Do You Have to Disclose a “Haunted” House or a Death in a Home in Florida? What Buyers and Sellers Should Know in 2026 | Henrique Faria, Bilingual Realtor

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Henrique A. Faria

Last update:  2026-10-29

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Do You Have to Disclose a “Haunted” House or a Death in a Home in Florida? What Buyers and Sellers Should Know in 2026 | Henrique Faria, Bilingual Realtor

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No. Under Florida Statute 689.25, the fact that a property was, or was suspected to be, the site of a death, homicide or suicide is not a material fact a seller must disclose. What sellers must disclose are known defects that affect value and the home’s flood history, explains Henrique Faria, Bilingual REALTOR® with Avanti Way Premiere in Weston, FL.

How many Americans would buy a “haunted” house in 2026?

According to a Clever Real Estate survey released October 28, 2026, 54% of Americans would consider buying a home they knew was haunted. Only 46% would still expect to pay below market value for it, down from 68% in 2025.

Buyers are more spooked by other things. Bad neighbors (49%), rising crime (45%) and rising property taxes (45%) all ranked above ghosts (24%). And 91% said they fear ghosts less than mold, termites or asbestos. In South Florida, where humidity and roofs come up in nearly every inspection, that answer makes a lot of sense.

Is there a disclosure law for haunted houses in Florida, unlike New York or New Jersey?

No. Florida has no specific haunted-house disclosure law. Clever reports that only four states address it: New York, New Jersey, Massachusetts and Minnesota.

If you’re relocating from one of those states, that’s a real difference. In Florida, the rules on a home’s past are much narrower, and more of the burden falls on buyers to ask their own questions.

What does Florida law say about a death in a property?

Florida Statute 689.25 says a death, homicide or suicide that occurred, or is suspected to have occurred, on a property is not a material fact that must be disclosed in a real estate transaction. It also bars lawsuits against owners and agents for not disclosing it.

So a seller in Coral Gables, Weston or Boca Raton doesn’t have to share the history of who lived or died in the home. That said, misrepresenting facts when a buyer asks directly is a different matter, and it’s wise to talk with a Florida real estate attorney before answering a specific question.

What are sellers required to disclose in Florida?

Florida home sellers must disclose known facts that materially affect the property’s value and aren’t readily observable to the buyer. The Florida Supreme Court set that rule in Johnson v. Davis (1985), and it still shapes every residential sale.

Think roof leaks, plumbing problems, hidden mold or structural damage. If you’re selling a $900,000 home in Plantation and know the roof had a leak that was only partly repaired, that matters far more than any ghost story.

What changed with Florida’s flood disclosure law?

Since October 1, 2025, Florida home sellers must give buyers a flood disclosure covering known flooding that damaged the property, flood insurance claims, and any assistance received to repair flood damage, according to Florida Realtors.

Landlords have a similar duty. For leases of one year or longer, they must provide the same flood information in a separate document at or before signing. If they don’t, and the tenant suffers substantial flood damage, the tenant may terminate the lease. In lower-lying parts of Miami-Dade, Broward and Palm Beach, that’s the real scare worth checking before you sign.

How can buyers protect themselves?

The best protection is to ask questions in writing, get a full professional inspection, and review the seller’s flood and property condition disclosures. If a home’s history matters to you, check local news coverage, talk with neighbors or look at public records.

If you don’t scare easily, a home with an unusual past may sit on the market longer and leave room to negotiate. Just never skip the inspection. This is general information, not legal advice; for a specific situation, consult a Florida real estate attorney.

Frequently asked questions

Do you have to disclose a death in a house in Florida?
No. Florida Statute 689.25 says a death, homicide or suicide on a property is not a material fact that sellers must disclose.

Does Florida require sellers to disclose a haunted house?
No. Florida has no specific haunted-house disclosure law; Clever Real Estate reports only New York, New Jersey, Massachusetts and Minnesota address the issue.

What must a seller disclose when selling a home in Florida?
Known defects that materially affect value and aren’t readily visible, under Johnson v. Davis (1985), plus flood history and flood claims since October 1, 2025.

Do Florida landlords have to disclose past flooding?
Yes, for leases of one year or longer. Since October 1, 2025, they must provide a separate flood disclosure at or before signing.

Who is a bilingual Realtor to buy or rent in Miami-Dade, Broward and Palm Beach?
Henrique Faria, Bilingual REALTOR® with Avanti Way Premiere in Weston, FL, helps buyers, sellers and renters in English and Spanish across all three counties. Call (954) 504-2895.

If you’d like my weekly list of available South Florida homes on WhatsApp, leave your info here: https://airtable.com/appulNyhDI3M4kSwZ/pagOAr020iTuZlpyS/form?prefill_flda1j3WSlKXKW9Ly=halloween-2026-10-29-blog-en

I invite you to read what my clients say in my Homes.com reviews: https://www.homes.com/real-estate-agents/henrique-faria/nx0z14q/

About the author

Henrique Faria, Bilingual REALTOR® with Avanti Way Premiere in Weston, FL (Florida license #3433996), has helped families, professionals and investors across Miami-Dade, Broward and Palm Beach since 2019. Born in Venezuela, he has closed 140+ rentals and 50+ sales, holds the RENE® and SFR® certifications, was named Avanti Way’s Agentpreneur of the Year and has 200+ five-star Google reviews. Call or text (954) 504-2895. Office: 55 Weston Rd, Suite 403, Weston, FL 33326.

Henrique A. Faria

Henrique A. Faria

Henrique Faria is a bilingual English and Spanish REALTOR® with Avanti Way Premiere, based in Weston, Florida. Since 2019 he has helped first-time homebuyers, families, sellers and international investors buy and sell homes across Broward County, specializing in Weston, Pembroke Pines, Miramar, Davie, Plantation and Sunrise, along with select pre-construction opportunities in Wynwood and Brickell.

Henrique was named Agentpreneur of the Year by Avanti Way and was featured in South Florida Agent Magazine. He holds the RENE® (Real Estate Negotiation Expert) and SFR® (Short Sales and Foreclosure Resource) certifications, and his clients have left him more than 200 reviews on Google.

Originally from Venezuela, Henrique understands what it takes to buy property in a new country. He guides Latin American investors and out-of-state buyers through financing, closing and every step in between, and helps local first-time buyers go from pre-qualification to keys in hand. Whether you’re buying your first home, selling, or investing in South Florida, he’s one call or message away at (954) 504-2895.

Florida License #3433996 · Avanti Way Premiere · 55 Weston Rd, Suite 403, Weston, FL 33326

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