The Florida Supreme Court’s failure to abandon the caveat emptor doctrine and impose a duty to disclose on the sellers and lessors in commercial real property sales and leases is harmful to prospective purchasers and lessees. Holding property purchasers and lessees to a different standard depending on the land use categorization of the property harms these parties by affording them less protection, and doing so is not grounded in any legitimate justification. First, this Article examines two principal cases that established the status quo for caveat emptor and the disclosure duty in real property transactions: Johnson v. Davis and Futura Realty v. Lone Star Building Centers, Inc. Second, this Article discusses Haskell Co. v. Lane Co.—highlighting the problems that the inconsistent standard poses—and analyzes Agrobin, Inc. v. Botanica Development Associates, Inc.—a case which further muddied the waters because the court’s holding was divorced from Johnson and Futura precedents. Finally, this Article proposes a solution by examining the Johnson nondisclosure action and arguing that the Florida Legislature should provide a broad definition for nondisclosure, and apply this standard to both residential and commercial real estate leases and sales. Alternatively, it argues that if the Florida Legislature does not eradicate the caveat emptor doctrine in commercial property sales and leases, lawmakers should at least establish a bright line rule for distinguishing between residential real property and commercial property.