A death at a property is not automatically a required disclosure in Florida. Keep that rule separate from the duty to disclose a known, hidden condition that materially affects the value of residential property.
This lesson explains the distinction for Florida exam preparation. Jump to deaths and property history, direct buyer questions, or practice questions.
Does a seller or agent have to disclose a death?
Under Florida Statute 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 real estate transaction. The statute also protects against a cause of action based on failure to disclose that history.
Students may hear this described as stigmatized property: a property's history or reputation may concern a buyer even when it is not a physical defect. For an exam question, use the Florida rule for the specific fact described. Do not assume every uncomfortable event creates the same disclosure duty.
How is that different from a hidden defect?
Florida licensees have duties under section 475.278 to disclose known facts that materially affect residential property value and are not readily observable. This duty appears in single agency, transaction brokerage, and no brokerage relationship.
| Fact in the question | What to recognize |
|---|---|
| A former occupant died in the home. | The death itself falls under section 689.25; it is not a required material-fact disclosure. |
| The agent knows of a recurring roof leak concealed behind a newly painted ceiling that materially affects value. | This is a known, hidden property condition. Apply the material-fact disclosure duty. |
| A death and a serious hidden structural problem both appear in the facts. | Analyze them separately. The rule about the death does not excuse withholding the structural problem. |
A seller's instruction to keep a required material fact secret does not remove the licensee's disclosure duty. Likewise, “as is” wording should not be treated as permission to hide a known material condition.
What if the buyer directly asks whether someone died there?
Section 689.25 does not state an “unless the buyer asks” exception. A direct question does not, by itself, turn that history into a material fact the statute requires to be disclosed.
That is different from permission to make a false statement. Licensees must deal honestly and fairly. Do not knowingly deny a death, invent an answer, or present an unverified rumor as established fact. If you do not know, say that you do not know. If a question raises uncertainty about disclosure or confidentiality in an actual transaction, involve your broker before responding.
Exam cue: First identify whether the question asks about a required disclosure, a false representation, or a separate physical defect. Those are different issues.
Practice questions
- A house was the site of a death years ago. No separate defect is described. Does that history alone require disclosure under section 689.25?
- An agent knows about a concealed foundation problem that materially affects a home's value. The seller says not to mention it. May the agent follow that instruction?
- A buyer asks about a rumored death. The agent knows the rumor is true and says it never happened. Is the nondisclosure rule permission to give that false answer?
Answers and explanations
- No. The death itself is not a material fact that must be disclosed under this statute.
- No. The known, non-observable material condition triggers the licensee's disclosure duty.
- No. Protection for failure to disclose is not permission to lie. Keep nondisclosure and misrepresentation separate.
Florida references checked October 20, 2026. These are original study examples, not recalled licensing-exam questions.
Related lessons and help
Review Florida agency relationships or return to the exam-prep guide. For help with a course explanation, submit a support request with the lesson name and what is unclear.
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