October 2025 Updates to Florida Real Estate Law

What Sellers, Buyers & Agents Must Know (Forms, Disclosures, Title Changes)

Florida’s 2025 legislative session delivered several significant real estate reforms—especially in the realms of disclosures, form updates, and title/permitting rules. For real estate litigators, real estate agents, and parties in transactions, staying current is essential to avoid contractual pitfalls and post-closing disputes.

Key Changes from the 2025 Session

Flood-Disclosure / Flood‐Damage Reporting (SB 948)

• As of Oct. 1, 2025, sellers of residential property must disclose Flood Risks and any past flood damage that occurred during their ownership.
• Landlords leasing residential property for one year or longer are also required to provide the existing seller flood disclosure to prospective tenants.
• Failure to provide truthful disclosure may give tenants a statutory option to terminate the lease and demand refunds of advance rents. Source: FOX 13 Tampa Bay

Revised Listing & Transaction Forms

• Florida Realtors released updated forms for residential, commercial, and vacant land sales, with clearer timeline provisions, adjusted terminology, and revised disclosure obligations. Florida Realtors
• These form updates are intended to reduce ambiguity over deadlines (e.g., inspection periods, delivery of docs) and align documentation with new statutory requirements.

New Title / Land-Use / Developer Regulations (SB 1080, Live Local Act Amendments)

• SB 1080 mandates that counties and municipalities clearly state the minimum information required for development permit applications, and shortens or standardizes local government processing windows. FOX 13 Tampa Bay

Impacts & Risk Areas for Stakeholders

For Sellers

• Enhanced liability: Sellers must be sure to disclose all known flood damage or risks. Omissions may lead to rescission, fraud claims, or damage awards.
• Greater scrutiny: Buyers’ counsel or title insurers will review disclosures carefully; errors or omissions now more defensible.
• Title / lien issues: Clarity in local permitting and developer obligations can reduce title clouds or delays in closings.

For Buyers

• Improved transparency: Buyers can better assess risk (especially in flood-prone areas).
• New options: The updated forms may provide more standardized protections in negotiation (inspection windows, contingencies).
• Insurance and due diligence: Buyers should verify that flood disclosures are accurate and consider independent flood risk or structural inspections.

For Agents & Brokerages

• Training challenge: Agents must be re-trained on new forms, deadlines, and required disclosures.
• Avoiding listing errors: Use of old forms or improperly worded clauses may expose liability or lead to contract rescission.
• Coordination with title / closing: Agents should work closely with title companies and attorneys to ensure newly required disclosures and developer notices are integrated in contracts.

For Litigators

• Contract claims: Expect disputes over whether disclosures were sufficient or timely.
• Title litigation: Developers or municipalities may be challenged over local permit or land-use regulation compliance.
• Rescission & damages: Cases will hinge on whether omitted facts were “material,” known to seller, and unavailable to buyer (the classic Johnson v. Davis doctrine in Florida) RASM

Strategic Tips & Best Practices

1. Update checklists & workflows
   Ensure all internal and client checklists incorporate the new flood disclosure, updated forms, and schedule changes.
2. Document disclosures and confirmations
   Maintain robust audit trails showing delivery of disclosures (timestamps, emails, signed acknowledgments).
3. Layer risk mitigation
   Use independent inspections or third-party reports when disclosures reveal potential issues (e.g. past flooding). Consider indemnity clauses.
4. Contract language precision
   Use clear fallback provisions for missing or late disclosures—e.g. allowing to back out, extending inspection windows, shifting risk.
5. Litigation readiness
   Preserve client communications (agent notes, emails) showing that sellers answered disclosure inquiries in good faith. Don’t rely on boilerplate disclaimers.

Contact Us

For assistance, feel free to contact our office and speak to a member of our legal team. 954-767-9662.