Do I Have to Disclose a Death in the House When Selling in Florida?
Sellers often worry about whether a death, a violent event, or an occupant's health history has to be disclosed to a buyer. Florida law answers this specific question directly, and the answer is narrower and more specific than many sellers expect.
What Florida law specifically says
Under Florida Statute 689.25, the fact that a property was, or was at any time suspected to have been, the site of a homicide, suicide, or death is not a material fact that must be disclosed in a real estate transaction. The statute also states that the fact an occupant of the property is or was infected with HIV, or was diagnosed with AIDS, is not a material fact requiring disclosure. The statute goes further and specifically states that no cause of action arises against a property owner, their agent, an agent of the buyer, or a person licensed under Florida real estate law for failing to disclose either of these things.
Why this is a narrow, specific carve-out
This statute addresses only these specific facts. Florida's general duty to disclose known material defects, established under Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), still requires a seller who knows of facts materially affecting a property's value, and that aren't readily observable, to disclose them. F.S. 689.25 removes the specific facts it names from that general duty; it does not eliminate the general duty for other kinds of known material defects. See our guide on selling a house with mold in Florida for how that general known-material-fact standard applies to a different kind of disclosure question.
Why a buyer might still ask
Even where Florida law says disclosure isn't legally required, a buyer can still ask questions directly, and how a seller chooses to answer a direct question is a separate matter from what the law requires proactively. Whether and how to respond to a buyer's specific question is worth thinking through, ideally with guidance from a real estate professional, even though F.S. 689.25 removes the legal disclosure obligation itself.
Where a sale fits
Because F.S. 689.25 specifically removes these facts from Florida's disclosure requirements, a seller isn't legally required to build disclosure of this kind of history into how a sale is marketed or negotiated. That doesn't change any other legal or practical considerations a specific sale might have, and a Florida real estate attorney or agent can help think through how, or whether, to address a buyer's direct questions on this topic.
Frequently asked questions
Do I have to tell a buyer someone died in the house?
No. Under F.S. 689.25, the fact that a property was, or was suspected to have been, the site of a homicide, suicide, or death is not a material fact that must be disclosed in a Florida real estate transaction. The statute specifically states no cause of action arises against an owner, their agent, or a licensed real estate professional for failing to disclose this.
Does this apply to natural deaths too, or just homicide and suicide?
The statute's language covers homicide, suicide, or death generally, not just violent deaths. Under F.S. 689.25, none of these are treated as a material fact requiring disclosure.
Do I have to disclose if an occupant had HIV or AIDS?
No. F.S. 689.25 also specifically states that the fact an occupant of the property is or was infected with HIV or diagnosed with AIDS is not a material fact that must be disclosed in a real estate transaction.
Does this override Florida's general duty to disclose known material defects?
F.S. 689.25 is a specific, narrow exception. Florida's general disclosure duty under Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), still requires a seller to disclose known facts that materially affect the property's value and are not readily observable. F.S. 689.25 removes the specific facts it lists from that requirement; it doesn't remove the general duty for other known material defects, which is a separate legal question that needs to be evaluated on its own facts.
Have questions about what does or doesn't need to be disclosed on your property? Call OfferLink at 407-584-9111. We buy houses as-is across Florida, including Duval County, Pinellas County, and Clay County. This article is general information, not legal advice. A Florida real estate attorney is the right resource for confirming what applies to a specific sale.