Table of Contents
- The “As-Is” Myth: Does It Protect You From Lawsuits?
- The Johnson v. Davis Rule: The 2026 Standard
- The “Big Three” Mandatory Disclosures in Florida
- What You ARE NOT Required to Disclose (The Exemptions)
- Consequences of Non-Disclosure in 2026
- Property Nation: The Ultimate “As-Is” Solution
1. The “As-Is” Myth: Does It Protect You From Lawsuits?
In the 2026 Florida real estate market, many homeowners believe that checking the “As-Is” box on a contract is a “Get Out of Jail Free” card. They assume that if they aren’t fixing anything, they don’t have to say anything. This is a dangerous misconception. In Florida, “As-Is” simply means you are not willing to perform repairs or offer credits for defects. It does not relieve you of your legal duty to disclose known issues that “materially affect the value” of the property. If you know the roof leaks every time a tropical storm hits, but you stay silent because it’s an “As-Is” sale, you could be setting yourself up for a costly legal battle long after you’ve moved out.2. The Johnson v. Davis Rule: The 2026 Standard
Florida disclosure law is rooted in the landmark case Johnson v. Davis. The Supreme Court of Florida established that a seller must disclose any facts they know about the property that:- Significantly affect the value or desirability of the home.
- Are not readily observable (hidden) to the buyer.
3. The “Big Three” Mandatory Disclosures in Florida
While Florida doesn’t have one single state-mandated form, 2026 regulations and legal precedents have made these three areas mandatory for every residential seller:A. Structural and System Failures
You must reveal known issues with the “Big Four”: the roof, electrical, plumbing, and HVAC. In 2026, this is especially critical due to the Florida Insurance Crisis. If you know the house is uninsurable because of an outdated electrical panel, you must disclose it.B. Environmental Hazards
This includes mold, lead-based paint (for homes built before 1978), and Radon Gas. Florida statutes explicitly require a radon gas notification in every residential sales contract.C. Legal and Code Enforcement Issues
Are there pending code enforcement liens on the property? Is there a boundary dispute with a neighbor? These must be disclosed in writing to avoid “Fraud in the Inducement” claims.2026 Disclosure Comparison Table
| Item | Must Disclose? | Legal Basis |
| Active Roof Leak | YES | Johnson v. Davis (Value Impact) |
| Past Termite Damage | YES | Florida Case Law (Structural Integrity) |
| Death on Property | NO | Florida Statute § 689.25 |
| Nearby Sex Predator | NO | Florida Statute § 689.25 |
| Pending Code Liens | YES | Florida Statute § 162.06 |
| Radon Gas Risks | YES | Florida Statute § 404.056(5) |
4. What You ARE NOT Required to Disclose (The Exemptions)
Florida law is unique in that it protects sellers from “social stigma” disclosures that don’t physically affect the home. Under Florida Statute § 689.25, you are generally not required to disclose:- If a homicide, suicide, or natural death occurred on the property.
- If a previous occupant had HIV or AIDS.
- Neighborhood crime statistics (though honesty is always the best policy if asked directly).
5. Consequences of Non-Disclosure in 2026
If a buyer discovers a hidden defect after closing and can prove you knew about it, the consequences are severe. In 2026, we are seeing an increase in:- Rescission of Sale: The court can literally “undo” the sale, forcing you to take the house back and refund the buyer.
- Compensatory Damages: You may be ordered to pay for the full cost of the repairs plus the buyer’s attorney fees.
- Fraud Claims: Intentional concealment can lead to punitive damages meant to punish the seller.
6. Property Nation: The Ultimate “As-Is” Solution
The stress of disclosure is one of the main reasons homeowners choose to work with Property Nation. When you sell to a traditional buyer, you are constantly worried that they will find something during the inspection that leads to a lawsuit later. When you sell to us, we are professional property buyers. We perform our own deep due diligence. We buy houses with massive repairs needed and code violations every day. By selling to Property Nation, you get:- Full Transparency: We know exactly what we are buying, reducing your liability.
- Speed: We can close in as little as 7 days, stopping the accrual of fines or taxes.
- Peace of Mind: Once you sign and take your cash, the house and all its problems are ours.
