Do Florida sellers have to disclose mold?

What Johnson v. Davis says

In Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), buyers sued after discovering that the roof of the home they were buying leaked, even though the sellers knew about the problem. The Florida Supreme Court held that when the seller of a home knows of facts materially affecting the value of the property that are not readily observable and are not known to the buyer, the seller has a duty to disclose them.

The case wasn’t about mold. It set a general rule for home sales, and Florida courts and attorneys apply it to many kinds of hidden defects. Florida hasn’t passed a separate statute that lists mold as something sellers must disclose.

How that can apply to mold

Whether a particular mold problem must be disclosed is a legal question that depends on the facts. The case focuses on three things:

• Knowledge. Did the seller know about the mold, the leak or the water damage?
• Materiality. Does it materially affect the value of the home?
• Visibility. Is it something the buyer couldn’t readily observe or wouldn’t know about?

Mold behind drywall after a storm, a recurring leak in the AC closet, or past flooding that was repaired and painted over are the kinds of things that come up in these discussions. So do past remediation projects. Many sellers also fill out a disclosure form their agent provides, and answering those questions accurately matters.

Many Florida sales use as-is contracts. Whether an as-is clause changes what a seller must disclose is a question for your attorney, not for a mold company.

Why this comes up so often in Southwest Florida

After Hurricane Ian in 2022 and Helene and Milton in 2024, many homes along the coast and near canals took on water, and many were repaired quickly while contractors were scarce. Seasonal owners may not have seen the house until weeks after a storm. That leaves a lot of homes with water history that isn’t visible today, which is exactly the kind of situation disclosure rules are about.

If you’re selling

1. Gather your records: storm claims, repair invoices, moisture logs, remediation reports and any clearance results.
2. If mold was remediated, a clearance report from an independent licensed assessor is the most useful document you can offer. In Florida, the assessor is separate from the remediator by law, which gives buyers more reason to trust it.
3. If you suspect a current problem, deal with it or get it assessed before listing, so you know what you’re disclosing.
4. Ask a Florida real estate attorney how to describe past and present issues on your disclosure.

Our national page on selling a house with mold covers the practical side of pricing and repairs.

If you’re buying

A disclosure only covers what the seller knows. Many sellers honestly don’t know about mold hidden inside a block wall or an AC system, especially in homes that sat closed up. That’s why a mold assessment during your inspection period is worth considering. Read do I need a mold inspection when buying a home in Florida and our guide to buying a home with mold in Florida.

Questions buyers can ask the seller

• Has the home ever taken water from a storm, a flood, a roof leak or a plumbing leak?
• Was any drywall, flooring or cabinetry replaced because of water, and when?
• Has the home ever been tested for mold, and can I see the results?
• Was any mold remediation done, by whom, and is there a clearance report?
• Were any insurance or FEMA claims filed for water damage?

Ask in writing and keep the answers. They don’t replace an inspection, but they tell the assessor where to look first.

How we help either side

We don’t give legal opinions. What we can do is remediate to an independent assessor’s protocol and hand over clear documentation: photos, moisture readings, the scope and the clearance results. That paperwork helps sellers disclose accurately and helps buyers decide with facts.

This page is general information, not legal advice. Disclosure duties depend on the facts, your contract and current Florida law. Speak with a Florida real estate attorney before you list, sign or close.