Selling your Florida home without a real estate agent can save on commission — but it also means the legal responsibilities normally handled by an agent now fall on you. Here’s what a For Sale By Owner (FSBO) seller needs to get right.
The purchase contract
Without an agent, no one is drafting the contract for you. The purchase and sale agreement controls the price, deadlines, contingencies, deposit, and what happens if the deal falls apart. A weak or missing term here is where FSBO sellers get hurt — this is the single most valuable place to have an attorney involved.
Required disclosures
Florida law requires sellers to disclose known facts that materially affect the property’s value and aren’t readily observable. Skipping or fumbling disclosures is a common source of post-closing disputes and liability.
- Known material defects
- HOA/condo membership, fees, and estoppel information where applicable
- Other disclosures that apply to your specific property
Handling the deposit and escrow
The buyer’s earnest-money deposit needs to be held properly — typically by a title company or attorney acting as escrow agent, not by the seller directly. Mishandling escrow creates real risk.
You can absolutely sell FSBO in Florida. The trick is covering the legal pieces an agent normally would — the contract, the disclosures, and the closing.
Getting to closing
Title has to be examined, the deed prepared, the settlement statement checked, and funds and recording handled correctly. As your closing attorney, we can manage the legal and title side of your FSBO sale from contract to recording — so you capture the savings without taking on the risk.