Does a Seller Have to Disclose a Death in a Davie Home?

Does a seller have to disclose a death in a house in Florida?

In Florida, no. Under Florida Statute 689.25, the fact that a home was, or was suspected to have been, the site of a homicide, suicide, or death is not a material fact a seller or agent must disclose, and that holds for a Davie home too. What a seller must disclose is any known physical defect that affects value and is not easy to see. If a death matters to you, ask the seller directly, because a direct question has to be answered honestly.

This is one of the questions I get asked most quietly, usually by a buyer who found out something after a showing and is not sure whether anyone was ever going to tell them. The honest answer surprises people. Florida law draws a hard line between what happened in a home and what is wrong with a home. One of those is disclosable and one is not.

What Florida law actually requires a seller to disclose

Florida is not a buyer beware state on home condition. The controlling rule comes from a 1985 Florida Supreme Court case, Johnson v. Davis. A residential seller has to disclose facts they know that materially affect the value of the property, are not readily observable, and are not known to the buyer. That is the whole test, and it has three parts that all have to be true.

A few things follow from that, and they catch people off guard:

1. The defect has to be known to the seller. Florida does not require a seller to go find problems they do not know about.

2. The defect has to be hidden. A cracked driveway you can see standing in it is readily observable, so it is on you to notice.

3. An “as is” contract does not erase this duty. You can buy a Davie home “as is” and still have a claim if the seller knew about a hidden material defect and stayed quiet. The Florida as is contract shifts repair responsibility, not the duty to disclose known latent defects.

On top of the Johnson v. Davis duty, most Davie sales run on the standard FAR/BAR seller disclosure form, where the seller answers specific questions about the roof, systems, prior repairs, flooding, and more. If you want the full picture of what ends up on paper, I walk through it in the Davie seller disclosure requirements guide. The theme across all of it is the same. The law cares about the physical condition of the house and what it is worth, not its story.

Why a death in the house is different

A death is a stigma, not a defect. The house works exactly the same the day after as the day before. That is the logic behind Florida Statute 689.25, which says the site of a homicide, suicide, or death is not a material fact for a real estate transaction. The same statute protects the seller, the agent, and the broker from liability for choosing not to bring it up.

So a Davie seller can list a home where someone passed away, natural causes or otherwise, and never mention it, and they have broken no law. The event does not touch value in the eyes of the statute, so it does not have to be disclosed.

There is one line that matters, and I make sure every client understands it. The protection covers staying silent. It does not cover lying. If you ask a seller or their agent a direct question, “has anyone died in this home,” they have to answer truthfully. A knowing false answer is a different problem, and the shield in 689.25 does not reach it. The NAR Code of Ethics backs this up on the agent side. Under Article 2 of the Code, a REALTOR must not misrepresent or conceal pertinent facts in response to a direct inquiry.

Here is the practical version. Nobody owes you the story. Ask, and you are owed the truth.

What this means for you as a Davie buyer

If the history of a home matters to you, the law puts the work on your side of the table. That is not a bad thing. It just means you ask instead of wait.

• Ask the question directly, in writing. “Is the seller aware of any death that occurred on the property.” A written question gets a written answer, and it removes any doubt later about what was asked.
• Do your own homework. Local news archives, a quick search on the address, and a conversation with future neighbors tell you more than a disclosure form ever will. Florida also does not require disclosure of nearby registered offenders, so if that matters to you, check the FDLE offender registry yourself before you write an offer.
• Spend your inspection budget on the house, not the ghost story. The money risk in a Davie purchase is almost always physical. Put your energy into the inspection and into the common inspection issues on Davie resale homes. If the home sits in a flood or sinkhole zone, understand the sinkhole risk and insurance disclosure picture, because that is a defect question, which the seller does have to answer when they know.
• Verify the permit and structural history. Pull the property record at the Broward County Property Appraiser and confirm that additions and major work were permitted. An unpermitted addition is a real material issue. A stigma is not.

This is exactly the kind of thing I walk buyers through before we write an offer, and it is a big part of what a buyer gets from real representation. You can read more about that in the complete Davie buyer’s guide. The listings you can find yourself. What protects you is knowing which questions carry legal weight and which ones you have to ask out loud.

What this means if you are selling a Davie home

If you are the seller, the rule cuts in your favor, with one condition. You do not have to volunteer that a death occurred in the home. You cannot answer a direct question dishonestly, and you still have to disclose any known physical defect that is hidden and material.

I tell every Davie seller the same thing. Keep the two categories separate in your head. The story of the home is yours to keep private under Florida Statute 689.25. The condition of the home is not. If the roof leaked and you patched it, if the home flooded, if there is a hidden issue a buyer would not catch, that goes on the disclosure. Honesty about condition protects you from a lawsuit far more than silence ever will.

How to find out a home’s history before you buy in Davie

1. Ask the listing agent directly whether the seller is aware of any death on the property, and put the question in writing.

2. Search the street address in local news archives and general search for anything tied to the home.

3. Talk to the neighbors on either side, who usually know the home’s recent history.

4. Check the FDLE registry for registered offenders near the address if that matters to you.

5. Pull the property and permit record at the Broward County Property Appraiser to confirm the home’s physical history and permitted work.

6. Focus your inspection on condition, systems, roof, and any additions, because physical defects are what actually cost you money.

Frequently Asked Questions

Do you have to disclose a death in a house in Florida?

No. Under Florida Statute 689.25, a death, homicide, or suicide on a property is not a material fact a seller or agent must disclose, and the statute protects them from liability for staying silent. This applies to homes in Davie and across Florida. The exception is a direct question, which must be answered truthfully.

Does a murder or suicide have to be disclosed when selling a Davie home?

No, not on its own. Florida treats a homicide or suicide the same as any other death for disclosure purposes, so it is not a material fact and does not have to be volunteered. If a buyer asks directly, the seller and agent must answer honestly. Any physical damage tied to the event is a separate, disclosable condition issue.

Does an “as is” contract mean the seller discloses nothing?

No. An “as is” contract shifts responsibility for repairs to the buyer, but it does not erase the Johnson v. Davis duty. A Florida seller still has to disclose any known defect that materially affects value, is hidden, and is not known to the buyer, even in an “as is” sale.

What does a Florida seller actually have to disclose?

Known physical defects that materially affect the home’s value and are not readily observable. That comes from Johnson v. Davis and runs through the standard FAR/BAR disclosure. Think roof, structure, prior flooding, systems, and hidden damage. The home’s history, including a death, is not part of that duty.

How can I find out if someone died in a Davie home?

Ask the listing agent directly and in writing, since a direct question must be answered truthfully. Then do your own research through local news, a search of the address, and the neighbors. Florida does not require disclosure of a death or of nearby registered offenders, so the responsibility to ask and verify sits with you as the buyer.

Talk to a Davie Real Estate Expert

If you are evaluating a specific Davie home and the questions are piling up, the fastest way through is a direct conversation. I can tell you which questions carry real legal weight, how to word them so you get a straight answer, and where to put your inspection money so the deal protects you. Schedule a strategy call and we will walk through your situation together.

Anthony Spitaleri

Broker Associate, REALTOR® | Coldwell Banker Realty

Creator of Living in Davie, Florida

Davie, Florida | Serving Davie, Weston and surrounding Broward markets

954-235-5783

Florida License BK3281907

@livingindavieflorida

Written by Anthony Spitaleri, Broker Associate, REALTOR® with Coldwell Banker Realty and a Davie native. More about Anthony