Residential Seller Property Disclosure (Material Defects Disclosure)
The Seller’s Property Disclosure is used to disclose all known material defects and property conditions that could affect value. It must be completed by the seller and provided to buyers before or during contract to ensure full transparency and compliance with Florida law.
Download the Easy Realty Residential Seller Property Disclosure
The Seller’s Property Disclosure, also commonly referred to as a “material defects disclosure,” is a critical document required in most residential transactions. It ensures that sellers disclose all known facts that materially affect the value of the property and are not readily observable by the buyer.
This disclosure is based on the seller’s actual knowledge and must be completed honestly and updated if any information changes prior to closing.
When to Use This Disclosure
Use this form in the following situations:
- All residential listing agreements
- Any property being marketed for sale
- Transactions where a buyer may rely on seller-provided property condition information
This form should be completed as early as possible, ideally before listing or immediately upon receiving an offer.
Who Completes the Disclosure
- The seller is solely responsible for completing this form
- Agents may assist with delivery and completeness but must not fill it out on behalf of the seller
- Buyers review and acknowledge receipt
The disclosure represents the seller’s knowledge, not the brokerage or the agent.
How to Fill Out the Disclosure
For each section, the seller must select:
- Yes
- No
- Don’t Know
If “Yes” is selected, an explanation must be provided.
The form is broken into the following categories:
1. Structures, Systems, and Appliances
Covers major components such as the roof, foundation, walls, windows, HVAC, electrical, plumbing, and appliances.
2. Termites and Pests
Discloses past or present pest activity and any treatments performed.
3. Water Intrusion, Drainage, and Flooding
Includes prior water damage, flood zone status, drainage problems, and flood insurance requirements.
4. Plumbing
Covers water source, leaks, septic or sewer systems, and piping issues.
5. Roof
Includes roof age, leaks, repairs, and known defects.
6. Pools and Safety Features
Discloses pool safety compliance and any modifications.
7. Sinkholes and Soil Movement
Covers any history of settlement or sinkhole claims.
8. HOA, Boundaries, and Access
Includes HOA restrictions, easements, boundary disputes, and access roads.
9. Environmental Conditions
Covers hazards such as mold, asbestos, radon, and whether the property was built before 1978 (triggering lead-based paint disclosures).
10. Governmental, Claims, and Compliance
Includes code violations, permits, liens, legal claims, and zoning issues.
Additional Material Facts
Any other condition that could impact value must be disclosed, even if not specifically listed.
Key Compliance Notes
- This disclosure is required under Florida law for material defects
- It is not a warranty or guarantee of property condition
- Buyers should still conduct independent inspections
- Sellers are required to update the disclosure if conditions change
Common Mistakes to Avoid
- Leaving sections blank instead of selecting Yes, No, or Don’t Know
- Failing to provide explanations for “Yes” answers
- Completing the form on behalf of the seller
- Waiting until late in the transaction to provide the disclosure
- Forgetting to disclose known issues not explicitly listed in the form
Best Practices for Easy Realty Agents
- Have the seller complete this form at listing
- Review the form for completeness before sharing with buyers
- Pair this with other required disclosures (e.g., Lead-Based Paint Disclosure if applicable)
- Store a completed copy in the transaction file