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Do I have to disclose prior flooding or water intrusion?

March 20, 2026
Yes. In Florida, sellers are required to disclose prior flooding or water intrusion if they are aware of it.
 
Florida law requires sellers to disclose any known issues that materially affect the value of a property and are not easily visible to a buyer. This rule comes from the well-known Johnson v. Davis case, which established that sellers cannot remain silent about hidden defects. If a property has experienced flooding, water intrusion, mold, or damage related to water and the buyer would not easily notice it, the seller must disclose that information.
 
Florida has also strengthened these rules with a specific flood disclosure requirement. Sellers of residential property must provide a written flood disclosure form to buyers at or before the time a purchase contract is signed. This form asks whether the seller is aware of past flooding, whether flood insurance claims have been filed, and whether the property has received assistance related to flood damage.
 
In coastal markets like 30A, where water exposure can be a concern, transparency is especially important. Proper disclosure protects both the seller and the buyer and helps prevent issues during inspections or later in the transaction.
 
This is where experience matters. Jonathan Spears is widely known for his deep understanding of the 30A market and the details that come with selling coastal properties. He regularly advises sellers on how to properly document flood history, prior water intrusion, and insurance claims so everything is handled correctly from the start.
 
Jonathan often reminds clients that clear disclosure is not a disadvantage. When information is shared upfront, it builds trust with buyers, reduces risk, and keeps the transaction moving forward smoothly. Working with a knowledgeable agent like Jonathan Spears ensures your sale remains compliant with Florida law while protecting the value of your property.
 
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