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.

In practice, FSBO sales come with trade-offs that most homeowners do not anticipate until they are deep into the process.

The Real Challenges of Selling Without an Agent

Pricing accuracy. The number one risk for FSBO sellers is mispricing. Without access to MLS data and local market expertise, FSBO homes are frequently overpriced (leading to months on market) or underpriced (leaving money on the table). According to the National Association of Realtors, FSBO homes sold for a median of $310,000 in 2023, compared to $405,000 for agent-assisted sales.

Legal exposure. Florida requires specific disclosures in every residential real estate transaction. Missing a required disclosure, using an outdated contract, or failing to comply with inspection timelines can expose you to lawsuits after closing.

Marketing reach. FSBO listings on Zillow and Craigslist reach a fraction of the audience that MLS syndication provides. MLS feeds to Zillow, Realtor.com, Redfin, and hundreds of other platforms simultaneously, plus puts your home in front of every buyer agent in the market.

Negotiation and transaction management. Buyer agents are trained negotiators representing their client’s interests. Without your own representation, you are negotiating against a professional. Inspection objections, appraisal gaps, title issues, and closing coordination all require experience to handle efficiently.

When FSBO Makes Sense

Selling to a family member, neighbor, or someone you already know eliminates the marketing challenge. In those cases, hiring a real estate attorney to handle the contract and closing — rather than a full-service broker — can be the most cost-effective approach.

For market-rate sales to unknown buyers, the data consistently shows that agent-assisted sales net more even after commission. If you are considering selling your Central Florida home and want to understand your options, Sloan Properties offers a free market analysis with no obligation. Call (407) 961-7720.

This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.