Selling a House by Owner in Florida

What the law allows and what you still have to do yourself

An owner can market, show, negotiate and sign a contract for their own home. No license is needed for that. What you give up is the person who usually handles the paperwork chain: pricing research, the offer and counteroffer, inspection negotiations, the title order, and keeping every deadline in the contract.

Florida does not require an attorney at closing. Most sales close through a title company, which runs the title search, collects the payoff from your lender, prepares the closing statement and records the deed. Some owners hire a real estate attorney instead, or hire one only to review the contract. Either way, the closing agent works for the transaction, so they will not advise you on price or strategy.

If you are a foreign seller or a Canadian, FIRPTA withholding applies at closing whether or not an agent is involved, so tell the title company early.

Pricing without an agent: read the market as it is now

Overpricing is the most common FSBO mistake, and the current data makes it easy to do. Zillow's statewide index peaked at $403,220 in June 2024 and now sits at $375,361, about 6.9% lower. Florida condos fell harder: the condo index is down 16.3% from its December 2023 peak and 3.9% in the last year. A neighbor's 2024 sale price is often a ceiling today.

Statewide numbers only frame the picture. County values run from $166,734 in Calhoun to $962,885 in Monroe, and prices can swing just as much inside one zip code. To price your own house:

• Pull closed sales from the last three to six months within a mile, same property type, similar size and age.
• Look at pending sales and how long active listings have been sitting. A listing at 90+ days is telling you where buyers said no.
• Adjust for the things Florida buyers pay for: roof age, impact windows or shutters, pool, flood zone and HOA fees.
• Consider paying for an appraisal before listing. It gives you a number a buyer's lender is likely to respect.

Getting buyers in the door, and how buyer agents fit in now

Most buyers search online, and most listing traffic comes from the MLS feed. A flat-fee MLS service puts your home on the MLS through a licensed broker for a set fee, without full service. Yard signs, online FSBO portals and an open house fill in the rest.

Many buyers will still show up with their own agent. Since the NAR settlement took effect on August 17, 2024, buyers sign a written agreement with their agent, and offers of buyer-agent compensation no longer appear on the MLS. You decide whether to offer compensation or a concession, and the amount is negotiable. Expect some offers to ask you to cover part or all of the buyer's agent fee. Compare offers on what you actually net.

For showings, ask for an agent's name and brokerage or a buyer's pre-approval letter before you open the door, and lock away medications, jewelry and paperwork.

The FSBO contract in Florida and the blanks that matter

Most Florida residential sales use one of two forms written jointly by Florida Realtors and The Florida Bar: the standard residential contract or the AS IS version. Under the AS IS form, the seller has no repair obligation, and the buyer can inspect and walk away during the inspection period. Under the standard form, the seller agrees to repair certain items up to a cap. A real estate attorney can also draft or review a contract for you, which is money well spent on a first FSBO sale.

Whatever form you use, these are the fields that decide your risk:

• Deposit and escrow agent. The amount, the deadline to deliver it, and who holds it (usually the title company).
• Inspection period. How many days the buyer can cancel for any reason. Shorter is better for you.
• Financing contingency. Loan type, loan approval deadline, and whether an appraisal shortfall lets the buyer out.
• Closing date and possession. Including what happens if the buyer's lender is late.
• Title and closing costs. Who chooses the title company and who pays for the owner's title policy. That follows county custom and what you negotiate.

Notices a Florida seller has to give, agent or no agent

Selling by owner does not change your disclosure duty. Florida sellers must disclose known facts that materially affect value and are not readily observable (Johnson v. Davis, 1985). On top of that, several written notices are required or expected:

• Flood disclosure. Since October 1, 2025, residential sellers must disclose known flood damage during their ownership, flood insurance claims and federal flood assistance, at or before signing.
• Radon notice. Required statutory wording in the contract. The standard forms already include it.
• Property tax disclosure. Tells the buyer that your tax bill will not carry over, since the assessment resets after a sale.
• Lead-based paint. For homes built before 1978, a federal disclosure form and pamphlet.
• HOA or condo documents. An HOA disclosure summary, or the condo association documents, which give the buyer a review and cancellation window.
• CDD notice if the home is in a Community Development District.

Fill out a written seller's property disclosure even though no single state form is mandatory. A signed record of what you told the buyer is your best protection later.

Closing, prorations and your net

Once the contract is signed, send it to your title company. They order the title search, municipal lien search and your mortgage payoff, and request the estoppel letter from any association. Your share of the costs typically includes:

• Deed doc stamps at $0.70 per $100 of price ($0.60 in Miami-Dade, with a surtax on property other than single-family homes). On $375,361 that is $2,627.53.
• Owner's title policy in counties where the seller customarily pays. The premium is a state-set rate.
• Property tax proration. Florida taxes are paid in arrears, so you credit the buyer for your share of the current year up to closing day.
• Estoppel fees, often assigned to the seller by contract.
• Any buyer-agent compensation or concessions you agreed to, plus repair credits from the inspection.

If you are buying another Florida home, homestead portability lets you carry up to $500,000 of your Save Our Homes benefit to a new homestead bought within three years.

Where owner sales usually go wrong

Owner sales rarely fail at the closing table. They fail earlier: a price set off 2024 comps that sits for months, an accepted offer from a buyer who was never really approved, an inspection period with no end date, or a deposit that never arrived and nobody noticed. Track every date in the contract on a calendar the day it is signed. Ask for a pre-approval letter with a loan officer's name and phone number, and call to confirm it. If the buyer requests repairs, answer in writing before the inspection period ends. This isn't legal or tax advice, and a short attorney review is cheap compared to a contract dispute.