Real Estate 204 – Listing & Offers (Florida Version)
In Florida, your online listing is often the first impression—and it's what sells most homes.
Most buyers begin their search online, even before scheduling a tour. Especially in coastal areas or military-heavy regions of the Panhandle, many buyers are relocating remotely. Investing in professional photography, 360 virtual tours, drone footage (for large lots or waterfront), and even narrated walk-through videos is highly recommended.
What to Prepare During Showings
Showings, inspections, appraisals, and walk-throughs can create disruption—especially if you’re still living in the home. Florida’s climate makes timing important:
- Plan for high-humidity seasons or hurricane-watch periods when showings may spike.
- Keep valuables secured. Even qualifying buyers can use showings as opportunities.
- Maintain timely communication—agents and clients juggle family obligations in this area, so patience still matters.
Seller Disclosures: Full Transparency Required
Unlike Alabama, Florida law requires you to disclose any known defects that materially affect property value or safety—especially issues not obvious during a casual walk-through. The cornerstone case here is Johnson v. Davis, which allows buyers to rescind a contract if the seller intentionally hides problems :contentReference[oaicite:1]{index=1}.
Your disclosure form should include:
- Structural issues (roof, foundation, walls)
- Water intrusion, mold, drainage problems
- Termite/insect history or wood-destroying organism reports
- Sinkhole activity, even if remediated—these must be disclosed :contentReference[oaicite:2]{index=2}
- Previous lead-based paint (federal rules apply for homes built before 1978)
- Radon gas, asbestos, Chinese drywall if known
- Flood claims history—insurance claims or federal assistance—required from Oct 1, 2024 under new statute :contentReference[oaicite:3]{index=3}
- HOA/CDD fees, rules, assessments, and historic district overlays, if applicable :contentReference[oaicite:4]{index=4}
- Environmental hazards in coastal zones (erosion, dune restrictions) :contentReference[oaicite:5]{index=5}
Offers Process—What Sellers Should Know
Florida law obligates your agent to present **all offers in writing**, regardless of price or contingencies. Communication is key. Expect negotiations on offer price, closing costs, inspection timelines, requested repairs, and closing date.
Once all terms are executed in writing by all parties, the contract becomes valid. Any change—even minor—requires reapproval and signatures. No verbal agreements are binding.
Why Complete Disclosures Matter — Even When Selling “As‑Is”
Florida is a full‑disclosure state. Even if you’re listing your home “as-is,” negligence or willful omission during disclosure can lead to legal repercussions, financial penalties, rescission rights, or litigation :contentReference[oaicite:6]{index=6}.
To protect yourself:
- Complete a thorough property disclosure form (SPDR‑4x is standard as of early 2025) :contentReference[oaicite:7]{index=7}
- Address flood and sinkhole clauses in writing before listing
- Update the form if any new defect arises before closing
- Use your agent or attorney to review each section carefully
Once you have signed an acceptable offer, you're ready to move on to RE205 – Contract Period (Florida Version).
