Florida Real Estate Disclosure & Solicitation Rules for Agents (2026)

Florida buyer-side requirements

1. Confirm written disclosure of known material defects

   Required

   Confirm the seller disclosed known facts that materially affect the property's value and are not readily observable by the buyer, and retain the written disclosure in the file. This duty arises from Johnson v. Davis case law, survives an as-is contract, and an as-is clause does not satisfy it.

   Source: Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) — www.myrasm.com/blog/2024/04/17/elevate-magazine/residential-di

2. Verify the radon disclosure statement in the executed contract

   Required

   Verify the required radon gas disclosure statement is present in the executed residential sale contract package.

   Source: Fla. Stat. § 404.056(5) — www.myrasm.com/blog/2024/04/17/elevate-magazine/residential-di

3. Deliver resale-condominium documents and record receipt

   For a resale condominium, deliver the required governing documents immediately and record the buyer's receipt date.

   Source: Fla. Stat. § 718.503 — www.flsenate.gov/Laws/Statutes/2025/718.503

4. Record the resale-condominium cancellation deadline

   Track the non-waivable three-day cancellation window, excluding weekends and legal holidays, from the later of contract execution or receipt of the required governing documents. Record the calculated deadline as a hard deadline; the right terminates at closing.

   Source: Fla. Stat. § 718.503 — www.flsenate.gov/Laws/Statutes/2025/718.503

5. Confirm HOA disclosure delivery before execution

   For HOA-governed property, confirm the disclosure summary was delivered before the buyer executed the contract.

   Source: Fla. Stat. § 720.401 — www.flsenate.gov/Laws/Statutes/2025/720.401

6. Record a late HOA disclosure receipt and void deadline

   If the HOA disclosure summary was delivered after execution, record the receipt date and track the non-waivable three-day void window as a hard deadline. The window ends before three days if closing occurs first, and the right terminates at closing.

   Source: Fla. Stat. § 720.401 — www.flsenate.gov/Laws/Statutes/2025/720.401

7. Confirm pre-1978 lead-paint disclosure delivery

   For target housing built before 1978, confirm the lead-based paint disclosure and pamphlet delivery are retained in the file.

   Source: 42 U.S.C. § 4852d (federal Residential Lead-Based Paint Hazard Reduction Act)

Florida seller-side requirements

1. Confirm written disclosure of known material defects

   Required

   Confirm the seller disclosed known facts that materially affect the property's value and are not readily observable by the buyer, and retain the written disclosure in the file. This duty arises from Johnson v. Davis case law, survives an as-is contract, and an as-is clause does not satisfy it.

   Source: Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) — www.myrasm.com/blog/2024/04/17/elevate-magazine/residential-di

2. Verify the radon disclosure statement in the executed contract

   Required

   Verify the required radon gas disclosure statement is present in the executed residential sale contract package.

   Source: Fla. Stat. § 404.056(5) — www.myrasm.com/blog/2024/04/17/elevate-magazine/residential-di

3. Deliver resale-condominium documents and record receipt

   For a resale condominium, deliver the required governing documents immediately and record the buyer's receipt date.

   Source: Fla. Stat. § 718.503 — www.flsenate.gov/Laws/Statutes/2025/718.503

4. Record the resale-condominium cancellation deadline

   Track the non-waivable three-day cancellation window, excluding weekends and legal holidays, from the later of contract execution or receipt of the required governing documents. Record the calculated deadline as a hard deadline; the right terminates at closing.

   Source: Fla. Stat. § 718.503 — www.flsenate.gov/Laws/Statutes/2025/718.503

5. Confirm HOA disclosure delivery before execution

   For HOA-governed property, confirm the disclosure summary was delivered before the buyer executed the contract.

   Source: Fla. Stat. § 720.401 — www.flsenate.gov/Laws/Statutes/2025/720.401

6. Record a late HOA disclosure receipt and void deadline

   If the HOA disclosure summary was delivered after execution, record the receipt date and track the non-waivable three-day void window as a hard deadline. The window ends before three days if closing occurs first, and the right terminates at closing.

   Source: Fla. Stat. § 720.401 — www.flsenate.gov/Laws/Statutes/2025/720.401

7. Confirm pre-1978 lead-paint disclosure delivery

   For target housing built before 1978, confirm the lead-based paint disclosure and pamphlet delivery are retained in the file.

   Source: 42 U.S.C. § 4852d (federal Residential Lead-Based Paint Hazard Reduction Act)

When you may contact a Florida prospect

Florida regulates telephone solicitation separately from disclosure. These are the provisions that differ from the federal floor.

Sunday calling window

12pm – 8pm local, narrower than the rest of the week

Statutory penalty per violation

Up to $500

Private right of action

Yes — an individual may sue directly

Automated or prerecorded calls

Prior express written consent required

Text messages

Prior express written consent required

Frequency cap

Applies even where the prospect has consented

Source: Fla. Stat. § 501.059 (Florida Telephone Solicitation Act), as amended by HB 761 (2023) — www.flsenate.gov/Laws/Statutes/2023/501.059

What this page does not tell you

Stating what we refuse to claim matters as much as what we assert:

• No attorney reviewed this. It is drafted from published sources. Your broker and your attorney are the authority, not this page.
• It is not exhaustive.Local ordinances, your brokerage's own policies, MLS rules and the specific contract you are using all add requirements that are not here.
• We do not reproduce official forms. Where a promulgated form applies we name it and cite it; obtain the form itself from the issuing body.
• Quiet hours and call caps are not listed as Florida law. Relvara applies one conservative nationwide calling window as an engineering default. It is deliberately stricter than most states require, so it is our policy, not a finding about Florida.