What Tampa Bay Home Sellers Must Disclose Before Closing

What must Tampa Bay home sellers disclose before closing?

Tampa Bay home sellers have two main disclosure duties in Florida. First, the seller completes and delivers the statutory flood disclosure at or before the sales contract is signed under Florida Statutes § 689.302. Second, under Florida case law, you must disclose known facts that materially affect the property's value and that the buyer can't readily observe, which can include roof leaks, recurring water intrusion, structural problems, and seawall defects.

Key Takeaways

• The Florida flood disclosure is due at or before contract execution, so waiting until the closing appointment is too late.
• The flood form asks about flooding during your ownership, flood-related insurance claims (including National Flood Insurance Program claims), and flood assistance such as FEMA aid.
• Florida's broader duty covers known material defects the buyer can't readily see, so a roof leak, water intrusion, or seawall problem you know about belongs on the table even if it isn't "flooding."
• A known defect in the sanitary-sewer lateral must be disclosed before the contract is signed under Fla. Stat. § 689.301.
• Recent local market data shows a median sale price of $1,737,500 for Tampa Bay homes sold over roughly the last 90 days, which is a lot of money riding on getting disclosure right.

What does Florida's flood disclosure require from sellers?

Florida requires the seller of residential real property to complete and give the buyer the statutory flood disclosure at or before the sales contract is executed. It's a required form, and it applies whether or not you think your home has a flood problem. I walk my clients through it before we ever put a sign in the yard, because a buyer who sees it late has a reason to lose trust in everything else you've said.

What counts as flooding?

More than most sellers expect. The statute defines flooding to include overflow of inland or tidal waters, rapid accumulation of runoff or surface water, and sustained standing water caused by rainfall. You answer whether that kind of flooding damaged the property during your ownership.

That matters in Tampa Bay, where tidal flooding, storm surge, heavy-rain runoff, and drainage-related standing water are all part of the picture. A yard that holds water after a summer downpour and a street that floods on a king tide both belong in the conversation. You don't need a river nearby for the form to apply to you.

What about insurance claims and FEMA money?

The form asks two questions that are separate from whether you personally paid for repairs. Did you file an insurance claim for flood damage, including a National Flood Insurance Program claim? Did you receive flood-damage assistance, including assistance from the Federal Emergency Management Agency? If the answer to either is yes, the form is where that history goes, per § 689.302.

Does the seller have to buy flood insurance?

No. The statutory form states that standard homeowners insurance doesn't cover flood damage and encourages the buyer to talk with an insurance agent about separate flood coverage. That is a disclosure, not an obligation for you to buy a policy on the buyer's behalf.

What other known defects do Florida sellers have to disclose?

Florida sellers must disclose known facts that materially affect the property's value when those facts aren't readily observable and the buyer doesn't already know them. That duty comes from Florida case law, and it is broader than the flood form. Here's how the main pieces fit together.

Roof, water intrusion, and storm damage

A known roof leak, recurring water intrusion, or unrepaired storm damage is exactly the kind of concealed condition the case-law duty reaches. Wind-driven rain, a plumbing leak, a roof leak, and drainage backup are different problems, and the flood form only addresses flooding. Don't assume that answering "no" on the flood form closes the book on water. If you know about it and it affects value, I want it disclosed along with the paperwork showing how it was fixed.

A repaired problem is still a known problem. In my experience, a buyer who sees an invoice and a clean repair history reacts far better than a buyer who finds a stain in the attic after inspection.

Seawalls, bulkheads, and waterfront conditions

Florida's statutory forms in this area focus on flooding and the sewer lateral, not seawalls. But a known defective seawall or bulkhead is a concealed condition that can materially affect value, so the broader duty can reach it. If you have inspection reports, repair records, or engineering reports for a seawall, gather them before you list. Waterfront is one of my specializations, and these conditions come up often enough that I treat them as a standard part of listing prep.

Sewer lateral defects

If you know of a defect in your property's sanitary-sewer lateral, Florida Statutes § 689.301 requires you to disclose it before the sales contract is executed. This is a separate duty from the general material-defect rule.

Permits, unpermitted work, and lead paint

I'm not aware of a single statewide form that makes you hand over every permit. Still, a known unpermitted addition or repair can affect value and a buyer's financing or insurance options, so it can become a material fact. Your county or city building department can tell you what's on file for your address, and I'd rather you find out before a buyer does.

If your home was built before 1978, federal law adds lead-based-paint disclosure before the buyer is obligated under the contract. Your closing agent and I will confirm the current federal form and requirements for your situation.

How should Tampa Bay home sellers prepare their disclosure records?

Start collecting records before you list, not after you have an offer. Tampa Bay home sellers who show up with organized paperwork give buyers fewer reasons to renegotiate. Here's what I ask sellers to pull together, where it applies to their home:

• Roof: invoices, warranties, and repair history
• Water: plumbing and water-mitigation invoices, plus any mold assessments
• Storms: hurricane and storm-damage claims and any FEMA correspondence
• Flood: flood-insurance claims and any drainage or flooding complaints
• Structure and waterfront: engineering reports and seawall or bulkhead inspections
• Work done: permits, final inspections, and contractor agreements

These records help you figure out what needs to be disclosed, and they give the buyer a clearer repair history. They also help you decide which repairs are worth doing first, which I cover in Tampa Bay home repairs worth making before you list.

What if you learn something after the contract is signed?

Tell me and your closing agent right away. The flood disclosure was due at or before contract execution, so a new material issue shouldn't sit until the closing appointment. If it turns into a real legal dispute, you'll want a Florida real estate attorney involved, but the first step is a quick call to your agent.

Why the stakes are high right now

Recent local market data shows a median sale price of $1,737,500 for Tampa Bay homes sold over roughly the last 90 days, with 51 homes for sale now and 11 new listings in the last 30 days. That figure rests on only 16 sales, so treat it as an area-level snapshot, not a value for your home. Your own number depends on condition, street, build year, and timing. At prices like these, a missed disclosure can cost far more than the repair would have, and it's why I run a valuation and a disclosure review together. For the money side of selling, see what Tampa Bay home sellers actually net at closing.

FAQ

Do I have to disclose a roof leak if it was repaired before I list?

Generally yes, if you know about the leak and it affects value, the repair doesn't erase your duty to be upfront. Florida's case-law duty covers known material facts the buyer can't readily see. Disclose it with the repair invoice and any warranty so the buyer sees a solved problem, not a surprise.

Is a flood disclosure required if my home has never flooded?

Yes. Florida Statutes § 689.302 requires the seller of residential real property to complete and deliver the flood disclosure at or before the sales contract is executed. If your home hasn't flooded during your ownership, you answer that way, but the form still goes to the buyer.

Do I have to disclose a FEMA payment or flood-insurance claim from a prior storm?

Yes, the flood form asks about both. It asks whether you filed an insurance claim for flood damage, including a National Flood Insurance Program claim, and whether you received flood-damage assistance, including FEMA assistance. Those questions are separate from whether you paid for repairs yourself.

What happens if an unpermitted addition or repair is discovered after the contract is signed?

Talk to your agent and closing agent immediately, because it can affect the buyer's inspection response, financing, or insurance. A known unpermitted condition can be a material fact, so raising it early is far better than having the buyer find it. Check with your county or city building department to see what's on record for your address.

Who pays Florida documentary stamp tax when a Tampa Bay home is sold?

The contract decides, not the tax statute. The Florida Department of Revenue states the rate outside Miami-Dade County is 70 cents per $100 of consideration, which applies in Hillsborough, Pinellas, Pasco, and Manatee counties. The tax is set by statute, and the contract may allocate who pays it, but all parties remain liable for the tax under Florida law, per the Department's FAQ, so confirm it in your own contract. Our post on who pays closing costs in Tampa Bay goes deeper.

Get your disclosure plan before you list

The safest approach is simple: deliver the flood disclosure by contract signing, disclose every known material defect, and keep records that prove what you fixed. I work with Tampa Bay home sellers across Hillsborough, Pinellas, Pasco, and Manatee counties, and my team can help you gather records and spot issues before a buyer's inspector does. To see where your home stands, get an instant home valuation and then we'll walk through disclosure together.

Equal Housing Opportunity. Patrick Uhler, Broker Associate, Pineywoods Realty. Regulated by the Florida Real Estate Commission. This article is general information, not legal, tax, or financial advice. Confirm your own situation with your closing agent, tax advisor, or lender.