By Aileen Torres, Broker Associate | Keller Williams Advantage III Realty | October 1, 2026 | Lake Nona Seller Education

What Florida Home Sellers Must Disclose: A Complete Guide for Lake Nona Sellers

One of the most common questions I hear from Lake Nona homeowners preparing to sell is: "Do I have to disclose that?" The short answer is almost always yes, if you know about it and it affects the property's value or the buyer's decision.

Florida disclosure law is designed to protect buyers. But understanding it fully also protects you as the seller. A non-disclosure issue that surfaces after closing is far more painful, and expensive, than handling it correctly before the contract is signed.

Here is what Florida law requires, what it does not require, and what Lake Nona sellers specifically need to pay attention to.

Florida's Seller Disclosure Law: The Basics

Florida Statute 689.261 requires sellers of residential property to complete a Seller's Real Property Disclosure Statement. This is a standardized form provided by Florida Realtors that walks through the major categories of material defects you must report.

The legal standard in Florida is this: you must disclose any facts materially affecting the value of the property that the seller knows about and the buyer cannot easily discover through a reasonable inspection.

This standard, known as the Johnson v. Davis standard (a landmark 1985 Florida Supreme Court case), has shaped how disclosure works in every Florida residential transaction since. If you know it, and it matters, you disclose it. Period.

What You Are Required to Disclose

What You Are NOT Required to Disclose in Florida

Florida has specific statutory protections for sellers around certain sensitive topics. These are worth knowing so you understand where your disclosure obligations end.

Deaths on the Property

Under Florida Statute 689.25, you are not required to disclose that a death occurred on the property, including homicide, suicide, or natural death, as long as the death did not cause any physical damage to the property. This is a meaningful distinction from several other states. If a death left no structural damage or defect, you have no disclosure obligation.

HIV and AIDS Status

Florida law specifically protects sellers from any obligation to disclose that a past or current occupant had HIV or AIDS. This is legally protected health information and has no bearing on the property's physical condition.

Sex Offender Registry Information

Sellers are not required to research or disclose the presence of registered sex offenders in the neighborhood. Buyers who want this information can access the Florida Department of Law Enforcement's public registry directly.

The "As Is" Contract Myth

HOA Disclosures for Lake Nona Communities

This one is especially relevant if you own in a gated or HOA community in Lake Nona, which includes Laureate Park, Eagle Creek, VillageWalk, Storey Park, Isles of Lake Nona, Somerset Park, and most other neighborhoods in the area.

Florida law requires you to provide buyers with:

• The current HOA documents including declarations, bylaws, and rules
• Current monthly dues and any known upcoming special assessments
• Any active litigation involving the HOA
• An HOA estoppel letter (official certification of fees owed and assessments)
• Whether the HOA has approval rights over the sale or rental of the property

In Laureate Park specifically, there are both CDD (Community Development District) fees and HOA dues. Buyers need both disclosed clearly and accurately. A buyer who discovers a $4,000 annual CDD assessment they were not told about has legitimate grounds for a complaint.

Sinkhole Disclosure in Central Florida

Central Florida, including Orange County where most of Lake Nona sits, sits on karst limestone geology that can produce sinkholes. Florida law addresses this directly.

You must disclose:

• Any known or prior sinkhole activity on the property
• Any insurance claims paid related to sinkhole activity
• Any sinkhole remediation work done on the property

A home where a sinkhole was found and properly remediated can be sold. But the buyer has to know. Failing to disclose a prior sinkhole claim or repair is one of the most serious disclosure violations in Florida real estate.

Unpermitted Work: A Common Lake Nona Issue

If a previous owner, or you, made improvements without pulling permits, that needs to be disclosed. This includes things like:

• Converted garages or screen enclosures added without permits
• Extended patios or pool decks without a permit
• Room additions or renovations that were never inspected
• Electrical or plumbing work done outside the permit process

Many sellers do not know about unpermitted work done before they purchased the home. In that case, you disclose that you are not aware of any unpermitted improvements. But if you know, or have reason to know, that something was done without permits, it has to be disclosed.

Buyers are now routinely asking for permit pull history through the county before closing. Orange County and Osceola County both make permit records accessible online. Unpermitted work that surfaces during this check, after you said you did not know of any, is a problem.

Timing of Disclosures

Florida law requires disclosures to be made to the buyer at or before the time of contract execution. In practice, this usually means your agent prepares the disclosure form before your home goes on the market, and it is provided to buyers along with the listing materials or at the time an offer is made.

Do not wait until you are under contract to fill out the disclosure form. Having it ready at launch is cleaner, faster, and shows buyers that you are a transparent seller.

What Happens If You Do Not Disclose?

If a seller knowingly fails to disclose a material defect in Florida, the buyer has several potential remedies:

• Rescission: The buyer may be able to void the contract and get their deposit back if the defect is discovered before closing.
• Damages: After closing, a buyer who discovers an undisclosed defect can pursue the seller for the cost of repair and any diminution in value.
• Fraud claims: In serious cases, intentional non-disclosure can rise to the level of fraud, with more significant legal consequences.

Non-disclosure claims in Florida have a statute of limitations, but they can surface years after the closing. The cost of defending a non-disclosure claim, even if you ultimately win, is far higher than the cost of being transparent upfront.

The Practical Takeaway for Lake Nona Sellers

Here is how I summarize the disclosure requirement for every seller I work with: if you know about it, and a reasonable buyer would want to know about it before buying, disclose it.

When in doubt, disclose. The downside of disclosing something that turns out not to be a problem is minimal. The downside of not disclosing something that turns out to matter is significant.

Work with your agent to complete the disclosure form carefully and thoroughly. Do not rush through it. Do not guess. And if there is something you are uncertain about, flag it for your agent and your real estate attorney so you can decide together how to handle it.