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
Deaths (§689.25(1)(b))
A homicide, suicide or death – actual or suspected – is not a material fact.
Health (§689.25(1)(a))
An occupant's HIV or AIDS is not a material fact.
No lawsuit (§689.25(2))
No cause of action against the owner, either side's agent or a licensee for not disclosing.
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)).
Related guides
Keep the seller's disclosures on the deal as dated documents in ClosingCode.
Start free trialSource: 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.