What to Know About Seller Disclosures in Bonita Springs, FL for 2026

Homes in Bonita Springs, FL are currently selling for a median price of around $570,000. With properties spending an average of 76 days on the market and roughly 738 homes in active inventory, buyers have ample time to conduct thorough inspections and review property documents. Partnering with the best real estate agent in Bonita Springs, FL ensures you handle these details correctly.

Before handing over the keys, homeowners must complete a specific legal step: the property disclosure. Florida law requires sellers to inform buyers about any known issues that could affect the home's overall value or condition.

Florida Property Disclosure Laws Explained

The standard for property disclosures in the state stems from a 1985 Florida Supreme Court case called Johnson v. Davis. This ruling established that sellers must inform buyers about any known material defects that are not readily observable during a standard walkthrough.

A material defect is any issue that has a substantial impact on the value of the home. This means the old standard of "buyer beware" does not apply to residential sales in Florida when hidden defects exist.

Sellers are legally obligated to share what they know about the home's condition. If a problem is hidden behind drywall or buried in the yard, the buyer cannot easily see it, making disclosure a legal requirement rather than an option.

What Sellers Must Disclose in Bonita Springs

Standard property defects require clear documentation before closing. Sellers must report known issues like active roof leaks, faulty plumbing, or electrical work completed without a permit.

Older homes require specific lead-based paint disclosures under federal law. In coastal areas like Bonita Springs, sellers must also document the condition of seawalls and any past hurricane damage that has not been fully repaired.

Recent legislative updates require specific flood disclosures for Florida properties. Sellers must inform buyers about past flood insurance claims and any federal assistance received for flood damage on the property.

Handling HOA and Condo Disclosures

Many properties in Bonita Springs sit inside golf course communities or waterfront condominium buildings. Selling a home in these managed neighborhoods requires additional paperwork and specific financial disclosures.

Florida Statutes 718 and 720 mandate that sellers provide buyers with current homeowner association or condominium governance documents. Buyers must receive a disclosure summary detailing the community's rules, restrictions, and financial obligations.

Sellers must outline the current HOA dues and any pending special assessments. You must also disclose if the association is currently involved in any ongoing litigation that could impact the community's finances.

Selling a Home As-Is in Florida

Using an as-is residential contract does not erase a seller's legal duty to disclose known material defects. The Johnson v. Davis standard still applies entirely, regardless of the contract type used for the transaction.

An as-is contract simply means the seller declines to pay for or make repairs before closing. The buyer agrees to take the property in its current physical condition, but they still have the legal right to know about hidden problems.

Buyers will still schedule a home inspection during their due diligence period. If the inspector finds an undisclosed issue, the buyer can often cancel the contract and retain their earnest money deposit.

Filling Out the Florida Realtors Property Disclosure Form

Most real estate agents use the standard Florida Realtors disclosure form to record known property facts. This document organizes the home's condition into specific categories, making it easy to track structural, mechanical, and environmental details.

Providing this written document protects the seller from future legal liability. It creates a clear paper trail showing exactly what the buyer knew before finalizing the purchase.

While Florida statutes do not mandate using this specific form, it is the standard practice across the state. Sellers should take their time filling it out to ensure all known issues are accurately reported.

The Legal Risks of Hiding Property Defects

Hiding a known defect from a buyer creates immediate financial and legal risks. If a buyer discovers an undisclosed issue after closing, they can pursue a lawsuit for damages.

Courts can force the seller to pay for the repairs, cover the buyer's legal fees, or even reverse the entire sale. Prior to closing, a buyer who uncovers a hidden defect can simply walk away from the deal.

Sellers unsure about whether a specific issue requires disclosure should consult a local real estate attorney. Erring on the side of transparency is the safest way to protect the transaction.

Common Questions About Bonita Springs Disclosures

Do Florida sellers have to disclose a death in the house?

Florida law explicitly states that homicides, suicides, or natural deaths do not need to be disclosed to a buyer. You are not legally required to mention a death that occurred on the property.

Are there new flood disclosure requirements for sellers in Florida?

Yes, recent updates to state law require sellers to provide a specific flood disclosure. You must document any past flood insurance claims filed and disclose if the property has received federal flood assistance.

Does selling a property 'as-is' in Bonita Springs exempt a seller from disclosure requirements?

An as-is contract only means you will not pay for repairs before closing. You still have a legal obligation to disclose any known material defects that affect the home's value.

What HOA or condo documents must be disclosed when selling a home in Bonita Springs?

Sellers must provide a disclosure summary outlining the current HOA dues, pending special assessments, and community rules. You must also supply the buyer with the association's current governance documents.

What are the consequences if a seller fails to disclose required property information in Florida?

Failing to report a known defect can result in a post-closing lawsuit where you are forced to pay for the buyer's repairs and legal fees. If the buyer finds the issue before closing, they can usually cancel the contract.

How can I find the official Florida Realtors seller's property disclosure form?

Your real estate agent will provide the most current version of this standardized form when you list the home. You can also request a copy from a local real estate attorney handling your transaction.

Can a buyer waive their right to the seller's disclosures in Florida?

Buyers cannot waive their legal right to be informed about hidden material defects under the Johnson v. Davis ruling. Even if a buyer waives their inspection contingency, the seller's duty to disclose remains in place.