Do You Really Realtor? Know thy Craft and Why.
Realtor Myth-Busting: The Seller Disclosure You’re Missing Entirely
Realtor Myth-Busting: The Seller Disclosure You’re Missing Entirely
You know what’s worse than a buyer’s agent who doesn’t know the rules?
A buyer’s agent who doesn’t know the rules but thinks they do — and proudly broadcasts it.
DISCLAIMER: I am In Florida. This is a NON-Disclosure State by default. What kind of disclosure? Secondary disclosure not otherwise required. If you are somewhere else please know your rules. Uh and this is not me giving you any legal advice at all. Just reading and opining.
❌ WRONG AGENT PLAYBOOK
“I always get my seller’s disclosure up front before we even make an offer — if they won’t give it, that’s a red flag!”No. That’s not a red flag. That’s you showing you don’t actually understand how Florida’s disclosure process works.
📜 THE LAW IN FLORIDA
I am not saying you have no duty to disclose anything……
Florida common law — Johnson v. Davis (1985) — requires sellers to disclose known, latent, material defects:
They actually know about it.
You can’t see it on a casual walk-through.
It matters for value.
This duty survives “as-is” sales — Rayner v. Wise Realty (1987) confirms you can’t contract it away.
Standard Florida contracts already include a clause mirroring this duty:
“Seller knows of no facts materially affecting the value… not readily observable…”It’s baked in. You don’t need to add it — you need to read it.
✅ PRO AGENT PLAYBOOK
If you want more than the built-in contract disclosure — like a detailed seller property disclosure form — you have to request it as part of the offer.That means:
Add it in writing, via addendum or formal request or the checkbox on CRSP17
Align the seller’s response timing with the offer timeline. Seller’s have right. Honor those rights to create goodwill. Don’t get under contract then request it.
Florida law doesn’t require sellers to hand you extra disclosures unless you ask.
And there’s no official form — the FAR/BAR “Seller’s Property Disclosure” is optional. They could just reiterate the statements in the contract in a separate written statement. It all depends on the offer and purpose of the requested disclosure. Why do you think there has been litigation around this and why do you think Florida opted to make additional disclosures non mandatory?
🎯 Why Good Listing Agents Wait
A seasoned listing agent won’t hand over a disclosure form on Day One.
They wait so any extra disclosure request is evaluated in the context of the offer.
That’s the law’s design — so sellers can decide based on the whole deal, not just a form.
Moreover, if a listing has been on the market for a few months, that disclosure, while certainly updatable, is out of date by definition. A good seller should give opinion of their home at the same time as the offer so it is relevant.
💡 Pro Tip for Buyers
Making an As-Is Right to Inspect and Cancel offer?
Request the extra disclosure before you waive your inspection period. That’s strategy.
But it’s on you to ask for it — not on the listing agent to guess what you want. Ask for it as part of the offer. Time it as to how you must get it.
🚫 FINAL WORD
Stop calling it a “red flag” when a seller doesn’t hand you something the law doesn’t require them to give without a request.
Florida disclosure law exists to protect buyers and keep sellers honest — but it works through process.
Skip the process, skip the protection. And that’s on the agent who didn’t guide the buyer there.