What must I disclose when selling my Naples home?

Florida has a reputation as a buyer beware state, but for sellers the reality is that the disclosure duties are real and growing. The courts created the first one, the legislature added the second, and since 2025 the flood disclosure form is one of the most important pages in the transaction. Get it right and the sale is clean. Get it wrong and it can come back on you long after closing.

The Johnson v. Davis Duty

Under the Florida Supreme Court's Johnson v. Davis decision, a seller who knows of a material defect that a buyer cannot reasonably discover has a duty to disclose it. That covers things like a leaky roof, foundation problems, water intrusion, or other latent conditions that affect the value of the property. The standard is about what you know, so honesty and documentation are your protection. When in doubt, disclose.

The FD-1 Flood Disclosure Form

Since October 2024, and expanded effective October 1, 2025, Florida sellers must complete a written flood disclosure form, FD-1, and deliver it at or before the time the purchase contract is signed. The expanded form asks you to affirm or deny whether the property has flooded during your ownership, including flood damage even if no claim was filed, whether you have made flood insurance claims, and whether you received any government or other assistance for flood damage repairs. It also puts the property's flood zone in front of the buyer.

Why the Flood Form Matters More Than Ever

Naples is coastal, and flood history is exactly the kind of thing a buyer cannot always see from a walk-through. The form also reminds the buyer that a standard homeowner's policy does not cover flood damage. For sellers, the form is not a punishment; it is clarity. A buyer who knows the history up front is a buyer who closes without surprises, and surprises are what turn into post-closing disputes.

Disclosure Is a Selling Point

I tell my sellers the same thing I tell my buyers: full disclosure is a marketing advantage. A home with a clean disclosure package, a current roof, an elevation certificate, and no hidden claims sells faster and with less drama. Buyers in this market are sophisticated, and they are asking the flood question. Answer it first, on your terms, and you take the uncertainty off the table.

Let Your Realtor Walk You Through It

The disclosure forms are part of the contract package, and a good Realtor makes sure they are complete before the buyer signs. I have been through thousands of transactions, and the clean ones all share one habit: the seller told the truth up front and the paperwork reflected it. That is how you protect the sale you have already negotiated.