is advised that an energy rating may be obtained at buyer's option and expense.

*Note: Seller is NOT required to obtain an energy rating; this disclosure satisfies the statutory obligation by informing the buyer the right to request one exists.*, -

PART 3, Agency Relationship Disclosure

Authority: Fla. Stat. § 475.278 (Brokerage Relationship Disclosure Act)
Required on: All residential transactions using a licensed real estate broker
When due: Before showing a property or before entering into a representation agreement, whichever comes first
Florida default: Transaction Broker (not Single Agent or Dual Agent)

3.1 Florida's Three Brokerage Relationship Options

3.2 Transaction Broker Disclosure

Form: Florida Realtors TBDN-4 (Transaction Broker Disclosure Notice) or the consent language in the FR/BAR contract
Required when: Broker operates as a Transaction Broker, -

TRANSACTION BROKER NOTICE

*As required by Fla. Stat. § 475.278, you are notified that:*

[[Brokerage Firm Name]] ("Broker") is working with you as a Transaction Broker. A transaction broker provides limited representation to a buyer, a seller, or both in a real estate transaction and does not represent either party as a single agent. A transaction broker is NOT a fiduciary. With your consent, a transaction broker may represent both the buyer and seller in the same transaction.

As a Transaction Broker, Broker owes you these duties (Fla. Stat. § 475.278(2)):

1. Dealing honestly and fairly

2. Accounting for all funds

3. Using skill, care, and diligence in the transaction

4. Disclosing all known facts that materially affect the value of residential real property and are not readily observable to the buyer

5. Presenting all offers and counteroffers in a timely manner, unless a party has previously directed the licensee otherwise in writing

6. Limited confidentiality, unless waived in writing by a party, meaning Broker will NOT disclose:
- That the seller will accept a price less than the listed price
- That the buyer will pay more than the price offered
- The motivation of either party
- Any information requested by a party to remain confidential

7. Performing any additional duties mutually agreed upon

[ ] Buyer/Seller acknowledges receipt of this notice and consents to Transaction Broker representation.

Signature: _____________________________ Date: _____________________________, -

3.3 Single Agent Disclosure

Form: Florida Realtors SADN-4 (Single Agent Disclosure Notice)
Required when: Broker represents one party as a Single Agent (full fiduciary), -

SINGLE AGENT NOTICE

As required by Fla. Stat. § 475.278, you are notified that [[Brokerage Firm Name]] ("Broker") is acting as a Single Agent for [[Buyer / Seller]] in this transaction.

As your Single Agent, Broker owes you the following fiduciary duties (Fla. Stat. § 475.278(3)):

1. Dealing honestly and fairly

2. Loyalty

3. Confidentiality

4. Obedience

5. Full disclosure

6. Accounting for all funds

7. Skill, care, and diligence in the transaction

8. Presenting all offers and counteroffers in a timely manner

9. Disclosing all known facts materially affecting the value of residential real property

Consent to Single Agent Representation:

I/We understand the above duties and consent to Single Agent representation.

Client: _____________________________ Date: _____________________________, -

3.4 Consent to Transition, Single Agent to Transaction Broker

Form: Florida Realtors CTT-4 (Consent to Transition to Transaction Broker)
Used when: A Single Agent brokerage represents both buyer and seller in the same transaction and must transition to Transaction Broker status before proceeding, -

CONSENT TO TRANSITION FROM SINGLE AGENT TO TRANSACTION BROKER

[[Brokerage Firm Name]] has been working with you as a Single Agent. A situation has arisen in this transaction that requires your consent to transition to a Transaction Broker relationship.

If you consent: Broker will owe you limited representation only (the Transaction Broker duties listed above). Broker will no longer owe you the fiduciary duties of loyalty, full disclosure, and obedience.

If you do NOT consent: Broker may be required to withdraw from the transaction.

[ ] I/We consent to transition from Single Agent to Transaction Broker.

[ ] I/We do NOT consent to this transition.

Client: _____________________________ Date: _____________________________, -

PART 4, Purchase Contract Forms

4.1 FR/BAR Residential Contract for Sale and Purchase (Standard Form)

Form: Florida Realtors / Florida Bar FR/BAR-6 (Residential Contract for Sale and Purchase, Rev. 6/24)
Best for: Transactions where buyer will conduct inspections and negotiate repairs; buyer financing contingency standard
Key terms:

4.2 FR/BAR AS IS Residential Contract for Sale and Purchase

Form: Florida Realtors / Florida Bar AS IS-6 (AS IS Residential Contract for Sale and Purchase, Rev. 6/24)
Best for: Estate sales, bank-owned/REO, distressed properties, sellers unwilling to make repairs, investor transactions
Key difference from Standard Contract: Buyer accepts property AS IS with right to inspect and cancel, seller makes NO repairs

AS IS Inspection / Right to Cancel:

Buyer has [[15]] days from effective date (or [[agreed period]]) to conduct inspections at buyer's expense. During this period, buyer may cancel the contract for any reason and receive the deposit returned in full. After the inspection period expires, buyer has accepted property AS IS and seller owes no repair obligations.

Common AS IS Addenda:

4.3 Documentary Stamp Tax and Closing Costs

Authority: Fla. Stat. § 201.02 (Documentary Stamp Tax on Deed); Fla. Stat. § 199.145 (Intangible Tax on Mortgage)

Doc Stamp Calculation Examples (most FL counties):

PART 5, Seller Financing & Transfer Fee Disclosures

5.1 Owner / Seller Financing, When Used

Seller financing (purchase money mortgage) is used when:
- Buyer cannot qualify for conventional financing
- Seller seeks installment sale tax treatment (IRS § 453)
- Investor-to-investor transactions
- Bridge or creative financing situations

5.2 Owner Financing, Disclosure Requirements

Seller-as-lender exemption: Under Fla. Stat. § 494.00791, a natural person who provides seller financing for no more than 3 residential properties per year is exempt from Florida mortgage lending licensing, provided:

• The seller did not construct or act as general contractor for the property; AND
• The seller finances no more than 3 properties per 12-month period; AND
• The seller does not hold out as being in the business of making mortgage loans

Balloon Payment Disclosure (required if applicable):

> *THIS MORTGAGE CONTAINS A BALLOON PAYMENT. THE ENTIRE UNPAID BALANCE OF $[[Amount]] IS DUE ON [[Date]]. BORROWER IS ADVISED TO OBTAIN INDEPENDENT LEGAL ADVICE REGARDING THIS PAYMENT OBLIGATION.*

Owner Financing Terms Summary:

5.3 Transfer Fee Covenant Disclosure

Authority: Fla. Stat. § 689.28 (Transfer Fee Covenants, prohibited post-July 2010)

Under Fla. Stat. § 689.28 (effective July 1, 2010), transfer fee covenants recorded after July 1, 2010 are void and unenforceable in Florida. Covenants recorded before July 1, 2010 may remain enforceable.

Seller must disclose:

• [ ] Property is subject to a recorded transfer fee covenant (pre-July 1, 2010): Amount: $[[___]]; recorded in [[County]] County, O.R. Book [[___]], Page [[___]]

• [ ] No transfer fee covenant recorded against this property

*Note: HOA and condo estoppel fees charged at closing are distinct from private transfer fee covenants and are expressly authorized by Fla. Stat. §§ 720.30851 / 718.116(8), see Part 4.3.*, -

PART 6, Exemptions from Standard Disclosure Obligations

6.1 Foreclosure / Bank-Owned (REO) Sales

Florida courts recognize that lender-sellers in foreclosure/REO transactions typically have limited knowledge of property condition.

• Lender/servicer typically sells via AS IS addendum with no seller representations
• Lender is not required to complete SPDR (no personal knowledge)
• Required disclosures that still apply:
• Federal Lead-Based Paint Disclosure (pre-1978 properties; HUD has a streamlined certification process for institutional sellers)
• Radon Gas Notice (statutory; appears in contract)
• Flood Zone Disclosure (Fla. Stat. § 689.301, required regardless of seller type)
• HOA/Condo estoppel, buyer must obtain independently; prior owner's unpaid dues may transfer to buyer if not paid at closing

6.2 Probate / Estate Sales

Authority: Florida Probate Code, Fla. Stat. §§ 733.607, 733.705

• Personal representative (PR) typically sells AS IS with limited or no warranties
• PR may have no personal knowledge of property condition, discloses only what is in estate records
• Required disclosures that still apply:
• Lead-Based Paint (pre-1978; estate/PR must comply)
• Radon Notice (statutory; in contract)
• Flood Disclosure (Fla. Stat. § 689.301)
• HOA/Condo disclosure (if applicable, buyer's rescission right still applies)
• Court approval: Formal administration sales close only after probate court approves; confirm PR's authority to sell before contract execution
• Homestead title issues: If property was decedent's homestead, devise restrictions under Fla. Const. Art. X, § 4 may affect title; confirm via title search and attorney review

6.3 Court-Ordered / Sheriff's Sale

• Sold AS IS with no seller disclosure obligations
• Buyer purchases subject to all encumbrances NOT extinguished by the judgment
• Title search and title insurance critical; lenders may impose additional title requirements
• Lead paint disclosure: courts generally exempt institutional sales; verify with closing attorney

6.4 New Construction Sales

• No SPDR required (builder has not occupied as owner)
• Builder substitutes its own warranty and disclosure documents:
• Florida New Home Statutory Warranty (Fla. Stat. § 553.835): 1 year workmanship/materials; 2 years mechanical systems; 10 years structural defects
• Radon Notice, required in contract
• Flood Disclosure, required (Fla. Stat. § 689.301)
• HOA/Condo Disclosure (Fla. Stat. §§ 720.401 / 718.503, if community governed by HOA/Condo)
• Lead-Paint, not applicable (post-1978 construction)
• Builder's standard purchase agreement (not FR/BAR) is typical; buyers should have an attorney review before signing
• Buyers retain right to independent inspections; builder may restrict inspection timing but cannot eliminate the right

6.5 Vacant / Unimproved Land

• SPDR does not apply (no structure); Johnson v. Davis latent-defect duty applies to known material conditions
• Key disclosures unique to land:
• Wetlands / Environmental: presence of USACE jurisdictional wetlands, FDEP environmental restrictions, CERCLA/brownfield designations
• Flood Zone (Fla. Stat. § 689.301, applies even to vacant land within SFHA)
• Zoning and land use: current zoning, future land use plan designation, development moratoriums, concurrency requirements
• Utilities: public water/sewer availability; well/septic requirements; cost to extend utilities
• Survey and access: confirm legal access; boundary survey and ALTA survey recommended
• HOA / deed restrictions (if applicable; recorded restrictions run with land)
• Mineral rights: Florida mineral rights (phosphate, oil/gas), confirm included or excluded in deed, -

PART 7, Role-Specific Obligations

7.1 Seller Obligations Summary

7.2 Buyer Obligations Summary

7.3 Agent / Broker Obligations Summary

Transaction Checklist by Role

Seller Checklist

• [ ] Complete SPDR-4 (Seller's Property Disclosure, Residential), signed by all parties to title
• [ ] Complete Flood Zone & Flood Insurance Disclosure (Fla. Stat. § 689.301)
• [ ] Provide Lead-Based Paint Disclosure + EPA pamphlet (pre-1978 properties only)
• [ ] Request and deliver HOA Disclosure Summary (Fla. Stat. § 720.401) and track buyer's 3-day rescission window
• [ ] Deliver Condo Document Package (Fla. Stat. § 718.503) and track buyer's 3-day rescission window
• [ ] Complete Energy Efficiency Disclosure (Fla. Stat. § 553.996)
• [ ] Disclose any transfer fee covenants (Fla. Stat. § 689.28)
• [ ] Gather and provide: maintenance records, appliance warranties, survey, permits, certificate of occupancy
• [ ] Order HOA/Condo estoppel letter (allow 10, 14 days; up to $299 standard fee)
• [ ] Resolve open permits and code violations before closing, or negotiate escrow holdback
• [ ] Coordinate with title company for documentary stamp tax and closing cost allocation
• [ ] Provide keys, garage openers, alarm codes, and HOA access at closing

Buyer Checklist

• [ ] Sign and acknowledge all seller disclosures (SPDR, Flood, Lead Paint, HOA/Condo)
• [ ] Schedule general home inspection within inspection period
• [ ] Schedule WDO (Wood Destroying Organism / termite) inspection, state-licensed inspector
• [ ] Consider additional inspections: mold, radon test, sinkhole, Chinese drywall, pool/spa
• [ ] Obtain wind mitigation report, may significantly reduce homeowner's insurance premium
• [ ] Obtain 4-point inspection (required by many FL insurers for homes 20+ years old: roof, electrical, plumbing, HVAC)
• [ ] Review HOA/Condo documents; note rescission deadline (3 calendar days)
• [ ] Review Lead-Paint disclosure; exercise optional 10-day test window if desired
• [ ] Obtain flood zone determination; get NFIP or private flood insurance quote if SFHA
• [ ] Apply for homeowner's insurance early, FL market: compare multiple carriers; consider Citizens Property Insurance Corporation as a backstop
• [ ] Apply for mortgage (if financing); meet all lender contingency deadlines
• [ ] Review title commitment; review Schedule B exceptions and requirements
• [ ] Verify wire instructions with closing agent by verified phone call (beware wire fraud / Business Email Compromise)
• [ ] Attend final walkthrough 24, 48 hours before closing

Agent / Broker Checklist

• [ ] Deliver Agency Disclosure (Transaction Broker or Single Agent) at first substantive contact with each party
• [ ] Confirm SPDR-4 completed and signed by all sellers before listing or before contract execution
• [ ] Confirm Radon Notice appears in FR/BAR contract (pre-printed on standard forms, do not delete)
• [ ] Confirm Flood Disclosure (§ 689.301) completed and executed
• [ ] Confirm Lead-Paint Disclosure signed by all parties (pre-1978 only); sign agent certification line
• [ ] Calendar HOA/Condo buyer rescission deadlines (3 calendar days from delivery of documents)
• [ ] Verify deposit placed in escrow within 3 business days of receipt
• [ ] Issue Affiliated Business Arrangement disclosure (RESPA) if referring to affiliated service providers
• [ ] Present all offers promptly; document buyer/seller instructions in writing if offers are to be held
• [ ] Order HOA/Condo estoppel letters at contract execution; follow up if not received within 10 days
• [ ] Advise all parties to consult a Florida real estate attorney for complex legal questions, -

> ⚠️ Template example, not professional (legal/financial/medical) advice. Florida real estate law changes frequently; statutes should be verified for current applicability. The FR/BAR contract forms (FR/BAR-6; AS IS-6; SPDR-4; TBDN-4; SADN-4; CTT-4) are updated periodically, always use the current published version from Florida Realtors or a licensed Florida attorney. Invented values are tagged `[ASSUMPTION: …]`. Neither Florida Realtors nor The Florida Bar endorses this template.

Sources (as of June 2026):

• Fla. Stat. § 404.056(5), Radon Gas Disclosure (mandatory on all residential contracts)
• Fla. Stat. § 475.278, Brokerage Relationship Disclosure Act (Transaction Broker / Single Agent / No Brokerage)
• Fla. Stat. § 553.835, New Home Statutory Warranty (1-yr / 2-yr / 10-yr)
• Fla. Stat. § 553.996, Energy Efficiency Rating Disclosure
• Fla. Stat. § 627.7073, Sinkhole Coverage and Inspection
• Fla. Stat. § 689.261, Death on Property / Latent Defects (safe harbors)
• Fla. Stat. § 689.28, Transfer Fee Covenants (post-July 2010 void)
• Fla. Stat. § 689.301, Flood Zone and Flood Insurance Disclosure (eff. July 1, 2024)
• Fla. Stat. § 718.503, Condominium Disclosure; Buyer's 3-Day Rescission
• Fla. Stat. § 718.116(8), Condo Estoppel Certificate (up to $299 / $399)
• Fla. Stat. § 718.117, Milestone Structural Integrity Inspection and SIRS
• Fla. Stat. § 720.401, HOA Disclosure Summary; Buyer's 3-Day Rescission Right
• Fla. Stat. § 720.30851, HOA Estoppel Certificate (up to $299 / $399)
• Fla. Stat. §§ 201.02, 199.145, Documentary Stamp Tax on Deed; Intangible Tax on Mortgage
• Fla. Stat. § 494.00791, Seller Finance Exemption (3-property / natural person rule)
• Fla. Stat. §§ 733.607, 733.705, Personal Representative's Authority in Probate
• Johnson v. Davis, 480 So.2d 625 (Fla. 1985), Controlling Florida Disclosure Standard
• 42 U.S.C. § 4852d; 40 C.F.R. Part 745, Federal Lead-Based Paint Disclosure (HUD/EPA)
• RESPA, 12 U.S.C. § 2607; 12 C.F.R. § 1024.15, Affiliated Business Arrangement Disclosure
• FEMA Flood Insurance Rate Maps, msc.fema.gov
• NFIP Risk Rating 2.0 (effective October 2021)
• FREC Rule 61J2-14.012, Escrow Procedures
• Florida Realtors / The Florida Bar: FR/BAR-6; AS IS-6; SPDR-4; TBDN-4; SADN-4; CTT-4 (Rev. 6/24)