Johnson v. Davis: Florida’s Disclosure Rule and Construction Defect Liability
What Is Johnson v. Davis?
In Johnson v. Davis, the Florida Supreme Court held that a seller of residential property must disclose facts materially affecting the value of the property that are not readily observable and are not known to the buyer. This ruling created a clear exception to the traditional “buyer beware” rule.
While the case involved a residential real estate transaction, its impact extends into construction defect disputes—particularly when defects are concealed, minimized, or undisclosed.
Understanding Latent Defects
A latent defect is a defect that is not readily observable or discoverable through a reasonable inspection. In construction defect cases, latent defects often include:
- Water intrusion behind walls or under flooring
- Structural deficiencies concealed by finishes
- Improper drainage or grading
- Defective roofing or flashing systems
These defects may remain hidden for years before causing visible damage, often long after construction or a sale has occurred.
How Johnson v. Davis Impacts Construction Defect Claims
When construction defects are known but not disclosed during a sale, liability may extend beyond typical defect claims. Johnson v. Davis allows buyers to pursue legal remedies when sellers fail to disclose known latent defects that materially affect property value.
This can complicate construction defect disputes by introducing claims related to misrepresentation, nondisclosure, or fraudulent concealment—particularly when sellers were also involved in construction, renovation, or development of the property.
Disclosure Obligations and Builder-Sellers
Disclosure obligations may be heightened when the seller has specialized knowledge of the property, such as builders, developers, or contractors who participated in construction or repairs. Courts may scrutinize what the seller knew—or should have known—about potential defects.
In these situations, failure to disclose construction-related issues may expose sellers to claims beyond standard warranty or contract disputes.
Intersection with Florida Construction Defect Procedures
Construction defect claims in Florida are subject to specific pre-suit notice and repair requirements. However, claims based on nondisclosure under Johnson v. Davis may follow a different procedural path.
This intersection can create complex disputes involving:
- Timing of defect discovery
- Pre-suit notice compliance
- Statute of limitations issues
- Multiple responsible parties
Common Scenarios Leading to Disputes
Johnson v. Davis issues frequently arise in construction-related disputes involving:
- Homes sold shortly after construction or renovation
- Repeated repairs that fail to resolve underlying defects
- Water intrusion or mold discovered post-closing
- Structural problems masked by cosmetic fixes
Why Early Legal Guidance Matters
Construction defect disputes involving disclosure issues often require careful analysis of contracts, inspection reports, repair records, and communications. Early legal guidance can help determine whether a claim arises from construction defects, nondisclosure obligations, or both.
For a broader overview of defect-related disputes, visit our Florida Construction Defect Claims & Disputes page.
Related Construction Law Resources
Contact St. Johns Law Group to discuss potential legal options.