Updated October 2026. For Florida owners selling without a listing agent who need a sound purchase contract.
A Florida for sale by owner contract is a written purchase agreement signed by you and the buyer. It sets the price, deposit, financing, inspection period and closing date. Florida adds rules: a radon notice, a flood disclosure, and a duty to disclose known defects that affect value. Deed stamps cost $0.70 per $100 of price, so $2,800 on a $400,000 home.
Jump to: 🪜 What goes in it · 📍 Florida disclosures · 💲 Costs · 🤝 Owner financing · ❓ FAQ
Key takeaways
- Most Florida sales use a standard form, often the “AS IS” version, rather than a contract written from scratch.
- Florida law requires a radon gas notice and a flood disclosure at or before signing. Homes built before 1978 also need a lead paint disclosure.
- Since Johnson v. Davis (1985), Florida home sellers must disclose known defects that materially affect value and aren’t easy to see.
- Documentary stamp tax on the deed is $0.70 per $100 ($0.60 in Miami-Dade for a single-family home).
In Florida, the buyer usually writes the first offer on a standard form, and you accept, counter or decline. Here’s what to check in that contract, what Florida requires, and what it costs.
Who writes the contract in a Florida FSBO sale?
Usually the buyer or the buyer’s agent fills out the offer, and you respond. If the buyer has no agent, either side can start from a standard Florida form. A Florida real estate attorney or the title company can review it.
Use a well-known standard form rather than a template from a random website. Standard forms cover Florida-specific items, like the radon notice and how the deposit is held. If you change the wording, have an attorney look at it first.
You don’t have to do the paperwork alone. For general legal background, the Nolo site explains contract basics in plain English. Our list of paperwork to sell your home without an agent covers the rest of the file.
What goes into a Florida FSBO purchase contract?
| Term | What to check |
|---|---|
| Price and deposit | The amount, when it’s due, and who holds it (a title company or attorney as escrow agent). |
| Financing | Cash or loan, the loan type, and how many days the buyer has to get approval. |
| Appraisal | What happens if the appraisal comes in low: renegotiate, buyer pays the gap, or cancel. |
| Inspection period | How many days the buyer has to inspect, and whether they can cancel during it. |
| Title and closing | Who picks the title company, who pays title insurance, and the closing date. |
| What conveys | Appliances, fixtures, window treatments and anything else that stays. |
| Default | What happens to the deposit if either side backs out without a contract reason. |
The “AS IS” version
Many Florida sellers prefer an “AS IS” contract. The buyer can still inspect and cancel during the inspection period, but you aren’t agreeing to make repairs. It doesn’t remove your duty to disclose known defects. If you plan to sell as-is, read our guide to selling a home as-is.
Counteroffers
You can change any term and send it back. Keep every version in writing, with dates and both signatures on the final one. A verbal “yes” isn’t a contract for real estate.
What must a Florida seller disclose?
Known defects
Florida courts require home sellers to disclose facts they know that materially affect the value of the property and that the buyer can’t readily see. This duty comes from Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), as summarized in a 2025 Florida Senate bill analysis. Think roof leaks, foundation problems or past flooding.
Radon gas notice
Under section 404.056, Florida Statutes, a radon notice must appear on at least one document signed at or before the contract. Standard Florida forms include it.
Flood disclosure
Section 689.302, Florida Statutes says a seller of residential property must give the buyer a flood disclosure at or before the contract is signed. It asks whether you know of flooding that damaged the home while you owned it, and whether you filed a flood claim or got FEMA help.
Lead-based paint
For most homes built before 1978, federal law requires a lead paint disclosure and pamphlet before the buyer signs, per the EPA.
HOA or condo documents
If the home is in an HOA or a condo, Florida law adds its own disclosure and document rules. Ask your association for the current documents early. Our guide to seller disclosures explains what to gather.
What does it cost to close a Florida FSBO sale?
Without a listing agent, you skip the listing commission. You still have closing costs. The big Florida one is documentary stamp tax on the deed.
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Buy a home →| Cost | Florida rate | On a $400,000 sale |
|---|---|---|
| Doc stamps on the deed | $0.70 per $100 | $2,800 |
| Doc stamps in Miami-Dade (single-family) | $0.60 per $100 | $2,400 |
| Beycome Title settlement fee | $99 when prepaid on beycome.com | $99 |
| Title insurance, recording, prorated taxes | Varies | Ask your title company |
Rates are from the Florida Department of Revenue, read October 22, 2026. In Miami-Dade, a 45-cent surtax applies to transfers that aren’t only a single-family home. The contract says who pays each item, so read those lines closely.
Taxes on the sale itself are separate. The closing agent usually reports the sale to the IRS, and many owners can exclude some or all of the gain on a main home. More in who pays closing costs when selling.
How does an owner financing contract work in Florida?
With owner financing, you act as the lender. The buyer signs a promissory note and a mortgage to you at closing, and pays you monthly. The purchase contract should spell out the down payment, rate, term, monthly payment and what happens on default.
Florida taxes the note too. The Department of Revenue says promissory notes carry documentary stamp tax of 35 cents per $100, capped at $2,450. Have a Florida real estate attorney draft the note and mortgage, and close through a title company so everything is recorded.
What are common Florida FSBO contract mistakes?
- Leaving the inspection or financing deadlines blank or vague.
- Holding the buyer’s deposit yourself instead of using an escrow agent.
- Skipping the flood disclosure or radon notice.
- Agreeing to repairs in an “AS IS” deal without writing them down.
- Not deciding who pays doc stamps, title insurance and HOA fees.
How does Beycome help with a Florida FSBO sale?
With a Beycome flat fee MLS listing, your home goes on the Florida MLS for $99 with $0 at closing. You get state forms in your dashboard, an offer dashboard with e-signature, and the Artur AI assistant for help with offers.
For the closing, Beycome Title is a Florida title company that handles FSBO closings, with a $99 settlement fee when prepaid on beycome.com. It can hold the deposit, run the title search and record the deed.
Want help from people? Concierge is offered at $999 (list price $1,399), $0 at closing; experts negotiate for you and you stay in control. Timing your sale? See the best time to sell a house in Florida.
Frequently asked questions
Do I need a lawyer to sell my house by owner in Florida?
No, Florida doesn’t require one. Many FSBO sellers still pay an attorney to review the contract, and a title company handles the closing.
What contract is used for FSBO in Florida?
Usually a standard Florida purchase form, in a regular or “AS IS” version. Custom wording is possible, but an attorney should review it.
What disclosures are required when selling a house in Florida?
Known defects that affect value, a radon gas notice, a flood disclosure under s. 689.302, and lead paint for most pre-1978 homes. HOA and condo sales add their own documents.
How much are doc stamps on a Florida home sale?
$0.70 per $100 of the price, or $2,800 on $400,000. In Miami-Dade it’s $0.60 per $100 for a single-family home.
Can I use any title company for a Florida FSBO closing?
Yes, the contract names who picks it. Beycome Title closes Florida FSBO sales with a $99 settlement fee when prepaid on beycome.com.
Does an “AS IS” contract mean I don’t have to disclose?
No. In a Florida home sale, “AS IS” limits repair obligations. It doesn’t remove your duty to disclose known defects that affect value.
Prices and rates as of October 2026 and subject to change. “$0 at closing” means no Beycome fee at closing; doc stamps, title insurance, recording fees, prorated taxes and any agreed buyer-agent compensation still apply. Beycome Title operates in Florida and Texas today, and Michigan, Ohio, Illinois and Indiana starting November 1, 2026; the $99 Florida settlement fee applies when prepaid on beycome.com. Basic and Enhanced get offer help from the Artur AI assistant, not a person. Concierge list price $1,399, offered at $999 for a limited time. General information, not legal or tax advice; have a Florida attorney review your contract.
Sources
- Florida Department of Revenue, documentary stamp tax, read October 22, 2026.
- Section 689.302, Florida Statutes, flood disclosure.
- Section 404.056, Florida Statutes, radon notice.
- Florida Senate bill analysis, 2025, citing Johnson v. Davis.
- EPA, real estate lead disclosures.
- Beycome Title, settlement fees, October 2026.
- Beycome, listing package features, October 2026.
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