Demystifying Page 4 of the Florida "AS IS" Contract - The Minefield of Disclosures:

Once Page 3 separates your closing costs and lays down the title requirements, the standard Florida Realtors/Florida Bar "AS IS" Contract shifts from the ledger to the legal shadows. Page 4 is where the contract handles everything you cannot see. It is the administrative capital of property disclosures.

Jeff's Bottom Line Up Front (BLUF): Page 4 is a liability shield for sellers and a warning track for buyers. It contains the legally mandated Section 10 Disclosures—covering everything from invisible radioactive gases to unpermitted construction work. Missing a detail on this page can spark a post-closing lawsuit for a seller or land a buyer with a structurally compromised financial anchor.

Section 10: The Heavy-Hitting Disclosures

Unlike other states where "buyer beware" is the absolute rule, Florida law requires specific, uniform transparency regarding hidden property elements. Page 4 explicitly details these items line-by-line:

• Paragraph 10(a) Radon Gas: This is a statutory notification required for all Florida real estate transfers. Radon is a naturally occurring radioactive gas that can accumulate in structures. The contract doesn't mandate a seller to test for it, but it explicitly warns the buyer of their legal right to investigate it.
  
  
• Paragraph 10(b) Permits Disclosure: This is the line that exposes historical structural negligence. The seller contractually states that—except as otherwise disclosed in writing—they do not know about any improvements made to the property without required building permits or open, unfinalized permits.
  
  
• Paragraph 10(c) Mold: Much like the radon notice, this alerts the buyer that mold is a naturally occurring health risk in warm climates, advising them to satisfy their concerns during the upcoming inspection window.

2026 Page 4 Disclosure Q&A: Protecting Your Equity

Q: Does the new HB 803 law exempt a seller from disclosing unpermitted work on Page 4?

A: No. While HB 803 permits cosmetic updates and minor structural work valued under $7,500 to proceed without pulling local city permits, any major historical unpermitted additions (like an enclosed garage, a patio roof, or a secondary structural layout) still violate building codes if done without a permit. If you know it’s unpermitted, you must disclose it on this page.

Q: What is the "Property Tax Disclosure Summary" on line 178 trying to tell the buyer?

A: It is screaming a financial warning: Do not rely on the seller’s current property tax bill. In Florida, the Save Our Homes cap limits annual property assessment increases for primary residences. The moment the deed transfers to a new owner in Davie, Pompano Beach, or Cooper City, the property is reassessed at full market value, often causing the new buyer's tax bill to spike by thousands of dollars.

Q: What happens if a seller lies or hides a defect on Page 4?

A: They violate the landmark Johnson v. Davis ruling integrated into Paragraph 10(j). Sellers are legally obligated to disclose any facts materially affecting the value of the property that are not readily observable by the buyer. Hiding a known structural leak or structural compromise opens the seller up to direct fraud litigation long after the closing day.

Section 10(g) & 10(h): Associations and Tax Adjustments

The lower portion of Page 4 handles the operational transition of neighborhood infrastructure and tax allocations:

• The HOA/Community Disclosure: The contract explicitly warns the buyer not to execute the document until they have received and read the mandatory Homeowners' Association Disclosure Summary. If you sign without it, you are agreeing to rules, design covenants, and monthly assessments blindly.
  
  
• FIRPTA / Tax Withholding: Paragraph 10(i) warns that if the seller is a "foreign person" under federal tax code definitions, a percentage of the gross sale proceeds must be withheld at closing to satisfy IRS requirements, preventing unexpected closing delays for international transactions.

CMV's Sellpro+ Strategy: Pre-Empting the Audit

Under CMV's Economic Model, unmanaged risk is the quickest way to destroy a transaction. Through our proprietary CMV's Sellpro+ methodology, we approach Page 4 disclosures with aggressive, preemptive transparency.

When we represent a seller, we assist you in completing a comprehensive written property disclosure form during our Pre-launch phase. By disclosing older permits, aging roofs, or minor defects upfront, we completely strip the buyer of their ability to claim "surprise fraud" later. For our buyers in high-demand residential pockets like Hollywood, Southwest Ranches, or Pembroke Pines, we cross-reference this page against municipal building records to ensure the seller's memory aligns perfectly with city hall's legal ledger.

Jeff's Perspective

Most sellers look at Page 4 as a formality and say, "Let's just check the boxes and move on." That is a massive mistake. Property disclosures are the single highest source of post-closing real estate lawsuits in the state of Florida.

How would you feel if you sold your home, moved away, and received a court summons two years later because the buyer found hidden structural rot that your agent failed to help you properly disclose? Just imagine the clarity of walking away from your closing table knowing your liability is entirely capped because your contract paperwork was flawlessly structured.

The bottom line is: Disclosed issues can be negotiated; hidden issues become lawsuits. Be transparent on paper, protect your blind spots, and use the contract to shield your wealth.

What’s Coming Next on Page 5...

Now that the disclosures are laid bare, the contract moves to the field of battle: Property Inspections. On Page 5, we will break down the exact parameters of the "AS IS" Maintenance Requirement and the high-stakes Right to Cancel Window—the ultimate exit hatch for real estate buyers. Stay tuned!

Want to make sure your property disclosures are legally sound? Schedule an Infrastructure and Disclosure Strategy Review for Your Property today, and let’s secure your transaction path.