Selling a home in Florida without an agent is legal. But it does not exempt you from the same legal requirements that apply to every residential real estate transaction in the state. Here is what you need to know.
Required Disclosures
Florida law requires sellers to disclose any known material defects that affect the property’s value. This includes structural issues, water damage, mold, roof problems, plumbing or electrical deficiencies, pest infestations, and environmental hazards. Failure to disclose a known defect can result in a lawsuit after closing — even if the sale is complete.
Florida does not require a standardized disclosure form the way some states do, but using one is strongly recommended. A comprehensive disclosure form documents what you knew and when, which protects you if a dispute arises later.
Contracts and Closing
The purchase agreement must comply with Florida contract law. Most real estate transactions in the state use the FAR/BAR (Florida Realtors / Florida Bar) contract, which has been reviewed by attorneys and covers the standard terms: financing contingencies, inspection periods, closing dates, and default remedies.
Writing your own contract or using a generic template from the internet creates risk. Missing a contingency deadline, omitting required disclosures, or mishandling earnest money can derail the transaction or expose you to liability.
Title insurance, a title search, and a closing agent (either a title company or real estate attorney) are standard requirements in Florida. The title search confirms clear ownership and identifies any liens or encumbrances that must be resolved before closing.
Bottom Line
If you are selling your own home in Florida, hiring a real estate attorney to review your contract and handle closing is the minimum level of professional support you should have. The cost is typically $500-$1,500 — significantly less than a full commission, but enough to protect you from the most common legal pitfalls.
If you want to explore whether working with a full-service broker makes financial sense for your situation, Sloan Properties can run the numbers with you. Call (407) 961-7720 for a free consultation.
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
