Do sellers have to disclose mold in Florida?

Florida is a disclosure state for residential real estate. Under the Florida Supreme Court's decision in Johnson v. Davis (1985), a seller of a home must disclose facts they know that materially affect the value of the property and that are not readily observable or known to the buyer.

Mold, and the moisture history behind it, can be exactly that kind of fact. If a seller knows about past flooding, a chronic leak, prior remediation, or active growth that a buyer would not easily see, that knowledge can trigger the duty to disclose.

The duty attaches to what the seller actually knows. It does not require a seller to investigate or test for problems they are unaware of. But once a material defect is known, hiding it — or actively concealing it — is where liability arises.

"Not readily observable" matters too. A large, obvious stain a buyer can plainly see is different from moisture hidden behind a wall or under new paint. Documentation of a prior issue is often what makes the difference in whether something was disclosed properly.

For sellers, an independent assessment and clear records of any past problem and its correction can demonstrate good-faith disclosure and reduce the risk of a later dispute. For buyers, an independent inspection surfaces conditions before closing so there are no surprises afterward.

An independent inspector like Sterling, which Florida law bars from remediating a home it assessed within the prior 12 months, produces documentation with no stake in a sale or a repair — a neutral record both sides can rely on.

Disclosure obligations turn on specific facts, contract language, and current law, and they can change. The description here is general information to help you ask the right questions — it is not legal advice. For how the duty applies to your transaction, consult a licensed Florida real-estate attorney.