Florida real estatecompliance requirements
What Florida requires on every residential transaction — the disclosure duty set by Johnson v. Davis, the statutory disclosures, and the broker recordkeeping rules — and how brokerages keep every file compliant automatically.
Florida’s disclosure rule is driven by case law, not a single mandated form — which makes documenting it correctly even more important. Real estate is regulated by the Florida Real Estate Commission (FREC) under the DBPR, and most transactions run on the FloridaRealtors/FloridaBar contract forms. Here is what brokerages and their teams have to get right on every deal.
Required disclosures
Under the Florida Supreme Court’s decision in Johnson v. Davis, a seller must disclose known facts that materially affect a property’s value and are not readily observable — a duty that applies even in an “as-is” sale and, under Section 475.278, extends to licensees. Because there is no single state form, most brokerages document that duty with the Florida Realtors Seller’s Property Disclosure. Transactions also require a flood disclosure (FD-1) at or before contract execution, a statutory radon-gas disclosure, HOA or condominium disclosures where applicable, and the federal lead-based-paint disclosure for homes built before 1978.
The standard contract and forms
The Residential Contract for Sale and Purchase (FloridaRealtors/FloridaBar), including its “As Is” version, is the form used in most Florida resales, along with its riders and addenda. Each disclosure and addendum has to be present, complete, and signed by all parties for the file to hold up.
Broker recordkeeping
Under Florida Statutes § 475.5015, a broker must preserve brokerage records for at least five years — and two additional years if a record is involved in litigation. Required disclosure documents must be retained in every transaction that results in a written contract. The table below summarizes the key requirements.
At a glance
Key Florida compliance requirements
| Requirement | What Florida requires |
|---|---|
| Governing body | Florida Real Estate Commission (FREC) under the DBPR; most contracts use the FloridaRealtors/FloridaBar forms. |
| Seller disclosure | No mandated state form, but a duty to disclose known material defects not readily observable — Johnson v. Davis (1985) — applies even to 'as-is' sales. The Florida Realtors Seller's Property Disclosure is commonly used. |
| Statutory disclosures | Flood disclosure (FD-1) at or before contract execution, statutory radon-gas disclosure, plus HOA/condo and property-tax disclosures where applicable. |
| Standard contract | Residential Contract for Sale and Purchase (FloridaRealtors/FloridaBar), or the 'As Is' version. |
| Record retention | Brokers must keep brokerage records at least 5 years (Florida Statutes § 475.5015) — and 2 additional years if a record is involved in litigation. |
How brokerages keep every Florida file compliant
Because Florida’s core disclosure duty is a standard, not a checkbox, the risk is usually a known issue that never made it into writing, or a missing flood or radon disclosure that surfaces at a compliance review or in a dispute. The hard part is checking that on every file, not a sample.
Joymore reads every contract, disclosure, and addendum the moment it arrives. It checks each file against your brokerage's standards — confirming the seller’s disclosure, flood and radon disclosures, and required signatures are present and complete — and flags anything missing before it becomes a liability, with no extra work for your real estate agents.
- See how automated compliance review audits each file against your standards.
- Explore the platform that reads every file on arrival.
- Run the transaction compliance checklist or estimate savings with the ROI calculator.
This page is general information, not legal advice. Florida requirements and forms change — confirm current obligations with FREC or your brokerage's counsel.
FAQ
Florida real estate compliance questions
What disclosures are required when selling a home in Florida?
Florida does not mandate a single state disclosure form, but under the Florida Supreme Court's decision in Johnson v. Davis, a seller must disclose known facts that materially affect a property's value and are not readily observable — and that duty applies even in an 'as-is' sale. Section 475.278 extends the obligation to licensees. Transactions also require a flood disclosure (FD-1) at or before contract execution, a statutory radon-gas disclosure, and HOA or condominium disclosures where applicable. The federal lead-based-paint disclosure applies to homes built before 1978.
Does Florida require a seller's property disclosure form?
There is no statutorily required form, but the Johnson v. Davis duty to disclose known material defects is mandatory, so most brokerages use the Florida Realtors Seller's Property Disclosure to document it in writing. Even when a home is sold 'as-is,' the seller must still disclose known latent defects — Florida courts have confirmed the 'as-is' clause does not erase that duty.
How long must Florida brokers keep transaction records?
Under Florida Statutes § 475.5015, a broker must preserve brokerage books, accounts, and records for at least five years. If a record has been used as evidence in litigation, it must be kept for at least two more years after the case and any appeal conclude. Required disclosure documents must be retained in every transaction that results in a written contract.
Can Florida real estate compliance be automated?
Much of it can. Confirming the flood and radon disclosures, the seller's property disclosure, and required signatures are present — and keeping every file organized for the five-year (plus litigation) retention window — are document-heavy, rules-based tasks. Software like Joymore reads each file on arrival and flags anything missing or out of policy, while the broker keeps responsibility for supervision and judgment.
For Florida real estate brokerages
Keep every Florida file audit-ready automatically.
Connect your transaction, e-signature, and email tools to Joymore and let every new file get read and checked against Florida requirements the moment it arrives — no work for real estate agents.
Request a demo