Selling in Miami Beach comes with unique disclosure rules that can make or break your deal. Between new state flood requirements and association documents, a missed detail can lead to delays or cancellations. You want a smooth closing and confident buyers. This guide shows you what you must disclose, when to deliver it, and how to prepare in Miami Beach. Let’s dive in.
What Florida law requires
Florida does not have a single, all-purpose seller form for every sale. Instead, you must follow several specific rules and a broad duty to disclose known, material issues.
- Flood disclosure: You must give buyers Florida’s statutory Flood Disclosure at or before contract signing. The law took effect Oct 1, 2024 and was expanded Oct 1, 2025 to include whether you know of flooding that damaged the property during your ownership and whether any assistance was used to remediate flood damage. See the statute in Fla. Stat. §689.302.
- Duty to disclose material defects: Florida’s Supreme Court requires sellers to disclose known facts that materially affect value and are not readily observable. This applies even in “as is” contracts. See Johnson v. Davis.
- Sanitary sewer laterals: Disclose any known defects in your privately owned sewer lateral before the contract is executed. See Fla. Stat. §689.301.
- Sinkhole claims: If an insurer paid a sinkhole claim, you must disclose that and whether proceeds were used for repairs. See Fla. Stat. §627.7073.
- Condo, co-op, HOA documents: Condo resales require delivering governing documents, recent financials and an FAQ, with specific contract language about buyer rights. See Fla. Stat. §718.503.
- Lead-based paint: For homes built before 1978, provide the EPA/HUD pamphlet, disclose known hazards and share any records. See the EPA lead disclosure rules.
Miami Beach issues that matter
Flooding, elevation and insurance
Miami Beach is low-lying and flood awareness is central to due diligence. Buyers will ask about flood zone, elevation certificates, prior flood damage and any insurance claims. You must provide the statutory Flood Disclosure at or before contract signing per Fla. Stat. §689.302. To help buyers verify, share any elevation certificates and point them to the city’s Interactive Flood Guide and the county’s Flood Zone Disclosure resource. If you have an elevation certificate, it can influence insurance requirements and premiums. Learn how elevation certificates work from FloodSmart.
Condo documents and special assessments
Condo resales are common in Miami Beach. You must deliver the declaration, bylaws, rules, most recent financial statements or budget, and the association FAQ. Your contract must include the statutory acknowledgment or a buyer voidability clause per Fla. Stat. §718.503. Disclose any levied or pending special assessments. These often relate to structural repairs, building envelope work, garages, pools or shoreline projects, and they can materially affect a buyer’s decision. For context on how assessments work, see this Florida Realtors overview.
Permits, code and latent defects
Under Johnson v. Davis, you must disclose known, material issues that are not obvious, such as roof leaks, prior water intrusion or mold, structural concerns, unpermitted work, open permits or code violations. Gather your permit history, final inspections and contractor warranties so buyers can review them early. Clear, documented answers reduce renegotiations and risk.
Sewer laterals and septic
Disclose any known defects in your privately owned sanitary sewer lateral before contract execution under Fla. Stat. §689.301. Most Miami Beach properties connect to municipal sewer. If yours has a private system, share any service records and inspection results.
Sinkhole claims
Sinkholes are less common in Miami-Dade, but disclosure is mandatory if a sinkhole claim was paid. Be ready to provide records and note whether proceeds were used for repairs per Fla. Stat. §627.7073.
Lead-based paint
For pre-1978 housing, provide the federal pamphlet, disclose known hazards and share any reports as required by the EPA lead disclosure rules.
Deadlines and timing
- Flood disclosure: Give the completed statutory form at or before contract signing. The law is effective Oct 1, 2024 with expanded questions effective Oct 1, 2025. See Fla. Stat. §689.302.
- Sanitary sewer lateral: Disclose known defects before the contract is executed. See Fla. Stat. §689.301.
- Condominium documents: Deliver required docs and include the statutory language giving the buyer an acknowledgment or a voidability right. Exact timelines depend on the contract and whether the seller is a developer or nondeveloper. See Fla. Stat. §718.503.
Consequences of nondisclosure
- Statutory remedies: Missing condo documents or required wording can make the contract voidable by the buyer under Fla. Stat. §718.503. Undisclosed assessments may be charged back to the seller at closing depending on contract terms.
- Common law remedies: Under Johnson v. Davis, buyers can seek rescission or damages for nondisclosure of known, material, latent defects. “As is” language does not remove this duty.
- Practical impacts: Late or incomplete disclosures can cause inspection delays, re-trades, closing extensions and post-closing disputes. Clear, early disclosures protect your timeline and net proceeds.
Seller prep checklist
Gather these items before you list to build trust and speed up due diligence:
- Completed Flood Disclosure and backup records of any flood claims or assistance used for flood-related repairs. See Fla. Stat. §689.302.
- Elevation certificate, flood-zone determinations and any FEMA LOMA or LOMR letters. Direct buyers to Miami Beach’s Interactive Flood Guide and the county’s Flood Zone Disclosure resource. If needed, learn about certificates via FloodSmart.
- Condo or HOA documents: declaration, bylaws, rules, most recent financials or budget, FAQ and recent meeting minutes. Confirm levied or pending assessments per Fla. Stat. §718.503.
- Permit history, final inspections, contractor invoices and warranties for improvements. Note any open permits or code notices.
- Insurance claim records for wind, hurricane, flood or other losses. Disclose any paid sinkhole claim per Fla. Stat. §627.7073.
- Sanitary sewer lateral repair records or notices, and known defects to disclose per Fla. Stat. §689.301.
- For pre-1978 homes, the EPA/HUD pamphlet and any lead reports per the EPA lead rule.
Pro tip: Give precise, documented answers. For example, “Seller filed two flood claims in 2022 and 2023. Copies attached.” Clear records reduce disputes and protect your sale.
Buyer verification steps
If you are buying in Miami Beach, verify the seller’s statements with these steps:
- Review the statutory Flood Disclosure and ask for elevation certificates and claim records.
- Use the city and county flood tools to confirm flood zone and elevation certificate status.
- For condos, read the governing documents, financials, FAQ and recent minutes to spot pending assessments or repairs.
- Order a general home inspection and specialized inspections for roof, structural, moisture and plumbing where appropriate.
- Confirm permit history and whether all final inspections were passed.
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FAQs
What disclosures does Florida require from home sellers?
- Florida requires a statutory Flood Disclosure, disclosure of known sanitary sewer lateral defects and disclosure of paid sinkhole claims, plus a general duty to disclose known, material, latent defects under Johnson v. Davis.
When is the Florida Flood Disclosure due in Miami Beach?
- You must provide the completed statutory flood form at or before the moment the sales contract is signed; the law took effect Oct 1, 2024 and expanded Oct 1, 2025.
What condo documents must Miami Beach sellers provide?
- For condo resales you must deliver the declaration, bylaws, rules, recent financials or budget and the association FAQ, with contract language giving the buyer a statutory right or acknowledgment.
Do sellers have to disclose roof leaks or prior water intrusion?
- Yes if you know about them and they are not readily observable, since they can materially affect value under Johnson v. Davis even if the contract is “as is.”
How can buyers check flood risk beyond the seller’s statement?
- Review the statutory Flood Disclosure, request elevation certificates and use the city and county flood tools, then consult your insurer and inspector for property-specific guidance.
