Understanding Seller Disclosures in Naples & Marco Island: What Every Florida Homeowner Needs to Know

If you’re preparing to sell your home in Naples or Marco Island, your disclosure responsibilities look very different from Wisconsin.Unlike Wisconsin’s formal Property Condition Report, Florida and specifically the Naples area under NABOR (Naples Area Board of REALTORS®) uses a different approach grounded in case law and local disclosure forms.And while the form may look simpler… the legal obligation is just as serious If not more so.

The Florida Standard: “Known Material Defects”

In Florida, sellers are legally required to disclose:

Any known facts that materially affect the value of the property and are not readily observable to the buyer.

This standard comes from Florida law (Johnson v. Davis) and applies to all residential real estate transactions.

What Disclosure Form Is Used in Naples?

In the Naples and Marco Island market, agents typically use:NABOR Seller’s Disclosure Form This is the local disclosure document approved and commonly used through the Naples Area Board of REALTORS® (NABOR) and is often provided to buyers prior to or alongside the NABOR Residential Sales Contract.While not mandated by statute in the same structured way as Wisconsin’s form, this disclosure becomes a critical part of the transaction and risk management strategy for sellers.

Why This Disclosure Matters

Even though Florida is less “form driven” than Wisconsin, the risk is significant.Failure to disclose known issues can result in:

• Lawsuits after closing
• Financial damages
• Rescission of the contract in extreme cases

In Florida, disclosure is not about the form it’s about what you knew and whether you told the buyer.

What Must Be Disclosed in Naples & Marco Island?

The key concept is material defects not readily observable.This includes:

• Roof leaks or past roof damage
• Water intrusion, flooding, or hurricane damage
• Mold or moisture issues
• HVAC, plumbing, or electrical defects
• Structural concerns
• Sinkhole activity (if applicable in Florida)
• Termite or pest damage
• Unpermitted work or renovations
• HOA or condo issues affecting the unit

???? Critical in Southwest Florida: Insurance & Storm History In Naples and Marco Island, buyers are especially sensitive to:

• Prior hurricane or storm damage
• Flooding history
• Insurance claims (especially recent or repeated claims)

While Florida law does not specify a strict “5 year rule” like Wisconsin practice often emphasizes, best practice is to disclose any relevant insurance claims or damage history that could impact value or insurability.

Why Real Estate Agents Can’t Advise You on Disclosures

Just like in Wisconsin:

Real estate professionals cannot advise you on how to answer disclosure questions.

This crosses into legal advice, which agents are not licensed to provide.Agents can:

• Provide the form
• Explain the process
• Encourage full disclosure

But they cannot tell you what to say or how to say it.

Best Practice: Consult a Florida Real Estate Attorney

If you are unsure about:

• Whether something qualifies as a “material defect”
• How much detail to include
• How to disclose past damage or repairs

Consult a Florida real estate attorney.

This is especially important in Southwest Florida, where:

• Storm history matters
• Insurance underwriting is strict
• Buyers often perform deep due diligence

Smart Strategy: Pre-Listing Inspection

In Naples and Marco Island, a pre-listing inspection can be a powerful advantage.

Why it matters:

• Provides a third party, professional assessment
• Helps identify issues before going to market
• Supports your disclosure with documentation
• Builds buyer confidence especially with out of state buyers

In a market driven by second home and luxury buyers, transparency wins deals.

1. Is the NABOR Seller’s Disclosure Form required?

It is not required by Florida statute, but it is widely used and strongly recommended. Most transactions in Naples and Marco Island include it.

2. What happens if I don’t disclose something?

If you fail to disclose a known material defect, you could face serious legal consequences after closing, including lawsuits for damages.

3. Do I need to disclose past hurricane or storm damage?

Yes. If you are aware of prior damage especially if it affected the structure or systems it should be disclosed, even if repairs were made.

4. What about insurance claims?

While not defined by a strict timeframe, any claims related to property damage should be disclosed if they could impact value, condition, or insurability.

5. Do I need to disclose repairs that were completed?

Yes. You should disclose the issue and explain that repairs were made. Buyers value transparency.

6. What if the buyer can see the issue?

If something is readily observable, disclosure may not be required but this can be subjective. When in doubt, disclose.

7. Can my agent help me answer the disclosure questions?

Your agent can guide you through the process, but cannot advise you on how to answer specific questions.

8. Should I provide documentation like receipts or permits?

Yes, when available. This is especially helpful for:

• Roof replacements
• HVAC systems
• Storm repairs
• Renovations

9. Is a pre-listing inspection common in Naples?

It’s not required, but it is increasingly used especially in the luxury market and with out of state buyers.

10. What makes Naples and Marco Island disclosures unique?

• Heavy focus on storm, flood, and insurance history
• Many cash buyers doing deep inspections
• High expectations for full transparency
• Strong influence of HOAs and condo associations

Final Thoughts

Selling in Naples or Marco Island requires a different mindset than other states.There may not be a rigid, state mandated form like Wisconsin’s Property Condition Report but make no mistake:

Your obligation to disclose is just as strong and your risk may be even higher.

The best approach:

• Disclose thoroughly
• Document everything
• Seek legal guidance when needed
• Use third party inspections to support your position

At Powers Realty Group, we help our sellers navigate both Wisconsin and Florida markets with clarity, strategy, and protection so you can move forward with confidence.