Brokerage & Agency

    Material Fact

    A fact that affects the value or desirability of property and that a licensee must disclose if it is not readily observable.

    A material fact is information that would affect a reasonable buyer's decision or the value of the property. Under Florida law and the Johnson v. Davis standard, a seller and the licensee must disclose known material defects that are not readily observable to the buyer.

    The duty to disclose known material facts applies across all brokerage relationships, including transaction brokerage and no brokerage relationship. Some matters, such as a prior occupant's death or illness, are not treated as material facts requiring disclosure in Florida.

    On the exam

    The disclosure duty for known, hidden material defects survives in every brokerage relationship. That is a frequently tested point.

    Exam trap

    A property being stigmatized, such as by a past death on the premises, is generally not a material fact requiring disclosure in Florida. Known physical defects that are hidden are.

    Tested in

    Authorized Relationships (7% of the exam)

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    This definition is Florida real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.