How to Sell a House By Owner in Florida: Paperwork, Contract, and Closing

Selling your house by owner can save you the listing side of a real estate commission, which on a Florida home is often a five figure number. What you give up is everything the listing agent would have managed: the contract, the disclosures, the deadlines, and the hand off to closing. Those are legal and title tasks, and they are where for sale by owner (FSBO) deals usually go wrong. This guide walks through the paperwork, the contract, and the closing in the order they actually happen, from the real estate and title team at Kelley, Grant & Tanis.

Can You Legally Sell Your Own House in Florida?

Yes. Florida’s real estate licensing law regulates people who sell property for others in exchange for compensation. It does not apply to an owner selling their own home. You can price it, market it, show it, and negotiate directly with a buyer or the buyer’s agent.

What the law does require is the same for every seller, with or without an agent: a written contract that satisfies Florida’s statute of frauds, the disclosures covered below, a properly prepared and executed deed, and a closing that clears title and pays off any liens. An FSBO seller is responsible for making sure all of that happens.

The Paperwork to Gather Before You List

Having these documents ready before you accept an offer prevents most closing delays. Buyers, lenders, and the closing agent will ask for them.

What Florida Requires You to Disclose

Selling as is does not mean selling silent. Under the Florida Supreme Court’s 1985 decision in Johnson v. Davis, a home seller must disclose facts the seller knows about that materially affect the property’s value and that a buyer could not readily observe. That duty applies to FSBO sellers exactly as it applies to sellers with an agent, and an as is clause does not erase it.

On top of that general duty, several specific disclosures apply to Florida residential sales:

• Flood disclosure (section 689.302). A separate written form delivered at or before contract signing. For contracts on or after October 1, 2025, it covers your knowledge of flood damage during your ownership, any flood insurance claims including National Flood Insurance Program claims, and flood assistance received from any source.
• Radon (section 404.056). A statutory radon gas notice must be provided at or before contract signing. The FR/BAR contracts include it.
• Property tax disclosure (section 689.261). Warns the buyer not to rely on your current tax bill, because taxes can rise after a sale. A 2026 law updates this disclosure effective February 1, 2027.
• Lead based paint (federal law). Required for homes built before 1978.
• HOA disclosure summary (section 720.401). Required if the home is in a homeowners association.
• Condo resale documents (section 718.503). Condo buyers are entitled to the association’s governing documents and, where they exist, the milestone inspection summary and structural integrity reserve study, with a short statutory window to cancel after receiving them.
• Code enforcement. A pending code enforcement proceeding, municipal fines, or open or expired permits against the property must be disclosed to the buyer.

These disclosures are normally made through the Florida As Is contract, the title and lien search your attorney conducts, your listing itself, and other written communications between seller and buyer.

The Contract: Which Form to Use and What It Must Cover

Most Florida residential sales use one of two FR/BAR contracts, written jointly by Florida Realtors and The Florida Bar. The standard version obligates the seller to make certain repairs up to a percentage of the price. The more popular AS IS version has no repair obligation; instead, the buyer gets an inspection period (15 days if left blank) to inspect and cancel for any reason. Most FSBO sellers prefer the AS IS form because it gives them a clear point after which the buyer is committed. Our guide to the Florida As Is contract’s inspection period and deadlines covers how that works day by day.

Whichever form you use, these terms need to be filled in deliberately, not left to defaults:

• Price and deposit. The amount of each deposit, when it is due, and the escrow agent who holds it.
• Financing. Cash or loan, the loan type, and the loan approval period.
• Inspection period. Shorter favors the seller, longer favors the buyer.
• Closing date. Realistic enough to allow title work, lien searches, and any association approval.
• Who pays what. Owner’s title insurance, documentary stamps, survey, and any HOA transfer fees.
• Personal property. Appliances, fixtures, and anything else that stays or goes.
• Occupancy. Whether you need to stay after closing, and on what terms, or if the property is tenant occupied, whether the tenant will vacate before closing.

If the buyer has an agent, that agent represents the buyer, not you. The agent may present a contract already filled in. Have your own attorney review it before you sign, and decide in writing whether you are paying any part of the buyer’s agent’s fee. Do not assume that question is settled.

Escrow and the Buyer’s Deposit

The buyer’s deposit goes to the escrow agent named in the contract, typically a real estate attorney’s trust account or a title agent. Under the FR/BAR forms, the initial deposit is due within 3 days after the contract’s Effective Date if the blank is left empty. Do not accept a check made out to you personally and do not hold the money yourself. If the deal falls apart, the escrow agent’s role is to release the deposit according to the contract, which protects you from a dispute you would otherwise be in the middle of.

How the Closing Works When There Is No Agent

Once the contract is signed, the closing process is the same as any other Florida sale. Someone has to drive it. Here is the sequence:

1. Open the file. Send the signed contract to your closing attorney or title agent, who orders the title search and issues a title commitment.
2. Run lien searches. A municipal lien search checks for open permits, code liens, and unpaid utility balances. These often take two weeks or more.
3. Contact the association. If there is an HOA or condo association, the closing agent orders an estoppel certificate showing what you owe, and the buyer applies for any required approval, which can take up to 30 days.
4. Order the payoff. The closing agent requests a payoff letter from your mortgage lender.
5. Let the buyer’s deadlines run. The buyer completes inspections and financing on the contract’s timeline.
6. Review the closing statement. Check the price, payoff, tax proration, documentary stamps, and any credits before closing day.
7. Sign. You sign the deed and closing documents. If the home is your homestead and you are married, your spouse generally must sign the deed even if only your name is on title.
8. Fund and record. The deed is recorded and your proceeds are disbursed.

For a deeper comparison of who should run this process, see attorney vs. title company for a Florida closing.

What It Costs to Sell By Owner in Florida

Skipping the listing agent removes the biggest expense, but the rest of a seller’s closing costs still apply. The figures below are for a home sold for $500,000.

To see how county custom splits title insurance, read who pays for title insurance in Florida.

Frequently Asked Questions