Skip to content

Florida · DisclosureFlorida stigmatized property: deaths, homicides and the disclosure safe harbor

Florida sets out by statute what a seller doesn't have to disclose about a home's history. The fact that an occupant of real 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. Neither is the fact that the property was, or was at any time suspected to have been, the site of a homicide, suicide or death. No cause of action arises against an owner of real property, the owner's agent, an agent of the buyer, or a person licensed under chapter 475 for failing to disclose to the buyer that the property was or was suspected to have been the site of a homicide, suicide or death, or that an occupant had HIV or AIDS (Fla. Stat. §689.25). The safe harbor covers these facts only; it doesn't cover physical conditions of the property.

What the statute sets

  1. Deaths (§689.25(1)(b))

    A homicide, suicide or death – actual or suspected – is not a material fact.

  2. Health (§689.25(1)(a))

    An occupant's HIV or AIDS is not a material fact.

  3. No lawsuit (§689.25(2))

    No cause of action against the owner, either side's agent or a licensee for not disclosing.

  4. Scope (§689.25)

    Covers these facts only, not physical conditions of the property.

What the TC does with a stigmatized Florida listing

  • Keep the seller's condition disclosure focused on physical conditions.
  • If a buyer asks about the home's history, route the question to the listing agent and the seller.
  • Note any physical damage linked to an event – that belongs in the condition disclosure.

Questions about Florida stigmatized property

Do you have to disclose a death in a house in Florida?

No. A homicide, suicide or death on the property, actual or suspected, is not a material fact that must be disclosed (Fla. Stat. §689.25(1)(b)).

Can a Florida buyer sue for not being told about a murder in the house?

Not for the failure to disclose: no cause of action arises against the owner, either side's agent or a licensee for it (Fla. Stat. §689.25(2)).

Keep the seller's disclosures on the deal as dated documents in ClosingCode.

Start free trial

Source: Fla. Stat. §689.25 (flsenate.gov, 2025), read October 30, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.