Q: I represent an investor who is selling a home. He tells me that since he’s never lived in the property, he isn’t required to provide the buyer with a seller property disclosure statement. Is this true?
A: Yes and no. A seller isn’t required to fill out a seller’s disclosure statement regardless of whether the seller occupied the property or not.
However, pursuant to the Florida Supreme Court case Johnson vs. Davis, a seller is required to disclose known facts that materially affect the value of the property that are not known and readily observable to the buyer. That disclosure requirement exists whether or not the seller occupied the property.