FSBO GUIDE

Florida FSBO Paperwork: Every Document You Need to Sell Your Home

One of the biggest concerns for Florida FSBO sellers is the paperwork. The good news: Florida has standardized real estate forms that simplify the process. Here's every document you need from listing to closing — what it is, where to get it, and when you need it.

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Before You List: Disclosure Documents

Required before or at contract: (1) Florida Seller's Disclosure form — discloses all known material defects. Available from the Florida Association of Realtors or as part of your flat fee MLS package. (2) Lead-Based Paint Disclosure — required for all homes built before 1978 (federal law). (3) HOA Disclosure — if the property is subject to an HOA or condo association, Florida law requires disclosure and an estoppel letter from the HOA. (4) Radon Gas Disclosure — Florida requires sellers to disclose the potential presence of radon and the right to test.

The Purchase Contract

The Florida FAR/BAR contract (As-Is or Standard version) is the universal purchase agreement for Florida residential sales. It covers: purchase price, deposit, financing contingency, inspection period, closing date, and standard terms. Available from Florida Association of Realtors or real estate attorneys. When a buyer agent submits an offer, they'll typically use this form. For buyer offers not using the FAR/BAR, have a real estate attorney review before signing. Never use a generic or out-of-state contract for a Florida sale.

Closing Documents

Your title company prepares closing documents: (1) Deed (General or Special Warranty Deed) — prepared by the title company; you sign at closing. (2) Closing Disclosure (CD) — shows all costs, credits, and net proceeds. (3) FIRPTA Affidavit — certifies you're not a foreign national (required for all U.S. real estate sales). (4) Title Commitment and final title policy — from the title company. (5) Settlement Statement (HUD-1 or ALTA form) — breakdown of all funds. (6) Any payoff letters for mortgages or liens. The title company handles all closing document preparation; you just need to review and sign.

FREQUENTLY ASKED QUESTIONS

Common Questions

Where do I get the Florida FAR/BAR purchase contract?

The official FAR/BAR contracts are available from the Florida Association of Realtors (for licensed agents), real estate attorneys, or through form preparation services. Flat Fee MLS Sells' Full-Service package includes contract review. For Basic/Premium sellers, a $200–$500 attorney contract review is recommended.

Do I need a real estate attorney for a Florida FSBO?

Not legally required, but highly recommended for contract review and negotiation guidance. Florida closing attorneys typically charge $300–$600 and provide significant protection. They can review offers, identify red flags, and advise on counter-offers.

Who prepares the deed in a Florida FSBO sale?

The title company prepares the deed as part of the closing process. You don't need to prepare the deed yourself. Select a licensed Florida title company early in the process — they coordinate all closing documents, the title search, and final disbursements.

What happens if I miss a required disclosure in Florida?

Missing required disclosures creates post-closing liability. Florida courts can award damages, rescission of the sale, and attorney's fees when sellers fail to disclose material defects or required statutory information. Complete all disclosures before executing a contract.

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