State guide

Buying or Selling a Home in Florida: What You Need to Know

Florida is a non-attorney closing state where licensed title companies typically handle the closing, and there is no statutory seller disclosure form—instead, the 1985 Johnson v.

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TL;DR

Florida is a non-attorney closing state where licensed title companies typically handle the closing, and there is no statutory seller disclosure form—instead, the 1985 Johnson v. Davis case creates a duty to disclose known material defects. The state recognizes only three brokerage relationships (transaction broker, single agent, or no brokerage), so traditional dual agency is not allowed. Florida's homeowners insurance market is volatile and hurricane and flood risk are high, so buyers should expect new mandatory flood disclosures (effective October 1, 2024) and confirm real insurance quotes before committing to a price.

10 things every Florida buyer or seller should know

  • Florida has no state-mandated seller disclosure form. Instead, the 1985 Florida Supreme Court case Johnson v. Davis requires sellers to disclose any fact they actually know about that materially affects the home's value and is not readily observable by the buyer.

  • Effective October 1, 2024, F.S. §689.302 requires sellers of Florida residential property to give the buyer a flood disclosure addendum before or at contract signing, indicating whether the home has ever flooded, had flood insurance claims, received FEMA flood assistance, or sits in a flood zone.

  • Every Florida real estate purchase contract must contain a statutory radon gas warning under F.S. §404.056. The exact (or substantially similar) statutory language must appear in the written contract—a verbal mention is not enough.

  • Florida is not an attorney-closing state. Real estate closings are routinely handled by licensed title companies and title insurance agents regulated under F.S. Chapter 626, and no lawyer is required to be present.

  • Under F.S. §475.278, Florida recognizes only three brokerage relationships—transaction broker (the legal default), single agent, and no brokerage relationship. Traditional dual agency, where one agent fully represents both buyer and seller, is not allowed in Florida.

  • If a Florida home is part of a homeowners association, F.S. §720.401 gives the buyer three business days after receiving the full HOA disclosure package (summary, governing documents, financials, and assessments) to cancel the contract for any reason with their deposit returned.

  • When buying a resale condo in Florida, F.S. §718.503 gives the buyer three business days after receiving the full condo disclosure package—including the declaration, bylaws, financials, Q&A sheet, and any milestone inspection report for buildings three stories or higher under F.S. §553.899—to cancel without penalty.

  • Florida has no state income tax, so there is no state-level withholding at closing for domestic sellers. However, federal FIRPTA still applies if the seller is a 'foreign person'—the buyer must withhold 15% of the gross sales price for the IRS unless a statutory exemption applies.

  • Under F.S. §553.996, a seller of an existing single-family residential building in Florida must give the buyer the DBPR's 'Florida Building Energy-Efficiency Rating System' brochure before the buyer is obligated under any purchase contract.

  • Florida's homeowners insurance market is unusually volatile. Citizens Property Insurance Corporation, the state-backed insurer of last resort, is now the largest homeowner insurer in the state, and coastal premiums have jumped 30–80% in a single renewal cycle—so insurability and premium quotes are material to most Florida transactions.

The guides

Common questions

Do I need a lawyer to close on a home in Florida?
No. Florida is a non-attorney closing state, meaning licensed title companies and title insurance agents routinely handle real estate closings without a lawyer present. The title company prepares the closing documents, runs the title search, issues title insurance, disburses funds, and records the deed. You can hire a real estate attorney if you want extra review, but Florida law does not require it.
What does a Florida seller legally have to disclose about the home?
Florida has no state-mandated seller disclosure form, but the 1985 Johnson v. Davis case requires the seller to disclose any fact they actually know about that materially affects the value of the property and is not readily observable by the buyer. That includes things like prior flooding, sinkhole activity, and unpermitted work. Most sellers use the Florida REALTORS Seller's Property Disclosure form to put this in writing.
Do I have to sign an agreement with my agent before they can show me a home?
Yes, if your agent participates in a MLS (Multiple Listing Service). Under the NAR (National Association of REALTORS) settlement that took effect August 17, 2024, MLS rules require a written buyer broker agreement before an agent tours any home with you. The agreement must spell out the compensation your agent will seek and state that the rate is not set by any MLS rule.
Why does everyone talk so much about insurance when buying in Florida?
Florida's homeowners insurance market is unusually unstable—more than a dozen private insurers exited the state between 2021 and 2024, and premiums in coastal areas have jumped 30–80% in a single renewal cycle. Citizens Property Insurance Corporation, the state-backed insurer of last resort, is now the largest homeowner insurer in Florida. Get a real insurance quote on the specific property before you finalize a purchase price, because the premium can change what you can actually afford.
As a Florida seller, will I owe state income tax on my home sale?
No—Florida has no state income tax, so there is no state-level withholding at closing for domestic sellers. However, federal FIRPTA still applies if you are classified as a 'foreign person' (such as a nonresident alien or foreign corporation), and in that case the buyer must withhold 15% of the gross sales price and remit it to the IRS unless a statutory exemption applies.
What documents do I have to give the buyer if my home is in an HOA or a condo?
If your home is in an HOA, F.S. §720.401 requires you to provide a disclosure summary, the recorded governing documents, the most recent year-end financial report, and current and special assessments. For a resale condo, F.S. §718.503 requires the declaration, articles, bylaws, rules, financial report, association Q&A sheet, and any milestone inspection report for buildings three stories or higher. After the buyer receives the complete package, they have three business days to cancel for any reason.
Does Florida allow dual agency?
Not in the traditional sense. Under F.S. §475.278, Florida recognizes only three brokerage relationships—transaction broker (the default), single agent, and no brokerage relationship. A Florida licensee can work with both buyer and seller in a transaction, but only as a transaction broker with limited duties, never as a fully fiduciary single agent for both sides at the same time.
What is Florida's new flood disclosure rule?
Effective October 1, 2024, F.S. §689.302 requires sellers of Florida residential property to provide a flood disclosure addendum before or at the time the contract is signed. The form asks the seller to indicate whether the home has ever flooded, whether flood insurance claims have been filed, whether the property received FEMA flood assistance, and whether it sits in a designated flood zone. Buyers should review it carefully because it affects insurance costs and future resale value.

Glossary

2 terms
NAR — National Association of Realtors
The national trade group for real-estate agents. The 2024 NAR settlement is the legal deal that changed how buyer's agents get paid.
MLS — Multiple Listing Service
The shared database agents use to list and find homes for sale. Most homes you'll see online started here.