What Counts as Material Fact in Florida?
When selling a home in Florida, many sellers wonder how much information they must disclose to potential buyers. The guiding rule comes from the Florida Supreme Court’s decision in Johnson v. Davis, which requires sellers to disclose facts that materially affect the value of a property if those facts are not readily observable and are unknown to the buyer. Over the years, courts have applied this rule to various property conditions such as flooding issues, structural defects, radon levels, and building code violations. However, one gray area remains largely unresolved: whether a seller must disclose the presence of a noisy or otherwise troublesome neighbor.
Do Sellers Have to Disclose Nuisance Neighbors?
Attempting to classify “nuisance neighbors” as a material fact raises significant practical challenges. What one homeowner considers a serious nuisance—such as loud gatherings, barking dogs, or frequent street parking by guests—may not bother another buyer at all. Courts typically evaluate nuisance claims based on the reasonableness of the conduct and the specific circumstances of each case, making it difficult to establish a clear standard for disclosure. If the law required disclosure of every potentially irritating neighbor behavior, sellers could face an endless list of subjective issues they might feel obligated to report.
Could Florida Law Change?
Because of this uncertainty, some legal commentators argue that Florida should clarify the law. The legislature has already identified certain stigmatizing facts, such as deaths on a property, that are not considered material facts requiring disclosure under Florida Statutes § 689.25. Extending similar statutory protection to issues involving nuisance neighbors could reduce confusion and limit unnecessary litigation. Until such guidance exists, sellers and real estate professionals should remain mindful of disclosure obligations while recognizing the limits of what the law clearly requires.
Have Questions About Florida Disclosure Requirements?
Attorneys work closely with real estate professionals every day to navigate complex disclosure issues and avoid costly mistakes.
If you’re unsure how to handle a situation in a transaction, please reach out to your trusted real estate attorney.
