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Florida Real Estate Exam Practice Questions: Disclosures and Environmental Issues
4 practice questions on disclosures and environmental issues for the Florida real estate sales associate exam. Each one has the correct answer, a full explanation of why the other options are wrong, and the statute it comes from.
What this topic covers
Seller duties, hazards, lead, and radon. Questions here test what sellers and licensees must disclose, and how hazards such as lead-based paint and radon are handled.
Sources these questions cite include: § 404.056, Fla. Stat.; 42 U.S.C. § 9601; § 689.25, Fla. Stat.; § 475.278, Fla. Stat.; § 689.261, Fla. Stat.; 42 U.S.C. § 4852d.
Question 1
How long must a seller, lessor, or agent keep the signed lead-based paint disclosure acknowledgment after the sale or lease begins?
- A. One year
- B. Five years
- C. Seven years
- D. Three years
Show the answer and explanation
Correct answer: D.
The seller, lessor, and agent must retain a copy of the completed disclosure for no less than three years from the completion date of the sale or the commencement of the leasing period. A is wrong because the retention period is three years. B is wrong because the retention period is three years. C is wrong because the retention period is three years.
Source: 40 C.F.R. § 745.113(c)
Question 2
The EPA recommends that a homeowner take steps to reduce radon when a test shows a level at or above what amount?
- A. 1 picocurie per liter of air, the level at which the EPA recommends that every homeowner start to reduce radon
- B. 4 picocuries per liter of air
- C. 40 picocuries per liter of air, the level at which the EPA recommends that a homeowner start to reduce radon
- D. 400 picocuries per liter of air, the level at which the EPA recommends that a homeowner start to reduce radon
Show the answer and explanation
Correct answer: B.
EPA recommends fixing homes with radon levels at or above 4 pCi/L and notes that levels between 2 and 4 can also be considered for mitigation. Radon is measured in picocuries per liter of air. A is wrong because a level below 4 does not trigger the EPA's recommended action, though it still carries some risk. C is wrong because the action level is 4, not 40. D is wrong because the action level is 4, not 400.
Source: EPA, A Citizen's Guide to Radon; § 404.056, Fla. Stat.
Question 3
To qualify for the innocent landowner defense under CERCLA, what must a buyer of commercial property do before acquiring it?
- A. Make all appropriate inquiries into the previous ownership and uses of the property
- B. Obtain a seller's warranty that the land is free of contamination, which relieves the buyer of any later cleanup duty
- C. Wait at least ten years after the date of the contract before closing, so that any contamination can be detected
- D. Record a notice of non-liability with the county before closing so that the public record shows the buyer's defense
Show the answer and explanation
Correct answer: A.
A buyer who did not know and had no reason to know of contamination can claim the defense only after conducting all appropriate inquiries into the property's past ownership and uses before acquiring it, usually through a Phase I environmental site assessment. B is wrong because a warranty from the seller does not satisfy the statute. C is wrong because the law sets no waiting period. D is wrong because recording a notice does not create the defense.
Source: 42 U.S.C. § 9601(35), § 9607(b)(3); 40 C.F.R. part 312
Question 4
Under the Florida Supreme Court's decision in Johnson v. Davis, what duty does the seller of a residence have to a buyer?
- A. To disclose only defects that the seller's own inspector has put in writing, since the seller owes nothing beyond what an inspector reports.
- B. To disclose facts the seller knows that materially affect the property's value, that are not readily observable, and that the buyer does not know
- C. To disclose every fact about the property, including defects that are plainly visible and facts that the buyer could see for himself.
- D. None, because the doctrine of caveat emptor bars any claim by a buyer against the seller of a residence in Florida.
Show the answer and explanation
Correct answer: B.
In Johnson v. Davis the court held that a seller of a home who knows of facts that materially affect its value, that are not readily observable, and that are not known to the buyer must disclose them. The buyer need not be told about what a reasonable inspection would reveal. A is wrong because the duty rests on what the seller knows, not on whether a report exists. C is wrong because there is no duty to disclose what is readily observable to the buyer. D is wrong because Johnson v. Davis limited caveat emptor in residential sales.
Source: Johnson v. Davis, 480 So. 2d 625 (Fla. 1985)
Want more on this topic?
The full Prep475 kit has 15 questions on disclosures and environmental issues, all with the same statute-cited explanations, plus a timed 100-question exam simulation.
Independent study aid, not legal advice. Not affiliated with or endorsed by the Florida Real Estate Commission, the DBPR, or Pearson VUE. Questions are original practice questions, not actual exam questions. Statutes, rules, and exam details change; always confirm against current Florida law and your pre-licensing course materials.
Last reviewed October 20, 2026.