PALM BEACH COUNTY SELLER GUIDE

A practical comparison of the disclosures, documents, and inspection

requirements Florida law places on each type of sale.

Every Sale Begins With the Same Duty

Selling a home and selling a condo in Florida are not the same process. Here’s a practical breakdown of what the law — and standard practice — requires you to disclose and provide, whichever you’re selling.

EVERY SALE STARTS WITH THE SAME DUTY

Under Florida’s Johnson v. Davis rule, every seller — home or condo — must disclose known facts that materially affect the property’s value and aren’t readily observable by the buyer. An “as-is” contract does not erase this duty.

Single-Family Homes: Statutory disclosures center on the individual property — its condition, systems, flood history, and (if applicable) its HOA. Fewer moving parts, but the seller carries the disclosure burden alone.

Single-Family Homes:

Statutory disclosures center on the individual property — its condition, systems, flood history, and (if applicable) its HOA. Fewer moving parts, but the seller carries the disclosure burden alone.

SELLING A SINGLE-FAMILY HOME

HOA Disclosure Summary (if governed)
Dues, resale and lease restrictions, and the association’s financial health, per Section 720.401, Florida Statutes.

Well & Septic Disclosure
Any unused wells, tanks, or septic issues must be disclosed — not just active plumbing concerns.

Pool Safety Compliance
Pools built after 2000 must meet the Residential Swimming Pool Safety Act, including enclosures and barriers.

Coastal Construction Control Line (if waterfront)
Properties seaward of the CCCL must disclose this — it signals erosion risk and stricter rebuild rules.

Roof Age, Wind Mitigation & 4-Point Reports
Not legally mandated, but standard practice — insurers and buyers expect them before contract.

Condominiums:

Everything a home requires, plus a second layer: the association’s governing documents, financial health, and — as of 2026 — mandatory structural inspection and reserve-funding records.

Condominium Governance Form
Required under Section 718.503, Florida Statutes — the state’s summary of how condo associations are governed.

Declaration, Bylaws, Articles & Rules
The full governing document set — covers pets, rentals, parking, flooring, and investor limits.

Most Recent Financials & Budget
Year-end financial statements and the current operating budget, prepared at the seller’s expense.

Frequently Asked Questions Sheet
An association-prepared FAQ page covering fees, restrictions, and pending litigation, if any.

SELLING A CONDOMINIUM: STRUCTURAL INTEGRITY (THE 2026 HEADLINE)

30 / 25 Years
The age that triggers a Milestone Inspection — 30 years statewide, 25 years within three miles of the coast.

10 Years
How often the Structural Integrity Reserve Study (SIRS) must be renewed.

January 1, 2026
Full reserve funding for SIRS items became mandatory — associations can no longer waive it.

Milestone Inspections (structural safety, performed by a licensed engineer) and SIRS reports (reserve funding for major repairs) are separate requirements — both apply to condo

buildings three stories or taller. Sellers should have current copies of both, along with two years of association meeting minutes, ready for buyer review.

A building with underfunded reserves or a failed inspection is now a documented lender and insurer risk — not just a buyer talking point.

SELLING A CONDOMINIUM: CLOSING MECHANICS

Estoppel Certificate
The association must deliver it within 10 business days of request; the fee is capped by statute, with add-ons allowed for delinquent accounts or rush delivery.

3-Day Buyer Rescission Right
If a buyer requests the governing documents in writing and receives them after signing, they may cancel within 3 business days — this right cannot be waived.

Special Assessments
Pending or approved assessments must be disclosed. An unpaid balance can follow the unit to the new owner, so timing and payoff terms matter.

WHAT EVERY SELLER MUST DISCLOSE

Radon Gas Notice
The statutory radon warning is required in every Florida real estate contract, per Section 404.056(5), Florida Statutes.

Lead-Based Paint
Homes built before 1978 require federal disclosure, the EPA pamphlet, and a 10-day buyer testing window.

Flood Disclosure (Form FD-1)
Since October 2024, sellers must disclose known flooding, flood insurance claims, and FEMA assistance received.

Known Material Defects
The Johnson v. Davis duty covers defects that materially affect value and aren’t readily observable — “as-is” doesn’t override it.

Property Tax Disclosure Summary
Buyers are notified that taxes may be reassessed to current market value the year after the sale.