Hidden Defects & Johnson v. Davis Claims in Florida

Protecting Buyers from Concealed Construction Defects
St. Augustine Construction Litigation Attorneys | St. Johns Law Group

Bought a home in Florida and discovered problems the seller didn’t disclose? You may have a legal claim under Johnson v. Davis, Florida’s landmark case on hidden defects. At St. Johns Law Group, our construction and real estate attorneys help buyers pursue claims when sellers fail to disclose known issues like roof leaks, mold, drainage problems, or faulty systems.

12 Attorneys and 265+ Years of Combined Experience

What Are Hidden Defects in Real Estate?

Hidden defects—also known as latent defects—are construction or property issues that are not visible or discoverable by a reasonable inspection at the time of purchase. These may include:

• Faulty roofing or structural framing

• Undisclosed plumbing or electrical defects

• HVAC systems with known problems

• Water intrusion behind walls or under flooring

• Mold or drainage issues hidden by recent repairs or cosmetic work

• Termites

• Prior Flooding

In Florida, sellers—and sometimes even contractors or developers—can be held legally responsible for failing to disclose such issues before closing.

What Is a Johnson v. Davis Claim?

In Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), the Florida Supreme Court established a key rule:

“Where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them.”

This landmark case created a duty for sellers to affirmatively disclose known hidden defects in residential real estate transactions. If they don’t, the buyer may have a legal claim for misrepresentation, fraud, or breach of duty.

Common Scenarios Involving Johnson v. Davis

• A seller paints over water damage without disclosing past leaks.

• A developer is aware of grading problems but sells lots without disclosing flooding risks.

• A contractor conceals faulty installation of stucco or roofing materials.

• A seller fails to disclose non-functioning or hazardous systems (HVAC, electrical).

• Hurricanes have repeatedly flooded the home but there is no disclosure.

If a buyer later discovers a material defect that was known but not disclosed, they may be entitled to damages—or even rescission of the sale.

Rescission is a cause of action to rescind or undue the contract and/or closing. 

How St. Johns Law Group Helps in Hidden Defect Disputes

Our construction litigation attorneys represent buyers, sellers, and contractors in disputes involving hidden defects and Johnson v. Davis claims. We provide legal representation in:

• Real estate misrepresentation claims

• Construction defect litigation

• Disclosure disputes in residential sales

• Contractor and developer fraud

• Mediation or litigation of post-sale disputes

Whether you are a homebuyer dealing with costly repair issues or a seller accused of nondisclosure, our legal team has the experience to protect your rights.

Elements of a Johnson v. Davis Claim

To succeed in a Johnson v. Davis-based claim, the buyer must generally prove:

1. Materiality – The defect significantly affects the property’s value or habitability.

2. Seller Knowledge – The seller knew (or should have known) about the issue.

3. Concealment – The defect was not readily visible or obvious to a reasonable buyer.

4. Nondisclosure – The seller failed to disclose the issue before closing.

5. Damages – The buyer suffered financial loss as a result.

Related Legal Actions

Depending on the facts, a claim involving hidden defects may also include:

• Fraudulent misrepresentation

• Negligent misrepresentation

• Violation of Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA)

• Breach of contract or warranty

• Construction negligence or code violations

We evaluate all available causes of action to pursue maximum recovery or provide a robust defense.

Inspection Limitations Are Not a Defense

Sellers often claim, “You should have found it during inspection.” But under Florida law, a general home inspection does not eliminate the seller’s duty to disclose material latent defects. If the defect was concealed or misrepresented, the buyer may still have a viable claim—even if they had an inspection.

“AS-IS” Residential Contracts

The duty of seller disclosure applies regardless of whether the property is sold “as is” if the property is residential.  Florida Courts have consistently held that As-Is clauses cannot be relied upon to bar claims for fraudulent nondisclosure or misrepresentation in residential real estate transactions.

Serving St. Augustine, Ponte Vedra, Nocatee, Palm Coast & Northeast Florida

St. Johns Law Group represents clients throughout Northeast Florida in real estate and construction-related disputes, including:

• St. Augustine

• St. Augustine Beach

• Ponte Vedra

• Ponte Vedra Beach

• Nocatee

• Palm Coast

• Flagler County

• St. Johns County

• Duval County

• Clay County

📞 Contact Our Construction Litigation Attorneys Today

If you’ve discovered a hidden defect in a recently purchased home—or if you are facing accusations of nondisclosure—we are here to help.  Let the experienced team at St. Johns Law Group guide you through your options.

Call 📞 (904) 495-0400
Email ✉️ info@sjlawgroup.com
Visit 🌐 www.sjlawgroup.com