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Selling your Miami condo? Here's what you need to know about the Seller Disclosure form for condos

Updated: Nov 10, 2021

When selling your Miami condo you will need to complete a Seller’s Property Disclosure form for your condo. This article is an overview of what to expect to see on this disclosure:

In this article:

What is the Seller Disclosure?

As a seller of a home in Florida, the law requires: "a seller of a home to disclose to the buyer all known facts that materially affect the value of the property being sold and that are not readily observable or known by the buyer. This disclosure was created to help sellers comply with the law. However, this disclosure form may not address every significant issue that is unique to the property. You should think about what you would want to know if you were buying the property today.”

If you’re wondering what “materially affect the value of the property being sold and that are not readily observable to the buyer” means, it means anything that would cause the home to lose value such as mold, water that may not be visible and may be hidden behind paint or a wall.

What does the Seller Disclosure form provide the buyer?

The disclosure is not a guarantee or warranty of any sorts on the property and it doesn't substitute for an inspection, warranty, or professional advice. The buyer should do their due diligence on the condo. The form is only based on what the seller knows and they can only disclose what they know which means that they may not know of any issues regarding the condo. This disclosure is not a contract and isn't a part of the contract for sale and purchase. The buyer should walk through the home and hire a professional home inspector to inspect the condo during the home inspection period.

What is on this disclosure?

The form will include the address of the property and ask if the unit is occupied by the owner a tenant or is unoccupied. After that, there are nine sections of the form which will have a set of questions for each section. The sections are:

  • Structures, systems, appliances

  • Termite, other wood-destroying organisms, pests

  • Water intrusion, plumbing, flood insurance

  • Fire protection, improvements, alterations,

  • Hazardous substances

  • Limited common elements

  • The association

  • Foreign investment in real property tax act (“FIRPTA”)

  • Additional comments, which will require an addendum

Completing the form

When completing this form you have three options to choose from yes, no, don’t know. Answer each question honestly, when completing the disclosure form you are acknowledging that you are providing accurate information to the best of your knowledge. If for some reason something changes or you realize that something becomes inaccurate or incorrect you need to promptly notify your agent so that they can notify the buyer or buyers' agent.

1 Johnson v Davis, 480 So.2d 625 (Fla. 1985)


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