Quick answer
Florida has no specific statute requiring mold disclosure by name, but sellers must disclose known, material mold conditions under the Florida Supreme Court's Johnson v. Davis doctrine and the standard seller's property disclosure form used in most transactions.
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Florida has no standalone “mold disclosure law” on the books, and that surprises a lot of sellers and buyers who assume there must be a specific statute. What Florida does have is a general legal duty — established by case law, not a mold-specific statute — that requires sellers to disclose known material defects, including known mold problems, that a buyer would not discover through a reasonable inspection. In practice, mold gets disclosed through the standard seller’s property disclosure form used across the state, not through a dedicated mold statute.
The Legal Basis: Johnson v. Davis, Not a Mold Statute
Florida’s seller-disclosure duty comes from Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), a Florida Supreme Court decision that replaced the older “buyer beware” (caveat emptor) standard for residential real estate. Under Johnson v. Davis, a seller who knows of a fact materially affecting the value of the property, which is not readily observable and is not known to the buyer, has a duty to disclose it. Courts and practitioners have applied this doctrine to known mold and water-intrusion conditions — a seller who is aware of an active mold problem, or a seller who had remediation performed but never obtained independent clearance testing confirming the job was done properly, is exposed to a disclosure claim if that information isn’t shared with the buyer.
This is a common-law duty, not a line item in the Florida Statutes that says “disclose mold.” That distinction matters practically: there’s no specific form language mandated by statute, no specific penalty section for non-disclosure of mold by name, and no bright-line test for what counts as “material.” Materiality and disclosure obligations get argued case by case, based on what the seller actually knew.
What Sellers Actually Disclose: The FAR Disclosure Form
In practice, mold disclosure happens through the seller’s property disclosure form most Florida real estate agents use — commonly a Florida Realtors®/Florida Bar (FR/Bar) form or a comparable form provided by the listing brokerage. These forms typically ask sellers directly whether they are aware of mold, past water damage, past flooding, or past remediation work on the property. Answering these questions falsely, or leaving a known condition off the form, is where Johnson v. Davis liability typically gets litigated.
Two statutory provisions intersect with mold disclosure in specific circumstances, though neither is a general mold-disclosure statute:
- Florida real estate licensee duties (Fla. Stat. § 475.278): Licensed real estate agents and brokers have their own disclosure obligations regarding known facts that materially affect the property’s value and are not readily observable — this runs alongside, not instead of, the seller’s own Johnson v. Davis duty.
- Pending code enforcement (Fla. Stat. § 162.06(5)): If a property has an open code enforcement action — for example, tied to an unrepaired roof leak or plumbing failure that’s causing mold — sellers must disclose that pending action in writing.
What This Means Practically for Buyers and Sellers
If you’re selling: Disclose any mold you know about, any past water intrusion, and any past mold remediation — including whether that remediation was independently cleared. Silence about a known condition is the legal exposure; a documented, disclosed condition is not. If you’ve had professional remediation done, keep the assessor’s clearance report and provide it to the buyer — it demonstrates the condition was addressed, not concealed.
If you’re buying: Florida’s disclosure duty only protects you against conditions the seller actually knew about. A seller who never discovered mold behind a wall isn’t required to disclose something they didn’t know. That gap is exactly why a buyer-commissioned, pre-purchase mould assessment matters in Florida — particularly in a state with year-round humidity, frequent HVAC condensate issues, and a hurricane history that has left mould behind incompletely dried walls in more than one property. An independent assessment is your own verification, separate from what the seller is or isn’t legally obligated to tell you.
Why Florida’s Licensed Mold Industry Matters Here
Florida is one of a small number of states that licenses mold professionals directly — the Department of Business and Professional Regulation (DBPR) administers a mold-related services licensing program under Florida Statutes Chapter 468, Part XVI, covering both mold assessors and mold remediators for any job over 10 square feet. Assessors and remediators are licensed separately, and under § 468.8419, the same company generally cannot both assess and remediate the same property within 12 months — a built-in check against a company inflating a scope of work it then gets paid to fix.
That licensing structure is relevant to disclosure in a practical way: a mold assessment performed by a DBPR-licensed assessor, with a written protocol and (after remediation) independent clearance testing, is the strongest documentation a Florida seller can produce to show a condition was properly identified and resolved — and the strongest verification a Florida buyer can commission to know what they’re actually purchasing.
Frequently Asked Questions
Is there a specific Florida mold disclosure form?
Not one mandated by statute. Most transactions use a standard seller’s property disclosure form (commonly an FR/Bar form) that asks about known mold, water damage, and past remediation. Your listing agent or attorney can confirm which form applies to your transaction.
Can a buyer sue a Florida seller for undisclosed mold?
Yes, under the Johnson v. Davis doctrine, if the buyer can show the seller had actual knowledge of a material mold condition that wasn’t disclosed and wasn’t readily observable. Cases turn heavily on what the seller actually knew and when.
Does a home inspector’s report satisfy Florida’s mold disclosure duty?
No. A standard Florida home inspection is not a mold assessment and does not carry the moisture-metering, air-sampling, or licensing requirements DBPR requires of a mold assessor. If mold is a concern, commission a separate assessment from a DBPR-licensed mold assessor.
Do I have to disclose mold that was already remediated?
The safest practice is yes — disclose that mold was present and remediated, and provide documentation (assessor’s protocol and clearance report) showing the work was done and verified. Non-disclosure of a past condition, even a resolved one, has been a point of dispute in Florida mold litigation.
What happens if a code enforcement case is open because of a mold-related issue?
Under Fla. Stat. § 162.06(5), sellers must disclose in writing any pending code enforcement action against the property before closing — this would capture an open case tied to a leak or moisture condition causing mold.
Are Florida real estate agents required to disclose mold they notice?
Licensed agents have their own duty under § 475.278 to disclose known facts that materially affect value and aren’t readily observable to the buyer. This runs alongside the seller’s own disclosure duty, not as a substitute for it.
Is mold considered a “material defect” in Florida?
Courts have generally treated significant, known mold conditions as material facts affecting value under Johnson v. Davis, though there’s no statutory checklist defining materiality for mold specifically — it’s assessed on the facts of each case.
Should I get a mold inspection before buying in Florida even if the seller disclosed nothing?
Yes. Nothing in Florida law requires a seller to search for mold before selling — only to disclose what they already know. A DBPR-licensed pre-purchase assessment is the only way to verify conditions independent of the seller’s own knowledge and disclosure.
Sources
- Fla. Stat. Chapter 468, Part XVI — Mold-Related Services (Justia, current Florida Statutes)
- Florida DBPR — Mold-Related Services licensing program
- Fla. Stat. § 475.278 — real estate licensee disclosure duties
- Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) — Florida Supreme Court decision establishing the seller-disclosure duty for known material defects
This guide is general information, not legal advice. Florida real estate disclosure obligations depend on the specific facts of a transaction. Consult a Florida real estate attorney or your listing/buyer’s agent for guidance on a specific sale or purchase.