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Buying and Selling a Home in Florida

A Florida deed must be signed before two subscribing witnesses (Fla. Stat. § 689.01) and recorded in the county. Florida has no general statutory seller's-disclosure form, but under Johnson v. Davis (1985) a seller must disclose known material defects that aren't readily observable — even in an 'as is' sale.

By Find Local Law Editorial Team · Last reviewed: May 26, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice. Real estate contracts are binding and deadline-driven — talk to a Florida attorney before you sign.

Buying or selling a Florida home turns on two things people underestimate: how the deed must be executed, and what the seller must disclose.

The deed: two witnesses, then record

A Florida deed conveying real property must be signed in the presence of two subscribing witnesses (Fla. Stat. § 689.01). The deed is then recorded with the county where the property sits (ch. 695), which puts the world on notice of your ownership. A deed that doesn’t follow the formalities can be challenged later, so this is not a step to cut corners on. How the deed is worded also controls ownership — see holding title.

Seller disclosure: Johnson v. Davis

Florida has no general statutory seller’s-disclosure form like some states. Instead, the rule comes from a 1985 Florida Supreme Court case, Johnson v. Davis: a seller of residential property must disclose known material defects that aren’t readily observable and aren’t known to the buyer.

The part that surprises sellers: this duty applies even to “as is” sales. Selling “as is” shifts the cost of obvious or discoverable problems to the buyer, but it does not let a seller stay quiet about a known, hidden defect — like a leaking roof or a hidden drainage problem.

For buyers, this is why a thorough inspection still matters: the duty covers known defects, so issues the seller genuinely didn’t know about may fall on you.

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Frequently asked questions

How many witnesses does a Florida deed need?
A Florida deed conveying real property must be signed in the presence of two subscribing witnesses (Fla. Stat. § 689.01). Deeds are then recorded with the county (ch. 695).
Does a Florida seller have to disclose problems with the house?
Yes. Under the Florida Supreme Court case Johnson v. Davis (1985), a seller must disclose known material defects that aren't readily observable and aren't known to the buyer. There's no general statutory disclosure form, but the duty exists in case law.
Does an 'as is' sale get a Florida seller out of disclosing defects?
No. The Johnson v. Davis duty to disclose known, hidden material defects applies even to 'as is' sales. 'As is' shifts the cost of obvious or discoverable issues to the buyer — it does not excuse hiding known hidden problems.

Sources

Related guides

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