Must you disclose defects you only sorta know about?
In the 1985 case Johnson v. Davis, the Florida Supreme Court ruled that a home seller who knows of facts that materially affect the property's value that aren't readily observable and known to a buyer has a duty to disclose them to the buyer. This is the law in Florida today. A nondisclosure claim under Johnson v. Davis has four elements: The home seller must know of a defect in the property The defect must materially affect the property's value The defect must not be readily observable by the buyer and must be unknown to the buyer The buyer must establish that the seller failed to disclose the defect to the buyer In 2011, the 2nd District Court of Appeal heard a separate case, Jensen v. Bailey, and rendered an opinion that focused on the first element of liability under Johnson v. Davis – that the home seller knows of a defect in the property. Specifically, the court considered whether anything less than actual knowledge is sufficient to satisfy the first