Mandatory disclosures: material defects, radon gas, and lead-based paint

Three separate disclosure duties

Florida transactions can trigger all three duties below. Completing one does not satisfy the others.

Known material defects

In a Florida residential sale, the seller must disclose known facts materially affecting value that are not readily observable and are not known to the buyer. A known roof leak hidden during a dry-weather showing is an example. An as-is clause does not excuse concealment. Disclosure does not itself promise repairs or guarantee knowledge of every defect. This duty comes from Florida case law.

Florida radon notice

Under Fla. Stat. § 404.056(5), the prescribed notice belongs on at least one document, form, or application executed at or before the sale and purchase contract for any building or execution of a rental agreement for any building. It applies to commercial as well as residential buildings. Qualifying residential transient occupancy of 45 days or less is exempt.

RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.

The notice is not a radon test result and does not itself require testing every home sold.

Federal lead disclosure

For covered housing generally built before 1978, 42 U.S.C. § 4852d requires the seller or landlord to supply the lead hazard pamphlet, disclose known lead-based paint or hazards, and provide available lead hazard evaluation reports before the purchaser or tenant is obligated. Lack of known lead does not remove the paperwork duties. Purchasers receive a 10-day assessment or inspection opportunity unless the parties mutually agree to a different period. This purchase opportunity is distinct from tenant disclosure rights. Purchase contracts require the Lead Warning Statement and signed purchaser acknowledgments. Engaged agents must ensure compliance on the seller's or landlord's behalf.

An inspection clause or as-is provision does not replace required disclosures.