Selling As-Is in Brevard: What to Disclose

November 2, 2026 · Mike Adams

Yes, you can sell a Brevard house as-is. Florida still expects you to tell the buyer about known problems that affect the home's value and aren't easy to see, and every residential sale now comes with a written flood disclosure. As-is changes who fixes things. It doesn't change what you have to tell the buyer.

We buy houses as-is across Brevard County, so here is what the law actually says, in plain words, and where it stops. We're not lawyers, and this isn't legal advice. If something below fits your situation, a Florida real estate attorney can tell you how it applies to your house.

What as-is covers, and what it doesn't

An as-is sale means the buyer takes the house in its current condition. You don't fix the roof, you don't replace the water heater and you don't hand over a repair credit after the inspection. That part is real, and it's the reason a lot of people sell this way.

What as-is doesn't do is let a seller hide a problem. The duty to disclose comes from the Florida Supreme Court's decision in Johnson v. Davis, 480 So. 2d 625 (Fla. 1985). The court held that when a home seller knows of facts that materially affect the value of the property, and those facts aren't readily observable and aren't known to the buyer, the seller has a duty to disclose them.

In Levy v. Creative Construction Services of Broward, Inc., 566 So. 2d 347 (Fla. 3d DCA 1990), a Florida appeals court held that an as-is contract doesn't free a seller from the Johnson duty, and later cases have followed it.

Notice the three parts. You have to know about it. It has to matter to value. And the buyer couldn't reasonably see it. A stained ceiling the buyer can look at is one thing. A slab leak that was patched and painted over, or water that came into the garage during a storm two years ago, is another.

The flood questions every Florida seller answers

Florida added a flood disclosure law in 2024 and amended it in 2025. Under section 689.302 of the Florida Statutes, the seller of residential real property has to give the buyer a flood disclosure at or before the time the sales contract is signed. The form asks three things:

• Whether you know of any flooding that damaged the property while you owned it.
• Whether you filed a claim for flood damage on the property with any insurance company, including the National Flood Insurance Program.
• Whether you received help for flood damage to the property, including assistance from FEMA.

The definition of flooding is broader than most people expect. It covers the overflow of inland or tidal waters, a fast buildup of runoff or surface water from an established source like a river, stream or drainage ditch, and sustained standing water from rainfall. The form also reminds the buyer that a homeowners policy doesn't cover flood damage.

That matters here. Brevard's beach towns sit between the Atlantic and the Indian River Lagoon, and canals run through Merritt Island. But the standing-water part of the definition reaches inland too, so water that sat on a Palm Bay lot for days after a big rain can count as flooding under the law. If your property is in a flood zone, our post on selling a flood-zone property covers the insurance side.

The other notices in a Florida sale

Three more items can come up in a Florida home sale, as-is or not.

The first is the property tax disclosure summary. Section 689.261 requires that a buyer of residential property get it at or before signing the contract. It starts with the line "Buyer should not rely on the seller's current property taxes as the amount of property taxes that the buyer may be obligated to pay in the year subsequent to purchase." As the form explains, a change of ownership "triggers reassessments of the property that could result in higher property taxes." It's the assessment that resets, not the bill.

The second is the radon notice. Section 404.056(5) requires a short radon gas statement on at least one document signed at or before the contract. It's standard language about radon being a naturally occurring gas and where to get testing information.

The third only applies to older homes. For most sales of housing built before 1978, a federal rule from the EPA and HUD (40 CFR Part 745, Subpart F) requires the seller to disclose any known lead-based paint or lead hazards, hand over any reports, give the buyer the EPA pamphlet "Protect Your Family From Lead in Your Home," include a lead warning statement in the contract and give the buyer 10 days to test. The buyer can waive that testing period in writing or agree to a different one.

In Brevard, that rule touches a lot of houses. On the 2026 preliminary tax roll, 55,638 of the county's 215,220 single-family homes, about 25.9%, were built before 1978. In Satellite Beach it's 3,966 of 6,645. In Cocoa Beach it's 2,355 of 3,065. Another 8,027 condo units countywide are that old.

What you don't have to disclose

Florida spells out a few things that are not material facts a seller has to disclose. Under section 689.25, that includes the fact that an occupant of the property has or had HIV or AIDS, and the fact that the property was, or was suspected to have been, the site of a homicide, suicide or death.

That's a short list. It doesn't cover physical problems with the house, and it doesn't cover things like an open permit or a code case. If it affects the house itself and a buyer can't see it, the Johnson v. Davis rule is the one to think about.

Put it in writing, even with a cash buyer

Selling to a cash buyer doesn't change any of the rules above. It does make the conversation easier, because a buyer who already plans to fix things isn't scared off by the list. Our as-is page says it this way: "Water damage and mold are on the list of conditions we buy. Tell us about any flooding or open insurance claim when you call."

Before you talk to any buyer, write down what you know. These are common ones, with our posts on each:

• Roof age and any past leaks, even ones that were fixed. See selling with an old roof that fails the 4-point inspection.
• Any flooding or water that came inside, and when.
• Insurance claims, open or closed. See selling with an open insurance claim.
• Mold, and what was done about it. See selling a house with mold after a leak or storm.
• Open permits or additions built without one. See selling with open permits or unpermitted additions.
• Any sinkhole claim, report or repair. See handling a sinkhole disclosure.
• Any lead paint report or test on a house built before 1978.

A written list protects you. It shows what you told the buyer and when, and it keeps a fact you mentioned on the phone from turning into a dispute after closing. For more on what an as-is sale includes, read what as-is really means in Brevard or see the conditions on our we buy as-is page.

When to call a lawyer

Most disclosure questions are simple once you write down what you know. A few are worth an hour with a Florida real estate attorney before you sign anything:

• You aren't sure whether a past problem was fully fixed, or whether it still affects value.
• There's an insurance claim, a lawsuit or a code case tied to the house.
• You inherited the house and never lived there, so you don't know its history.
• You know about a defect but aren't sure how to describe it on the forms.

For an inherited house, the honest answer to a question you can't answer is that you don't know. The first flood question, for example, asks about flooding during your own ownership. Don't guess, and don't fill gaps with what a neighbor thinks happened.

Frequently asked questions

Q: Does as-is mean I don't have to disclose anything?

A: No. As-is means you won't make repairs. Under Johnson v. Davis and the as-is cases that followed it, a Florida home seller who knows of a fact that materially affects value, isn't readily observable and isn't known to the buyer still has to disclose it. The flood, tax and radon notices still apply too.

Q: Do I fill out the flood form if I sell to an investor?

A: Section 689.302 applies to sales of residential real property, and it puts the duty on the seller to give the buyer the form at or before the contract. It doesn't carve out cash buyers or investors. Expect to answer the three questions either way.

Q: I inherited the house and don't know its history. What then?

A: Disclose what you actually know, and say plainly what you don't. The first flood question covers flooding during your ownership. Check for old insurance papers, permits or repair receipts in the house, and talk to a Florida attorney if anything looks unclear.

Q: Does a death in the house have to be disclosed?

A: Under section 689.25 of the Florida Statutes, the fact that a property was the site of a homicide, suicide or death is not a material fact that a seller must disclose. Physical problems with the house are a separate question, and the general rule above still applies to them.

You can see each step of a sale with us on our how it works page, and common questions are on the FAQ. If your house has a history you'd rather not fix, we'll buy it as-is once you tell us what you know. Call (321) 471-5088 for a free, no-obligation cash offer.

Mike Adams, Brevard Buyers Group

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