QUICK ANSWER
Florida real estate exam disclosure questions test three things: the trigger fact, the timing rule, and the recipient. The federal disclosure you must know cold is lead-based paint for most pre-1978 housing. The Florida-required disclosures you must know are radon gas, mandatory HOA membership, condominium documents, CDD disclosure, property tax change warning, Coastal Construction Control Line (CCCL), energy efficiency brochure, flood disclosure, and known hidden material defects under Johnson v. Davis.
EXAM PREP ONLY
This post explains how disclosure rules appear on the Florida real estate sales associate exam. It is not legal, tax, lending, appraisal, brokerage, title, insurance, closing, or professional advice. The source check was reviewed on June 26, 2026 against the Florida Department of Business and Professional Regulation (DBPR) sales associate Candidate Information Booklet (CIB), Florida Statutes, Environmental Protection Agency (EPA) lead-disclosure guidance, and Johnson v. Davis. For a real transaction, verify the controlling statute, current contract version, and your brokerage's compliance policy with a qualified Florida real estate attorney or your broker.
What this guide covers
- Disclosure questions are not vocabulary questions
- Start with the right practice
- Official source map
- The disclosure table to learn first
- Federal disclosure: lead-based paint
- Florida-required: radon gas
- Florida-required: property tax change warning
- Florida-required: HOA mandatory membership
- Florida-required: condominium documents
- Florida-required: CDD disclosure
- Florida-required: coastal construction control line
- Florida-required: energy efficiency brochure
- Florida-required: flood disclosure (2024 statute, 2025 expansion)
- Common-law: material defect disclosure (Johnson v. Davis)
- Frequently Asked Questions
Disclosure questions are not vocabulary questions
Snippet answer: Disclosure questions are trigger-and-timing questions, not definition questions.
The trap with disclosures is that every disclosure sounds like the others. Radon, lead, mold, flood, HOA, CDD, property tax. The candidate who memorizes the list can still miss every question.
The exam writes disclosures as scenarios. A buyer asks about radon. A seller stays silent about a known leaky roof. A condo developer hands over documents on day one. An HOA exists but the seller does not mention it before contract. In every case, the right answer depends on the trigger fact (what kind of property, what date, who is selling, what is being disclosed) and the timing (before contract, before closing, within a stated number of days).
This guide gives you the exam version of the highest-yield Florida disclosures candidates are most likely to see. Federal disclosures, Florida-specific statutory disclosures, common-law disclosures from Johnson v. Davis, and the newest addition (the Florida flood disclosure added in 2024 and expanded in 2025). Each section follows the same pattern: what triggers the rule, what must be disclosed, when it is delivered, who receives it, what happens if it is missed, and the most common exam trap.
Start with the right practice
Snippet answer: Disclosure misses should route first to contract practice, then federal and state laws, property rights, and violations practice depending on the missed rule.
| If you miss this disclosure pattern | Practice here |
|---|---|
| Contract timing, rescission, buyer notices | Real estate contracts practice |
| Lead, flood, fair housing-adjacent federal or state law | Federal and state laws practice |
| HOA, condo, co-op, ownership limits | Property rights practice |
| Misrepresentation, concealment, complaint risk | Violations and penalties practice |
| Mixed timed exam pressure | Free Florida practice exam |
| Mobile disclosure drills | Download Pass Florida |
DISCLOSURE SCENARIO PRACTICE
Train the trigger, timing, and recipient pattern.
Pass Florida is an educational exam-prep tool for Florida sales associate candidates: 1,002 Florida-specific questions, a 19-topic diagnostic, six modes, Math Coach across the 14 Florida math calculation types, Trap Library, Confidence Calibration, offline access, optional sync, lifetime updates, and one $39.99 purchase. No subscription. No copied exam questions.
Official source map
Snippet answer: The disclosure rules in this guide trace to the DBPR sales associate CIB, federal lead-disclosure rules, Florida Statutes Chapters 83, 161, 190, 404, 553, 689, 718, 719, 720, and 723, plus Johnson v. Davis.
| Exam disclosure | Source family |
|---|---|
| Mandatory disclosures as exam content | DBPR sales associate CIB |
| Lead-based paint | EPA lead disclosure guidance and 24 CFR Part 35 |
| Radon | F.S. 404.056 |
| Property tax warning, flood, stigmatized property | F.S. 689.261, F.S. 689.302, and F.S. 689.25 |
| HOA, condo, co-op, CDD, CCCL, energy brochure | F.S. 720.401, 718.503, 719.503, 190.048, 161.57, and 553.996 |
| Material defects | Johnson v. Davis |
The disclosure table to learn first
Snippet answer: Memorize each disclosure by trigger, timing, recipient, and authority before you try to memorize long statutory wording.
This is the night-before table. Memorize it before drilling questions.
| Disclosure | Trigger | Timing | Recipient | Authority |
|---|---|---|---|---|
| Lead-based paint | Target housing built before 1978 | Before contract becomes binding | Buyer or tenant | 42 U.S.C. 4852d, 24 CFR Part 35 |
| Radon gas | Every sale or lease of building | At or before contract | Buyer or tenant | F.S. 404.056(5) |
| Property tax warning | Residential property sale | At or before contract execution | Buyer | F.S. 689.261 |
| HOA mandatory membership | Sale subject to mandatory HOA | Before execution of contract | Buyer | F.S. 720.401 |
| Condominium documents (resale) | Resale of unit in established condo | 7 business days to rescind, tied to both contract execution and receipt of the required (and any requested) documents per F.S. 718.503(2) | Buyer | F.S. 718.503(2) |
| Condominium documents (new from developer) | First sale from developer | 15 days to rescind from later of contract execution or receipt of all documents | Buyer | F.S. 718.503(1) |
| CDD disclosure | Initial sale of a parcel or residential unit within the district | In the contract, in boldface, above signature line | Buyer | F.S. 190.048 |
| Coastal Construction Control Line | Parcel partially or entirely seaward of CCCL | At or before contract | Buyer (no rescission for nondisclosure) | F.S. 161.57 |
| Energy efficiency brochure | Real property with a building for occupancy | At or before contract | Buyer | F.S. 553.996 |
| Florida flood disclosure | Residential real property sale | At or before contract execution | Buyer | F.S. 689.302 (added by ch. 2024-215, amended by ch. 2025-166) |
| Material defects | Known, not readily observable, materially affects value | When defect becomes known | Buyer | Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) |
Print this. Most disclosure questions are one row written as a story.
Federal disclosure: lead-based paint
Snippet answer: Federal lead-based paint disclosure applies to most target housing built before 1978 and must happen before the buyer or tenant is bound.
The federal lead-based paint disclosure is the most-tested federal rule on the Florida exam because it applies nationally and the date is easy to remember.
What triggers it
Target housing built before 1978. Target housing is most residential property. The exemptions are narrow: housing where children under six are unlikely to live (zero-bedroom units like efficiencies and dorms), housing specifically for the elderly or persons with disabilities, short-term leases of 100 days or less, housing in which painted surfaces have been tested and found to be lead-based paint free, and foreclosure sales.
What must be disclosed
Three things:
- The EPA pamphlet "Protect Your Family From Lead in Your Home"
- Any known information about lead-based paint or hazards
- A signed Lead Warning Statement
Timing
Before the contract becomes binding. Buyers also get a 10-day opportunity to inspect for lead, which can be waived in writing.
Most common exam trap
Confusing the year. The cutoff is 1978, not 1979 or 1980. Lead-based paint was banned in residential paint starting 1978.
Second most common trap: thinking the disclosure applies to commercial property or new construction. It only applies to target housing built before 1978.
Florida-required: radon gas
Snippet answer: Florida radon notification applies to the sale or lease of any building, except residential transient occupancy of 45 days or less.
Radon is the most common Florida-specific disclosure tested.
What triggers it
Any sale or lease of any building in Florida. Not just residential. Not just single-family. The statute applies to all real estate transfers and leases. The only carve-out is residential transient occupancy of 45 days or less.
What must be disclosed
A notification on the contract or lease document stating that radon is a naturally occurring radioactive gas and listing where additional information may be obtained.
The statute does not require the seller to test for radon. It requires the notification.
Timing
At or before contract execution. Most Florida contracts (the FR/BAR and CRSP forms) print the radon notification directly on the contract.
Most common exam trap
Believing radon disclosure requires actual testing. It does not. The disclosure is the notification language, not a test result.
Second trap: thinking the rule applies only to homes. Radon applies to every sale or lease of a building in Florida (F.S. 404.056(5)).
Florida-required: property tax change warning
Snippet answer: Florida residential buyers must receive a property tax disclosure warning at or before contract execution.
A trap many candidates miss because the warning sounds informational.
What triggers it
Any sale of residential property in Florida. The statute applies to "residential property" without restricting by unit count.
What must be disclosed
A statement that property taxes can change significantly after a sale. The current owner's tax bill may not reflect what the buyer will pay. The buyer should contact the county property appraiser for current valuation and the estimated taxes.
Timing
In the contract or as an attachment delivered with the contract.
Most common exam trap
Confusing it with the homestead exemption disclosure. These are different. The property tax change warning is a general warning that taxes can rise after sale (because the Save Our Homes cap resets, because the assessment may change, because the buyer may or may not qualify for homestead). It is required regardless of whether the buyer intends to file for homestead.
Florida-required: HOA mandatory membership
Snippet answer: Mandatory HOA membership disclosure must be presented before the buyer executes the contract.
The HOA disclosure depends on whether membership is mandatory or voluntary. The exam usually tests mandatory.
What triggers it
A residential sale where the buyer will be required to be a member of a homeowners' association. Mandatory means automatic upon ownership.
What must be disclosed
A specific summary disclosure required by F.S. 720.401 that says membership is mandatory, that there are recorded restrictive covenants governing use, that the buyer is obligated to pay assessments, that assessments are subject to change, that failure to pay can result in a lien, and that the disclosure summary is for informational purposes only.
Timing
Before the buyer executes the contract.
What happens if it is missed
The buyer has the right to void the contract any time before closing or up to three days after receiving the disclosure summary, whichever comes first. Once the buyer closes, the right to void is lost.
Most common exam trap
Confusing HOA with condo association rules. They are different statutes (F.S. 720 for HOA, F.S. 718 for condominium). The exam will give you the trigger fact in the stem (HOA vs condo). Read it.
Florida-required: condominium documents
Snippet answer: Condo resale buyers get a 7-business-day cancellation window, while developer buyers get a 15-day window after the later of contract execution or receipt of required documents.
Two separate rules apply depending on whether the unit is being sold by the developer (new) or by a unit owner (resale).
Resale from a unit owner
Triggered by any resale of a condominium unit. The seller must deliver the condominium declaration, articles of incorporation, bylaws, rules, the governance form summarizing buyer rights, the most recent annual financial statement and budget, the milestone inspection summary (if applicable), the structural integrity reserve study (or a statement that the association has not completed one), the turnover inspection report (if applicable, for inspections performed on or after July 1, 2023), and the Frequently Asked Questions document.
Buyer has 7 days, excluding Saturdays, Sundays, and legal holidays to cancel, with the window tied to both execution of the contract and the buyer's receipt of the required (and any specifically requested) documents per F.S. 718.503(2). The buyer may request specific documents within the rescission period, and the seller may deliver them during that window; the statute is more nuanced than a simple "clock starts at execution" rule, so read the stem carefully on any condo resale scenario.
New unit from the developer
Triggered by the first sale of a unit from the developer (not a resale). The developer must deliver the full prospectus or offering circular with all exhibits.
Buyer has 15 days after the later of contract execution and receipt of all required documents to cancel.
Most common exam trap
Reversing the 7-business-day and 15-day windows. Memorize: 7 business days from owner (resale), 15 days from developer (new). The longer window protects the buyer in a higher-risk first sale where the building, finances, and management are less established.
Second trap: counting the resale window as calendar days. F.S. 718.503(2) specifically excludes Saturdays, Sundays, and legal holidays from the 7-day count.
Florida-required: CDD disclosure
Snippet answer: CDD disclosure under F.S. 190.048 applies to initial sales in the district and must appear in the contract above the buyer signature line.
Florida-specific because community development districts are common in newer Florida communities.
What triggers it
The initial sale of a parcel of real property within a community development district, and the initial sale of a residential unit within the district. F.S. 190.048 applies to initial sales only; it does not require the same disclosure for subsequent resales.
What must be disclosed
A specific disclosure statement in the contract that says the property is located within a CDD, that the CDD may impose taxes and assessments to pay for community facilities and services, and that those taxes and assessments are in addition to county and other local property taxes.
Timing
In the contract itself.
Most common exam trap
Believing the CDD disclosure applies to every resale. It does not. F.S. 190.048 applies to the initial sale of a parcel of real property and the initial sale of a residential unit within the district. Subsequent resales are not covered by F.S. 190.048, although other disclosures may apply and the buyer can verify CDD taxes with the county property appraiser.
Florida-required: coastal construction control line
Snippet answer: CCCL disclosure applies to parcels partially or entirely seaward of the coastal construction control line, but nondisclosure does not create rescission under F.S. 161.57.
A narrow but tested disclosure.
What triggers it
Sale of a parcel located either partially or entirely seaward of the Coastal Construction Control Line set by the Florida Department of Environmental Protection.
What must be disclosed
Two separate items under F.S. 161.57:
-
A written disclosure statement delivered at or before contract execution. The statute requires this exact statement: "The property being purchased may be subject to coastal erosion and to federal, state, or local regulations that govern coastal property, including the delineation of the coastal construction control line, rigid coastal protection structures, beach nourishment, and the protection of marine turtles. Additional information can be obtained from the Florida Department of Environmental Protection, including whether there are significant erosion conditions associated with the shoreline of the property being purchased."
-
An affidavit or survey delivered by the seller at or prior to closing, unless waived in writing by the buyer. The affidavit or survey establishes the location of the CCCL relative to the property.
Timing
- Written disclosure statement: at or before contract execution
- Affidavit or survey: at or prior to closing, unless waived in writing by the buyer
Most common exam trap
Assuming the CCCL applies to any coastal property. It does not. The CCCL is a specific surveyed line, and only parcels partially or entirely seaward of that line trigger the disclosure. A beachfront condo may or may not be seaward of the line.
What happens if it is missed
This is a second exam trap worth memorizing. F.S. 161.57 expressly states that a seller's failure to deliver the disclosure, affidavit, or survey does not impair the enforceability of the contract, does not create a right of rescission, and does not impair title. The disclosure is required, but the consequence of missing it sits outside the contract itself.
Florida-required: energy efficiency brochure
Snippet answer: Florida energy-efficiency disclosure tells the buyer about the option for a rating; it does not require the seller to provide a completed rating.
Often overlooked. Easy to miss as a wrong-answer choice.
What triggers it
Sale of real property with a building for occupancy located on it. F.S. 553.996 applies to "a prospective purchaser of real property with a building for occupancy located thereon," without restricting by unit count or property type.
What must be disclosed
Information that notifies the purchaser of the option for an energy-efficiency rating on the building. The required content includes how to analyze a building's energy-efficiency rating, comparisons to statewide averages, methods to improve the rating, and (for residential) notice that a favorable rating may qualify the purchaser for an energy-efficient mortgage. The information is prepared by approved building energy-efficiency rating system providers.
Timing
At or before the purchaser's execution of the contract for sale and purchase.
Most common exam trap
Confusing the disclosure with the actual energy efficiency rating. F.S. 553.996 requires information about obtaining a rating and the rating's benefits, not the rating itself. The buyer is informed that the rating is an option to request.
Florida-required: flood disclosure (2024 statute, 2025 expansion)
Snippet answer: Florida residential sellers must provide the F.S. 689.302 flood disclosure at or before contract execution, and 2025 law added related lease and developer disclosure rules.
The newest disclosure on the Florida exam. Exam-eligible because it is a newer statutory disclosure that pre-license materials have been updating to reflect.
What triggers it
F.S. 689.302 was added by ch. 2024-215 and expanded by ch. 2025-166. The statute requires a seller of residential real property to provide a flood disclosure to the buyer at or before execution of the contract for sale and purchase.
The 2025 expansion (ch. 2025-166) reaches beyond seller disclosure. The same act created F.S. 83.512, which requires a landlord to provide a written flood disclosure at or before execution of a residential lease of one year or longer. It also added flood disclosure language to condominium developer contracts under F.S. 718.503(1), cooperative developer contracts under F.S. 719.503, and mobile-home-lot prospectus disclosures under F.S. 723.011. The exam-relevant takeaway is that "flood disclosure" in 2026 is not a single statute applied to one transaction type. It is now a coordinated set of disclosures, with seller sales and long-term residential leases as the highest-yield exam scenarios.
What must be disclosed
The current statutory form includes:
- A flood insurance notice: "Homeowners' insurance policies do not include coverage for damage resulting from floods. Buyer is encouraged to discuss the need to purchase separate flood insurance coverage with Buyer's insurance agent."
- Whether the seller has knowledge of any flooding damage to the property during the seller's ownership
- Whether the seller has filed any insurance claim related to flood damage on the property
- Whether the seller has received "assistance for flood damage to the property, including, but not limited to, assistance from the Federal Emergency Management Agency" (FEMA is named as an example, not as the only source)
- The statutory definition of "flooding": "a general or temporary condition of partial or complete inundation of the property caused by any of the following: (a) The overflow of inland or tidal waters. (b) The unusual and rapid accumulation of runoff or surface waters from any established water source, such as a river, stream, or drainage ditch. (c) Sustained periods of standing water resulting from rainfall."
Timing
At or before execution of the contract.
What happens if it is missed
For seller sales under F.S. 689.302, the statute makes the disclosure mandatory but does not expressly state a private right of action for nondisclosure. The practical exam point is that the seller disclosure must be delivered at or before contract execution.
For residential leases of one year or longer, F.S. 83.512 has its own remedy: if the landlord violates the section and the tenant suffers substantial loss or damage to personal property because of flooding, the tenant may terminate the rental agreement by written notice and surrender possession within the statutory window. Do not mix that lease remedy into the seller-sale disclosure.
Most common exam trap
The original 2024 effective date (October 1, 2024, under ch. 2024-215) versus the 2025 expansion under ch. 2025-166. The exam may test which version of the form applies to a transaction at a given date. As of the 2026 exam cycle, candidates should expect questions based on the current (expanded) statutory form.
Second trap: thinking the disclosure replaces a flood determination by the lender. It does not. The lender's flood determination and the seller's disclosure serve different purposes.
Common-law: material defect disclosure (Johnson v. Davis)
Snippet answer: Johnson v. Davis requires a residential seller to disclose known defects that are not readily observable and materially affect property value.
The most important non-statutory disclosure rule on the Florida exam.
The rule
A seller of residential real property has a duty to disclose facts that materially affect the value of the property and that are not readily observable to the buyer. This duty applies to facts known to the seller.
Source: Johnson v. Davis, 480 So. 2d 625 (Florida Supreme Court 1985).
Three elements all must be true
- The fact is known to the seller
- The fact is not readily observable to the buyer through normal inspection
- The fact materially affects the value of the property
If all three are true, the seller must disclose. If any one is false (the seller did not know, the defect is obvious on inspection, or the defect is trivial), the duty does not attach.
Examples that trigger Johnson v. Davis
| Fact | Triggers disclosure? | Why |
|---|---|---|
| Active roof leak the seller knows about | Yes | Known, not visible from outside, materially affects value |
| A cracked front step visible from the driveway | No | Readily observable |
| Unpermitted addition the seller built | Yes | Known, not observable in a normal walk-through, affects value and resale |
| The neighbor is loud | Usually no | Subjective, not a material defect |
| Sinkhole activity on the property the seller knows about | Yes | All three elements |
| A new highway being built nearby (public information) | Generally no | Public records, buyer can investigate |
Most common exam trap
Confusing Johnson v. Davis (residential common law) with a statutory disclosure list. The case rule is broader than any single statute. It does not require a form. It requires that the seller speak when the three elements are met.
Second trap: extending Johnson v. Davis to commercial real estate. The case is residential. Florida commercial real estate disclosure obligations are different and largely contractual.
What about mold
Snippet answer: Florida does not have a general residential mold disclosure statute, but known hidden material mold can still trigger Johnson v. Davis.
Florida does not have a specific statutory mold disclosure for residential sales as of June 26, 2026. Mold falls under Johnson v. Davis when known to the seller, not readily observable, and materially affects value (active toxic mold in the walls, for example). It does not fall under Johnson v. Davis when the buyer can see surface mold during inspection or when the seller has no actual knowledge of a hidden mold problem.
Do not invent a Florida mold statute on the exam. There is no general residential mold disclosure law.
What about deaths and HIV (stigmatized property)
Snippet answer: F.S. 689.25 says homicide, suicide, death, HIV, and AIDS status are not material facts that must be disclosed in a Florida real estate transaction.
Florida has a stigmatized property rule under F.S. 689.25 that protects sellers from suit for failing to disclose:
- The fact that the property was, or was at any time suspected to have been, the site of a homicide, suicide, or death
- The fact that an occupant is, or has been at any time, infected with HIV or diagnosed with AIDS
The seller is not required to disclose these specific facts. The exam tests this because students often assume disclosure is required. Note that F.S. 689.25 does not cover "any felony on the property" broadly; the statute is limited to the specific categories above.
Meth labs and other physical contamination are different
A known meth lab, prior fire damage, prior toxic spill, or any other physical contamination of the property is not covered by F.S. 689.25. Those facts are physical defects, not stigmatized-property facts. If a meth lab contaminated the structure and the seller knows about it, the disclosure duty comes from Johnson v. Davis (known, hidden, materially affects value), not from F.S. 689.25. Do not lump physical contamination into the stigmatized-property immunity.
F.S. 689.25 itself provides only the statutory immunity for nondisclosure of these specific facts. The statute does not contain a "direct question" exception. However, separate Florida common-law fraud principles (and Johnson v. Davis where applicable) prohibit a licensee from making an affirmative misrepresentation in response to a direct question. The exam-safe rule: silence on these stigmatized facts is permitted under F.S. 689.25; lying when asked is still actionable under common-law fraud.
Buyer-protection vs seller-protection disclosures
Snippet answer: Most disclosure rules protect buyers; F.S. 689.25 is the main seller-protection rule because it protects silence about specific stigmatized-property facts.
Group the disclosures by which side the law is protecting. This makes scenario questions easier.
| Disclosure | Protects mostly | Why |
|---|---|---|
| Lead-based paint | Buyer | Federal health protection |
| Radon | Buyer | Health warning |
| Property tax warning | Buyer | Avoids surprise tax bill |
| HOA disclosure | Buyer | Avoids surprise covenants and assessments |
| Condo documents | Buyer | Allows rescission within window |
| CDD disclosure | Buyer | Avoids surprise tax and assessment |
| CCCL disclosure | Buyer | Construction limit warning |
| Energy efficiency brochure | Buyer | Rating awareness |
| Flood disclosure | Buyer | Risk and history awareness |
| Johnson v. Davis | Buyer | Common-law fraud protection |
| Stigmatized property rule | Seller | No duty to disclose certain facts |
Most disclosure questions test a buyer-protection rule. The stigmatized property rule is the main seller-protection question.
Common exam scenarios
Snippet answer: Disclosure scenarios usually ask which fact triggered the duty, when disclosure was due, and whether the buyer can cancel.
Scenario 1: The radon question
A sales associate is preparing a contract for a buyer purchasing a single-family home in Tampa. The seller has not tested for radon. Which is true?
The contract must contain the radon notification language. The seller is not required to test. The notification is required regardless of testing.
Answer: Provide the radon notification in the contract. Testing is not required.
Scenario 2: The HOA timing question
A buyer signs a contract on Monday. On Friday, the seller delivers the mandatory HOA disclosure summary for the first time. The buyer wants to cancel. Can she?
Yes. The buyer has three days after receipt of the disclosure to void, or any time before closing, whichever comes first. Receipt was Friday. The buyer has until Monday (counting days per the statute and contract).
Answer: Yes, the buyer may void within three days of receipt or before closing.
Scenario 3: The condo rescission question (new from developer)
A buyer purchases a unit directly from the developer. After signing, the developer delivers the offering prospectus. The buyer has second thoughts on day 10.
The buyer is within the 15-day rescission window for new units from the developer. The buyer can cancel.
Answer: Yes, within 15 days from the later of contract execution or receipt of all required documents.
Scenario 3b: The condo resale rescission question
A buyer signs a contract to purchase a resale condo unit on a Monday. The buyer receives all required condominium documents from the seller on the same Monday. By what date can the buyer rescind?
F.S. 718.503(2) gives a resale buyer 7 days excluding Saturdays, Sundays, and legal holidays. The window is tied to both contract execution and the buyer's receipt of the required (and any specifically requested) documents. Because both events happened on Monday, the count starts Tuesday. Skipping the following Saturday and Sunday, the buyer's window ends at the end of the following Wednesday (7 business days later).
Answer: Within 7 business days, excluding weekends and legal holidays, tied to both execution and receipt of documents. If documents are delivered later than execution, the clock interaction shifts; read the stem carefully.
Scenario 4: The Johnson v. Davis question
A seller knows the home has an active termite infestation in a wall cavity. The defect is not visible without removing drywall. The seller does not disclose. The buyer discovers the infestation three months after closing. What rule applies?
All three Johnson v. Davis elements are met: the seller knew, the defect was not readily observable, the defect materially affects value (termite damage is structural). The seller had a duty to disclose.
Answer: Johnson v. Davis applies. The seller breached the duty to disclose a known, hidden, material defect.
Scenario 5: The lead-based paint question
A buyer is purchasing a 1981 single-family home. Which disclosure does federal law require?
None of the federal lead-based paint rules. The home was built after 1978. The Florida-required disclosures (radon, property tax warning, energy efficiency brochure, and flood if applicable) still apply. The federal lead-based paint disclosure does not.
Answer: No federal lead-based paint disclosure required for housing built in or after 1978.
Mistakes candidates make on disclosure questions
Snippet answer: The biggest disclosure mistakes are mixing statutes, reversing timing windows, and inventing duties that Florida law does not create.
| Mistake | What goes wrong | Fix |
|---|---|---|
| Memorizing names without triggers | Right name, wrong trigger | Always identify property type, date, and seller type first |
| Assuming radon needs testing | Confuses notification with test | Notification only; testing not required |
| Mixing HOA (F.S. 720) and condo (F.S. 718) | Wrong rescission window | Read the stem for HOA vs condo |
| Reversing condo rescission windows | Picks wrong cancellation period | Memorize: 7 business days from owner (resale, excluding weekends/holidays), 15 days from developer (new, calendar) |
| Extending Johnson v. Davis to commercial | Wrong rule for commercial | Johnson v. Davis is residential |
| Inventing a Florida mold statute | Picks "mold disclosure required" answer | No general residential mold statute |
| Disclosing stigmatized property | Picks "must disclose" for death/HIV | F.S. 689.25 grants statutory immunity for silence on these facts; common-law fraud still bars affirmative misrepresentation |
| Treating flood disclosure as voluntary | Picks wrong answer on 2024 update | F.S. 689.302 is mandatory at or before contract |
How disclosure questions appear on the exam
Snippet answer: The Florida exam writes disclosure questions as trigger, timing, recipient, and exemption questions.
Disclosure questions on the Florida sales associate exam tend to use four patterns:
- The trigger question. "Which of the following requires the lead-based paint disclosure?" Tests whether you recognize the trigger fact (year built, type of housing).
- The timing question. "When must the radon disclosure be delivered?" Tests when, not what.
- The recipient question. "Who receives the HOA mandatory membership disclosure?" Tests whether you can match the right party.
- The exemption question. "Which sale is exempt from the lead-based paint disclosure?" Tests whether you know the carve-outs.
Each pattern has a different right answer for the same disclosure. The candidate who memorizes only "radon disclosure exists" cannot answer all four.
What to pair with this guide
Snippet answer: Pair disclosure study with contracts, Florida Real Estate Commission (FREC) violations, property rights, and EXCEPT/NOT strategy.
| When this topic turns into a practice miss, use | Why |
|---|---|
| FREC rules and violations guide | Disclosure failures often appear in FREC complaint and violation questions |
| Florida contracts guide | Disclosures attach to specific contract forms and clauses |
| Property rights and ownership guide | Disclosure rules interact with deeds, recording, and notice |
| EXCEPT and NOT questions strategy | Disclosure questions are often written as EXCEPT questions |
| Florida real estate exam tips | Trap recognition strategy that applies to disclosure scenarios |
Frequently Asked Questions
Is the seller required to fill out a property disclosure form in every Florida sale?
No. Florida does not require a specific seller property disclosure form by statute. Many brokerages and contract forms (FR/BAR, CRSP) include a Seller's Property Disclosure as standard practice, and Johnson v. Davis creates a common-law duty to disclose known, hidden, material defects. The exam answer is that there is no statutory mandatory form; the duty comes from case law and from contract language.
Does Johnson v. Davis apply to as-is contracts?
Yes. The Florida Supreme Court has held that even as-is sales do not waive the duty to disclose known, hidden, material defects. An as-is clause shifts the burden of investigation for observable conditions to the buyer; it does not give the seller permission to hide known defects.
What is the lead-based paint cutoff year?
- Housing built in or after 1978 is not subject to the federal lead-based paint disclosure. Housing built before 1978 is subject to it unless an exemption applies (zero-bedroom unit such as an efficiency or dorm, housing for the elderly or persons with disabilities, leases of 100 days or less, housing tested and certified lead-paint free, foreclosure sales).
How is the new Florida flood disclosure different from the lender's flood determination?
The seller's flood disclosure under F.S. 689.302 covers the flood insurance notice, the seller's knowledge of flooding damage during ownership, any flood-related insurance claim filed, and any assistance received for flood damage (including but not limited to FEMA), plus the statutory definition of "flooding." The lender's flood determination is a separate process that identifies whether the property sits in a Special Flood Hazard Area requiring federally backed flood insurance for the loan. They are independent processes and the exam can ask about either.
Is the radon disclosure required for commercial leases?
The statute applies to every sale or lease of every building in Florida, which includes commercial. The exam usually tests it as residential, but the rule is broader.
Do I have to disclose a death in the home?
No. F.S. 689.25 says the fact that an occupant of real property is, was, or was suspected to be infected with HIV or AIDS, or that the property was the site of a homicide, suicide, or death, is not a material fact and is not required to be disclosed. A property owner, the owner's agents, a transferee's agents, and persons licensed under Chapter 475 are protected from a claim for nondisclosure of these facts. The statute itself does not contain a "direct question" carve-out, but separate common-law fraud doctrine still bars a licensee from making an affirmative misrepresentation in response to a direct question.
What is the HOA disclosure cancellation window?
A buyer who did not receive the mandatory HOA disclosure summary before signing the contract may cancel within three days after receiving it, or any time before closing, whichever comes first. Once the buyer closes, the right is lost.
Does the property tax disclosure apply to commercial sales?
No. F.S. 689.261 applies to "a prospective purchaser of residential property," not commercial. The statute does not restrict by unit count within the residential category; commercial sales are addressed contractually, not by this disclosure.
Is the CDD disclosure required for resales?
The F.S. 190.048 disclosure applies to initial sales of a parcel of real property and the initial sale of a residential unit within the district. The statute does not require the same disclosure for subsequent resales, though the property is still in a CDD and the buyer can verify CDD taxes and assessments with the county property appraiser.
What if a disclosure rule changes between when I take my course and when I take the exam?
Verify the current rule with the Florida Department of Business and Professional Regulation (DBPR), the Florida statute, and any recent Florida Real Estate Commission (FREC) advisory bulletin before exam day. The most common change in recent years has been the addition of the 2024 flood disclosure law, which is now exam-eligible.
Ready to drill disclosure scenarios?
Snippet answer: The best next step is mixed contract and federal/state law practice, because disclosure questions rarely announce the statute by name.
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Sources and Methodology
Reviewed June 26, 2026. This guide was written for Florida sales associate candidates studying for the Pearson VUE state exam. It covers federal disclosures applicable in Florida, Florida-specific statutory disclosures under Title XL and Title XXXIII, Florida common-law disclosure duty under Johnson v. Davis, the 2024 statutory addition of the Florida flood disclosure (F.S. 689.302), and the 2025 flood-disclosure expansion.
Official facts were checked against the 2025 Florida Statutes at flsenate.gov and the Laws of Florida chapters listed below. Specifically verified: F.S. 404.056 (radon), F.S. 161.57 (CCCL), F.S. 190.048 (CDD), F.S. 553.996 (energy efficiency), F.S. 689.25 (stigmatized property), F.S. 689.261 (property tax warning), F.S. 689.302 (flood disclosure, added by ch. 2024-215 and amended by ch. 2025-166), F.S. 83.512 (residential lease flood disclosure), F.S. 718.503 (condominium disclosure and rescission windows), F.S. 719.503 (cooperative developer flood-disclosure language), F.S. 723.011 (mobile-home-lot prospectus flood-disclosure language), and F.S. 720.401 (HOA mandatory membership disclosure). Federal lead-based paint disclosure was checked against EPA real estate disclosure guidance and 24 CFR Part 35.
Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), is cited for the Florida residential material-defect disclosure rule. The examples, scenarios, mistake table, and practice routing are exam-prep teaching patterns, not DBPR, FREC, EPA, court, broker, or contract-form instructions.
Statutes, contract forms, and FREC advisory positions change. For any real transaction, verify the controlling rule, the current FR/BAR or CRSP version, and your brokerage's compliance policy with a qualified Florida real estate attorney.
Product note. Pass Florida is an educational exam-prep tool for Florida sales associate candidates. It includes 1,002 Florida-specific questions, a 19-topic diagnostic, six modes, Math Coach across the 14 Florida math calculation types, Trap Library, Confidence Calibration, offline access, optional sync, lifetime updates, and one $39.99 purchase. No subscription. No copied exam questions. It does not guarantee passage.
This post is exam preparation content for the Florida Real Estate Sales Associate exam. It is not legal, tax, financial, lending, appraisal, brokerage, insurance, title, closing, or professional advice. For real-world decisions, verify current requirements with the official source or consult a qualified licensed Florida professional.
Sources
- F.S. 404.056 (radon gas notification)
- F.S. 689.261 (property tax change disclosure)
- F.S. 689.302 (Florida flood disclosure)
- F.S. 83.512 (residential lease flood disclosure)
- F.S. 689.25 (stigmatized property, HIV, death)
- F.S. 720.401 (HOA mandatory membership disclosure)
- F.S. 718.503 (condominium disclosure and rescission)
- F.S. 719.503 (cooperative developer disclosure)
- F.S. 723.011 (mobile-home-lot prospectus and flood disclosure)
- F.S. 190.048 (CDD disclosure)
- F.S. 161.57 (coastal construction control line disclosure)
- F.S. 553.996 (energy efficiency information brochure)
- Johnson v. Davis, 480 So. 2d 625 (Fla. 1985)
- EPA Lead-Based Paint Real Estate Disclosure
- HUD Lead Hazard Information Pamphlet
- DBPR Real Estate Sales Associate Candidate Information Booklet

