The Short Answer

In Florida, sellers have several specific, written disclosure duties that can apply depending on the property and what you know about its condition (for example, flood history and known sanitary sewer lateral defects). If something material changes after the contract is signed but before closing, failing to update disclosures can create serious legal and financial risk, including claims for misrepresentation and disputes that can delay or derail closing.

What Florida Law Says

Florida requires certain disclosures to be provided at or before the time the sales contract is executed, and some disclosures may also require additional documentation at or before closing. These obligations are fact-specific—what you must disclose depends on the type of property (e.g., residential), its location (e.g., coastal), and what defects or conditions you actually know about.

The Statute

The primary law governing this issue is Fla. Stat. § 689.302.

This statute requires a seller of residential real property to complete and provide a written flood disclosure to the buyer at or before the time the sales contract is executed, addressing the seller’s knowledge of flooding, flood-related insurance claims, and flood-related assistance.

Other Florida statutes can also impose disclosure obligations in common transactions, including: (1) disclosure of known defects in a property’s sanitary sewer lateral before executing the contract (Fla. Stat. § 689.301), and (2) a required property tax disclosure summary presented at or before contract execution for residential property (Fla. Stat. § 689.261). If the property is located partially or totally seaward of the coastal construction control line, Florida also requires a coastal disclosure statement at or prior to contract execution and (unless waived) an affidavit or qualifying survey delineating the line at or prior to closing (Fla. Stat. § 161.57).

Why You Should Speak with an Attorney

While the statutes provide the general rule, applying them to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Some disclosures must be provided at or before the contract is executed (for example, the residential flood disclosure under Fla. Stat. § 689.302 and known sanitary sewer lateral defects under Fla. Stat. § 689.301), while coastal-line documentation may be required at or prior to closing under Fla. Stat. § 161.57.
• Burden of Proof: Disputes often turn on what you knew, when you knew it, whether the issue was “readily observable,” and whether the buyer relied on what was (or was not) disclosed—issues that can become evidence-heavy very quickly.
• Exceptions: Coastal disclosure rules apply only if the property is partially or totally seaward of the coastal construction control line, and Fla. Stat. § 161.57 also allows certain items to be waived in writing by the purchaser—details that require careful legal review to avoid unintended exposure.

If something changes before closing (for example, a new flood event, a newly discovered sewer lateral defect, or new information that makes a prior disclosure inaccurate), the safest course is to treat it as a high-risk legal issue. Trying to handle this alone can lead to contract disputes, delayed closing, or claims that cost far more than addressing the issue correctly on the front end.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.