What do I have to disclose when selling a home in Florida?

Florida Statute 689.261 requires sellers to disclose all known facts materially affecting the value of the property that are not readily observable by the buyer. This includes: known structural defects, roof issues, water intrusion history, HVAC condition issues, electrical deficiencies, plumbing problems, history of sinkholes, pending assessments (HOA or CDD), boundary disputes, and any other condition that a reasonable buyer would consider material. You are NOT required to disclose facts observable by a competent inspection or information in the public record. The safest approach: if you know about it and it could affect value, disclose it. Concealing known material defects can result in post-closing litigation.

Do I need a real estate agent to sell a home in Florida?

You can sell FSBO (for sale by owner) in Florida without an agent, but the practical challenges are significant: access to MLS (the primary buyer marketing channel), offer and contract negotiation, AS IS contract form familiarity, coordination with title companies and lenders, and managing inspection period deadlines. Most FSBO sellers either accept lower prices (buyers' agents factor in the lack of buyer commission when evaluating unrepresented sellers) or return to agent representation when the process becomes complex. MaxLife Realty's 1% listing commission eliminates most of the cost reason to go FSBO while providing full professional representation.

How long does it take to sell a home in Florida?

From accepted offer to closing: 30–45 days for financed buyers (appraisal and underwriting requirements), 14–21 days for cash buyers. From list to accepted offer: 10–30 days for correctly priced homes in good condition in active markets; 60–90+ days for overpriced homes or homes in need of significant repairs. Total time from decision to sell to keys handed over: typically 60–90 days if preparation is efficient and pricing is accurate. Sellers who spend 3–4 weeks on proper preparation before listing typically sell faster than sellers who list immediately without prep.

What closing costs do sellers pay in Florida?

Florida seller closing costs typically include: real estate commission (1% with MaxLife Realty vs 2.5–3% traditional), documentary stamp tax on deed (0.70% of sale price — required by Florida law), owner's title insurance policy (buyer's lender requires it — typically $1,500–$3,000), prorated property taxes through the closing date, HOA estoppel certificate fees ($100–$250), any agreed repair credits or concessions, and settlement/closing fees ($500–$1,000). Total seller closing costs excluding commission typically run 1.5–2.5% of sale price. Combined with a 1% commission, sellers typically pay 2.5–3.5% total — versus 5–6% with traditional commission.

Complete Seller's Guide: How to Sell Your Florida Home in 2026

Selling a home in Florida is different from selling in most other states — the AS IS contract, documentary stamp taxes, homestead exemption complications, and the state's unique disclosure requirements all have Florida-specific answers.

This guide covers the complete process for Florida sellers in 2026.

Step 1: Decide whether you're ready to sell

Before any other decision, confirm the financial case:

What you owe vs what you'll net: Pull your mortgage payoff figure (call your lender for a current payoff statement — it's different from your balance). Compare it to your estimated sale price minus closing costs. If you're underwater or marginally positive, selling may not make financial sense.

Tax implications: Florida has no state capital gains tax. Federal tax applies to gains above $250,000 single / $500,000 married on a primary residence (Section 121 exclusion), assuming you've owned and used the home for 2 of the last 5 years. Calculate your adjusted basis (purchase price + capital improvements) and your expected net sale price. If your gain is near the exclusion limits, consult a tax professional before listing.

Timing relative to your next move: Selling before you have clarity on where you're going creates pressure. Selling after you've found your next home may require bridge financing. Most sellers navigate a concurrent buy-sell — selling one home while under contract on another — which works but requires careful timeline management.

Step 2: Prepare the home

Inspection first

Order a pre-listing inspection ($350–$600) before spending money on cosmetic improvements. The inspector will find what buyers' inspectors will find. You have two choices:

Fix significant items before listing — arrive at market with a clean bill of health
Know about issues, disclose them, and price accordingly

The worst outcome is discovering significant problems during the buyer's inspection period when you're already under contract and the buyer has leverage.

Cosmetic preparation that pays

Exterior (highest ROI per dollar):

Power wash driveways, walkways, exterior walls
Fresh mulch in landscape beds; trimmed hedges and lawn
Clean gutters; remove any roof algae staining
Front door repaint or replacement
Updated house numbers and exterior lighting

Interior:

Deep clean throughout — kitchens, bathrooms, floors, windows
Declutter to the point of discomfort — buyers need to see the space
Touch-up paint on scuffed walls; repaint rooms in neutral colors if needed
Address any visible deferred maintenance: dripping faucets, sticking doors, cracked tiles

What to avoid: Don't spend $20,000 on a kitchen remodel expecting $30,000 in return. Buyers rarely value seller-chosen renovations at full cost. Focus on condition and cleanliness — not luxury upgrades.

The 4-point system check

Florida homeowners insurance requires a 4-point inspection for homes over 25 years old, covering four systems:

Roof: Age and condition. Under 5 years remaining useful life → insurance carrier may decline or surcharge heavily
HVAC: Functional, no gas leaks, no major deficiencies
Electrical: Panel type (Federal Pacific and Zinsco panels are problematic with some carriers), no ungrounded outlets in wet areas, no aluminum branch wiring
Plumbing: Material type (galvanized pipes are problematic), no active leaks

Address system-level issues before listing or disclose proactively with pricing that reflects condition.

Step 3: Determine the right list price

Pull your own comps

Before meeting with an agent, do your own research:

Search Zillow or Realtor.com for sold homes in your area in the last 90 days
Filter to homes within 0.5 miles, similar square footage (within 10%), same school zone
Note: sale prices are the data — list prices are irrelevant
Adjust for differences: newer HVAC, pool vs no pool, lot size, condition

If three comparable homes sold at $380K–$395K in the last 60 days, your home's market value is in that range regardless of what you wish it were worth.

The cost of overpricing

This is the most important pricing concept: an overpriced home typically sells for less than a correctly priced home.

The mechanism:

First two weeks on market = highest buyer traffic (new listing alerts to all agents with matching saved searches)
Overpriced home: buyers visit, see the premium, don't offer, move on to better-priced alternatives
Day 21+: listing goes "stale" — buyer agents tell their clients "that one's been sitting, something must be wrong"
Day 45+: price reduction required. But now the price-reduced listing has a stigma. Buyers who saw it initially don't come back. New buyers see a reduced listing and bid lower.
Result: the seller who listed 5% above market often ends up selling for 2–3% below market after carrying costs, time, and negotiation from a weakened position

The data is consistent: homes that sell within the first 30 days sell at the highest percentage of list price. Price accurately from day one.

Step 4: List the home

Professional photography is mandatory

Buyers see your home online before they see it in person. Professional real estate photography ($200–$400) generates significantly more showing requests than phone photos — this is not a meaningful cost to skip.

Requirements for good listing photography:

Shoot on a sunny day with blue sky if possible
All interior lights on, window blinds open for natural light
Wide-angle lenses for rooms
Drone aerial if the lot, community, or location views add value

Listing description: specific and honest

Generic descriptions lose buyers. Specific descriptions earn showings:

Name the school zone: "Winter Park HS zone" or "SCPS / Lake Mary HS"
Name the proximity: "0.4 miles to Maitland SunRail Station"
State system ages: "2021 HVAC / 2019 Roof / 2020 Water Heater"
Lead with differentiators: lake view, pool, golf community, corner lot

Launch day strategy

List on Thursday or early Friday to capture the weekend showing surge. Have all photos, virtual tours, and disclosures uploaded before the listing goes live. Never list with "photos coming soon" — it signals unpreparedness and costs you the first-weekend traffic.

Step 5: Navigate offers

Evaluating offer terms

An offer has five components that matter:

Price: The headline number — but not the only number
Financing: Cash is strongest; pre-approved conventional with 20%+ down is next; FHA/VA add appraisal complexity
Earnest money: Larger EMD signals commitment. $3,000 on a $350K offer is low; $7,000–$10,000 signals a serious buyer
Inspection period: Typically 10–15 days. Shorter is better for sellers (less free-look time)
Closing date: Does it match your needs? Sellers with time pressure may accept a slightly lower offer with a faster close

Multiple offers

When multiple offers arrive:

Inform all buyers through their agents that multiple offers exist
Request "highest and best" by a deadline (24–48 hours)
Compare all five components — the highest price offer isn't always the best offer
A cash offer 2% below the top financed offer may close more reliably and faster

Counter-offers

In Florida, a counter-offer voids the original offer — once you counter, the buyer is free to walk away from their own terms. Keep this in mind when crafting counter-terms: don't counter frivolously when you're close enough to accept.

Step 6: Under contract — managing the inspection period

The Florida AS IS contract inspection period

The standard AS IS contract gives buyers a free-look inspection period (typically 10–15 days) during which they can cancel for any reason and receive their deposit back. This is not the same as contingency protection — it's an unconditional right to cancel.

What this means for sellers:

The deal isn't secure until the inspection period expires
Buyers who request concessions during the inspection period are negotiating from a position where they have maximum leverage
Respond professionally and promptly to inspection findings — delay gives buyers anxiety that accelerates cancellation

Handling post-inspection requests

Buyers commonly request:

Price reduction: To reflect repair costs for identified issues
Seller credit at closing: Cash toward closing costs in lieu of repairs
Seller repairs: Less common in AS IS contracts but sometimes requested for specific items

You have three options:

Agree (in whole or in part)
Counter with different terms
Decline (buyer can then cancel or proceed)

The practical approach: significant issues (HVAC replacement, roof repair, electrical) warrant response. Minor items (paint touch-ups, caulking, small maintenance items) often don't need concessions. Focus on keeping the deal rather than winning every negotiation point.

Step 7: After inspection — to closing

Appraisal (financed transactions): The lender's appraiser will value the property. If it appraises at or above contract price, no issue. If it appraises below contract price:

Buyer can request price reduction to appraised value
Buyer can bring additional cash to bridge the gap
Buyer can cancel if they have an appraisal contingency or if financing is denied

Title search: The title company searches for liens, judgments, or title defects. Most are resolvable — old contractor liens, prior owner judgments that weren't properly released. Your title company handles the clearing process.

HOA estoppel: If your property has an HOA, the title company will request an estoppel certificate from the HOA confirming dues, special assessments, and any violations. This takes 5–10 business days and costs $100–$250. Order it immediately after contract execution.

Final walkthrough: Typically 24 hours before closing. The buyer confirms the home is in the same condition as contract execution. Clean the home; remove all personal property you're taking; ensure agreed repairs are completed.

Closing day: Both parties sign documents (sometimes separately in Florida — "split closing"). Funds transfer. Title records. You hand over keys. The sale is complete.

Step 8: After closing

Cancel your homestead exemption: Contact your county property appraiser's office to cancel your homestead exemption. Failure to notify can result in back taxes and penalties if you no longer live at the property.

Retain closing documents: Keep your closing disclosure (CD) and final settlement statement permanently — you'll need them for tax purposes, particularly for calculating your adjusted basis on your next property.

Update your address: Driver's license, voter registration, financial accounts, insurance policies — all need your new address.

Ryan Solberg is a listing agent covering Central Florida. If you're ready to sell and want a realistic assessment of your home's value, a clear plan for maximizing your net proceeds, and representation that charges 1% instead of 3% — contact Ryan for a free consultation.