Florida FAR/BAR Seller Disclosure: Complete Davie Seller Guide 2026
What does the Florida FAR/BAR seller disclosure require?
**Florida FAR/BAR seller disclosure** requires Davie sellers to disclose known material defects affecting the property’s value or desirability that are not readily observable by the buyer. The legal duty originates from the Florida Supreme Court decision in **Johnson v. Davis (1985)**. The standard FAR/BAR Seller’s Real Property Disclosure Statement covers structural, mechanical, water, environmental, legal, and HOA disclosures. Failure to disclose creates rescission and damages liability.
By Anthony Spitaleri
Florida sellers who treat the FAR/BAR seller disclosure as paperwork instead of a legal duty expose themselves to lawsuits years after closing. This guide breaks down exactly what Davie sellers must disclose, what they can leave off, the legal framework under Johnson v. Davis, and how the disclosure interacts with the AS-IS purchase contract.
The disclosure obligation is the most misunderstood part of selling a Florida home. Many Davie sellers assume that selling under FAR/BAR AS-IS means they have no disclosure obligation. That is wrong. AS-IS limits the seller’s repair obligation. It does NOT eliminate the disclosure of known material defects. Two completely separate concepts.
The Johnson v. Davis duty to disclose
In 1985, the Florida Supreme Court decided Johnson v. Davis, which established the modern Florida disclosure duty. The court held that:
“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 is now the standard. Florida is a “duty to disclose” state. The Johnson v. Davis test has three elements:
- Material fact: Affects the value or desirability of the property
- Not readily observable: Buyer cannot reasonably discover it through inspection
- Known to seller: Seller actually knows or should know
If all three apply, the seller MUST disclose. Failure exposes the seller to:
– Buyer’s right to rescind the transaction
– Buyer’s claim for damages
– Potential punitive damages in egregious cases
– Statute of limitations: 4 years from discovery
The FAR/BAR Seller’s Real Property Disclosure Statement
The Florida Realtors and the Florida Bar publish a joint Seller’s Real Property Disclosure Statement. Most Davie residential transactions use this form. It covers:
Structural and mechanical:
– Roof condition, age, leaks, repairs
– Plumbing systems and known leaks
– Electrical systems and capacity issues
– HVAC condition and replacement history
– Foundation, walls, ceilings, floors
– Pool, spa, well, septic systems
Water:
– Flooding history (FEMA flood zone, prior claims, drainage problems)
– Water intrusion through walls, roof, windows, foundation
– Mold or fungal growth
– Sinkhole activity (especially relevant in some Florida regions)
Environmental:
– Lead-based paint (federally required for homes built before 1978)
– Asbestos
– Underground tanks
– Toxic waste or contamination
– Polybutylene plumbing
Legal and HOA:
– HOA disputes, special assessments, rule violations
– Boundary disputes, easements, encroachments
– Pending or threatened litigation
– Building code violations or unpermitted work
– Liens, judgments, or other encumbrances
Other:
– Hurricane and wind damage history
– Insurance claims filed in last 5 years
– Pest infestation history
– Death on premises (in some jurisdictions; Florida law has specific rules)
What Davie sellers do NOT have to disclose
Florida law has specific exceptions:
- Death on premises: Florida Statute 689.25 specifically states that the fact a home has been the site of a homicide, suicide, or death is NOT a material fact requiring disclosure. Some buyers ask anyway. Sellers can choose to share or decline.
- HIV/AIDS history of prior occupants: Federal Fair Housing Act protects this; cannot be disclosed.
- Stigma or psychological factors: Hauntings, neighbor disputes (unless legal), cosmetic issues already corrected. Generally not required.
- Defects already corrected through proper permitted repair: If you fixed it correctly with permits, the prior issue may not require disclosure depending on materiality. Document the repair.
Disclosure is about material, hidden, known defects. Cosmetic preferences, neighborhood opinions, and corrected issues with documentation are different categories.
How disclosure interacts with FAR/BAR AS-IS
The FAR/BAR AS-IS contract limits seller repair obligations during the Florida inspection period. It does NOT limit the seller’s duty to disclose known material defects.
Two separate frameworks:
| Concept | What it covers | What it does not cover |
|---|---|---|
| AS-IS sale | Seller has no obligation to make repairs | Does NOT eliminate disclosure duty |
| Johnson v. Davis disclosure duty | Seller must disclose known material defects | Does NOT obligate seller to make repairs |
A Davie seller can sell AS-IS and still face a Johnson v. Davis lawsuit if they failed to disclose a known sinkhole, prior flood damage, foundation issue, or unpermitted work.
Practical disclosure strategy for Davie sellers
The defensive playbook:
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Disclose more than required. Over-disclosure is rarely a problem. Under-disclosure is always a problem.
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Document everything. Keep receipts, permits, contractor invoices, insurance claim records. The paper trail protects you.
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Get a pre-listing inspection. Knowing the home’s actual condition lets you disclose accurately and avoid surprise findings during the buyer’s inspection period.
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Address unpermitted work. Florida requires disclosure of building code violations and unpermitted improvements. Pulling permits retroactively (called permit closure or after-the-fact permits) is often cheaper than litigating later.
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Use the standard FAR/BAR disclosure form. Custom forms invite challenge. The standard form has been litigated and refined.
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Consult a Florida real estate attorney for complex situations. Major defects, prior litigation, divorce or probate sales, trust ownership, or out-of-state sellers often benefit from attorney review. The Florida Bar referral service is a starting point.
Disclosure timing in a Davie transaction
Florida does not have a statutory deadline for delivering the FAR/BAR seller disclosure, but the practical timing is:
- At listing: Many Davie listing agents prepare the disclosure when the property goes live, attaching it to the MLS file.
- At offer: Some sellers wait until an offer is signed to share the full disclosure, though this is increasingly rare in 2026.
- Before contract becomes binding: At minimum, the disclosure must be delivered before the contract becomes binding. Most experienced agents push to deliver before the offer is signed to give the buyer informed input.
- During the inspection period: If material defects emerge from buyer’s inspections, the seller’s prior disclosure should match. Mismatches create liability.
Frequently Asked Questions About Florida FAR/BAR Seller Disclosure
Is the Florida FAR/BAR seller disclosure required by law?
The legal duty to disclose known material defects is established by Johnson v. Davis (1985), not by the FAR/BAR contract specifically. The FAR/BAR Seller’s Real Property Disclosure Statement is the industry-standard form used to satisfy that legal duty. Most Davie residential transactions use it.
Can a Davie seller sell a home AS-IS without disclosing defects?
No. AS-IS limits the seller’s obligation to make repairs but does NOT eliminate the duty to disclose known material defects under Johnson v. Davis. A Davie seller selling AS-IS still must disclose what they know about hidden material problems.
What happens if a Davie seller fails to disclose a known defect?
The buyer can sue for rescission of the transaction or damages, with a 4-year statute of limitations from discovery. In egregious cases, punitive damages may apply. This liability survives closing and can result in court orders to refund the purchase price years after the sale.
Does death on premises need to be disclosed in Florida?
No. Florida Statute 689.25 specifically states that the fact a home was the site of a homicide, suicide, or death is NOT a material fact requiring disclosure. Some buyers may ask directly. The seller can choose to answer or decline.
Should a Davie seller get a pre-listing inspection?
Strongly recommended for older homes, recently renovated homes, or homes with known issues. A pre-listing inspection lets the seller disclose accurately and avoid mid-transaction surprises. Cost: $400 to $700 typical for Davie. Often reduces post-closing liability significantly.
Talk to a Davie Real Estate Expert
If you are preparing to list your Davie home and want to walk into the disclosure process knowing exactly what to put on the form, what documentation to assemble, and how to defend against post-closing claims, the next step is a direct conversation. Anthony Spitaleri, Broker Associate with Coldwell Banker, builds disclosure playbooks for every seller client before the home hits the market. Schedule a strategy call and list with a plan.
Anthony Spitaleri
Living in Davie Florida
954-235-5783
Davie, Florida
livingindavieflorida.com
About Anthony Spitaleri
Anthony Spitaleri is a top real estate agent in Davie, Florida and a Broker Associate with Coldwell Banker. A Davie native with deep knowledge of the local market, Anthony created livingindavieflorida.com, the most comprehensive Davie real estate resource available, featuring in-depth guides for all 52 Davie neighborhoods including Long Lake Ranches, Hawkes Bluff, Ivanhoe Estates, Rolling Hills, and Shenandoah. The site provides original weekly market data, interactive tools including a Flood Zone Checker, School Zone Finder, and HOA Fee Comparison, and a 24/7 AI concierge that answers Davie real estate questions. Anthony specializes in luxury homes and estates above $1 million, acreage properties with no HOA, and relocation buyers moving to Davie from out of state. He is a Certified Strategic Coach through Coaching Services International (CSI), an active member of the Davie Cooper City Chamber of Commerce, and a weekly volunteer at Bit by Bit Therapeutic Riding Center in Davie. His data driven, neighborhood level approach to pricing, marketing, and negotiation reflects his belief that Davie’s 52 distinct communities, variable flood zones, and diverse HOA structures demand a specialist, not a generalist.
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