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Selling a house in Florida: the paperwork

Every document a Florida sale commonly touches, who usually produces it, and the law behind it. In most sales the seller's own share is small, and this page shows you which part that usually is.

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16 documents · 14 questions · about a 18 minute read · free, and we don't ask for your email

8documents are usually the seller's
out of 16 in a Florida sale

Usually the seller's to produce

8

In most sales nobody else prepares these. Whether each one applies to you depends on your home, your title, and your buyer.

  • Purchase agreement (PSA)Foundational contract
  • Seller's Property DisclosureSeller's disclosure packet
  • Flood Disclosure Form (FD-1)At or before contract executionOn your list because is the home on the water, or in a flood zone
  • Radon disclosureIn PSAOn your list because has there been mold, structural repair, or environmental testing here
  • Property-tax disclosureIn PSA
  • HOA disclosure summary (§ 720.401)Delivered with PSAOn your list because is the home in an hoa, condo, or co-op
  • Condo docs + estoppel (§ 718.503, § 718.116(8))In closing packetOn your list because is the home in an hoa, condo, or co-op
  • Milestone inspection report + SIRS (§ 553.899)In closing packet (condo only)

Usually somebody else's to prepare

8

Commonly handled by a title company, an attorney, a lender, or the county. Listed so none of them is a surprise.

  • Deed (warranty, with two witnesses + notary)Recorded post-closing
  • ALTA Settlement StatementIn closing packet
  • Buyer's CDBuyer's packet
  • Payoff statementsIn closing packet
  • Documentary stamp tax remittanceFiled at recording
  • Wire-fraud advisoryClosing packet / email
  • FIRPTA non-foreign affidavitIn closing packet
  • 1099-SFiled with IRS

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How Florida generally runs a sale

The broad shape of a sale there, as the research found it. Counties and cities add their own rules on top of all of this.

Closing typeTitle-company / escrow state; attorneys commonly conduct closings but are not required. Title agents licensed by the DFS handle most residential closings.
Property regimeCommon law — BUT Florida's constitutional homestead (Art. X, § 4, Fla. Const.) imposes a strong spousal-joinder rule: a married owner cannot convey homestead property without the spouse join...
Standard deedGeneral warranty deed most common; special warranty and quitclaim used. Two subscribing witnesses required for validity (Fla. Stat. § 689.01).
Disclosure regimeNo comprehensive statutory disclosure form. The duty is common-law — *Johnson v. Davis* — plus several verbatim-language statutes for radon, flood, tax, and coastal.
Transfer taxDocumentary stamp tax on deeds — $0.70 per $100 of consideration statewide, EXCEPT Miami-Dade County: $0.60 per $100 + a $0.45/$100 surtax on transfers other than single-family (Fla. Stat.
RONAuthorized under Fla. Stat. § 117.201 et seq. (effective January 1, 2020).
Recording actNotice (Fla. Stat. § 695.01).
Recording officeCounty Clerk of Court / Comptroller in the county where the land lies.

Other things Florida asks about

These come up in Florida and almost nowhere else. We don't ask them above because we can't answer them for you yet, but they're worth raising with your title company.

  • Built before 1978?
  • Building 3+ stories AND (25+ years old within 3 miles of coast OR 30+ years old elsewhere)?
  • Prior Chinese drywall issue?
  • U.S. citizen or U.S. tax resident?
  • Attending closing personally?

Before you rely on any of this

This is a compilation of published state requirements, not legal advice, and no lawyer has reviewed it or your sale. Laws and forms change, counties and cities add their own rules, and whether any of this applies to you depends on facts we don't know. Treat every item as a starting point for a question, not as an answer. Confirm anything you plan to rely on against the official source we link, and run your list past a title company or an attorney licensed in your state.

These counts describe a typical sale, not yours. Which documents you need turns on facts about your home, your title, your buyer, and your county, and one unusual answer can add several or remove them.

Who prepares each document is what usually happens, not a rule. Practice differs between states, between counties, and between one title company and the next, and your contract can move work from one side to the other.

Keighbor is not a real estate brokerage and does not represent you. Nobody here is your agent. We don't negotiate, set your price, recommend a course of action, or take a commission. We provide software that helps you organize your side of the sale.

The full Florida reference

The rest of the research, with every citation kept. This is the same material our own product is built on, and nothing is held back for paying customers. It describes the law as the research found it, not as it applies to your sale.

ALWAYS-required documents (every Florida residential transaction)

Purchase and sale agreement

Ownership: [SELLER + BUYER] Legal basis: Fla. Stat. § 725.01 (statute of frauds). Contents: Must contain the verbatim radon (§ 4.3) and tax (§ 4.4) language. How to find: FSBOs use online templates, attorney drafts, or Florida Realtors/Florida Bar forms. Non-Realtor sellers should ensure the required verbatim language is present.

Common-law disclosure of known material defects — Johnson v. Davis

Ownership: [SELLER] Appears: Seller's disclosure packet — typically FAR/BAR Seller's Property Disclosure (SPDR), but not required to be that form. Legal basis: Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) — "where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer." Survives "as-is": Rayner v. Wise Realty Co., 504 So. 2d 1361 (Fla. 1st DCA 1987). An "as-is" clause does NOT eliminate the common-law disclosure duty. Contents to disclose (customary): Roof condition, plumbing, electrical, HVAC, structure, water intrusion, environmental hazards, sinkhole history, insurance claims, HOA/condo issues, legal disputes. Substance-over-form: A seller could satisfy the duty with a written letter listing known defects — the FAR/BAR SPDR is one delivery vehicle. A seller who checks "no" on every question but knows of a defect is still liable under Johnson v. Davis. Consequence of noncompliance: Buyer may rescind or sue for damages.

Radon Gas Disclosure — Fla. Stat. § 404.056(5)

Ownership: Language required in every residential PSA. Appears: In the PSA itself. Verbatim language required:

"RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department."

Substance-over-form: Every PSA in Florida must contain this exact language. If you use the Florida Realtors / Florida Bar contract, it's already there. If you use any other contract template — attorney draft, online FSBO template, or anything else — the exact statutory language above must be present in the PSA. Not required for vacant land.

Property Tax Disclosure — Fla. Stat. § 689.261

Ownership: Language required in every residential PSA. Appears: In the PSA itself. Verbatim language required:

"BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION."

Substance-over-form: Every residential PSA must contain this language. FAR/BAR forms include it; other templates must paste it in.

Flood Disclosure Form — Fla. Stat. § 689.302 (FD-1)

Ownership: [SELLER] Appears: Delivered at or before contract execution. Legal basis: Fla. Stat. § 689.302 (created 2024; expanded effective October 1, 2025). Required contents:

  • Seller's knowledge of any flooding that damaged the property during ownership.
  • Whether any flood-insurance claim was filed on the property.
  • Whether any FEMA or other federal flood assistance was received.
  • Recommendation that buyer consider flood insurance.

How to find: The FD-1 form is available through Florida Realtors, DBPR, and various title/attorney resources. Non-Realtor sellers can obtain the language via the statute itself (flsenate.gov, search § 689.302) and satisfy the requirement via a stand-alone written disclosure that contains the statutory content.

Substance-over-form: § 689.302 references a "flood disclosure form" but the substance is a written disclosure with the statutory content items. A written disclosure signed by seller and delivered to buyer satisfies the statute.

Deed (warranty, two-witness, notarized)

Ownership: [TITLE/ESCROW or ATTORNEY drafts]; seller signs. Legal basis: Fla. Stat. § 689.01 (formal execution requirements). Required elements:

  • Grantor with marital-status recital (to flag homestead).
  • Grantee full legal name + post office address (§ 689.02).
  • Parcel identification.
  • Complete legal description (plat book/page or metes-and-bounds).
  • "Prepared by" block (§ 695.26).
  • Two subscribing witnesses (§ 689.01).
  • Notarial acknowledgment.
  • No survivorship presumed between co-grantees (§ 689.15).

Recording: With County Clerk of Court / Comptroller (Florida is a notice state under § 695.01).

How to find: Deed drafting handled by title/attorney. Do not draft your own — missing the two-witness requirement, marital recital, or homestead compliance can produce a void deed.

ALTA Settlement Statement

Ownership: [TITLE/ESCROW]. Seller signs at closing.

Wire-fraud advisory

Ownership: [TITLE/ESCROW]. Read carefully; verify wire instructions by phone.

SOMETIMES-required documents (only when triggered)

HOA disclosure summary — Fla. Stat. § 720.401

Trigger: Property is in an HOA/POA (not a condo — condos covered separately). Ownership: [SELLER] Statutory items: § 720.401 prescribes a specific disclosure summary that must be given in a specific format warning the buyer that (a) HOA membership is mandatory, (b) recorded restrictive covenants apply, (c) periodic assessments are payable, (d) failure to pay may result in a lien, and (e) recorded restrictive covenants can be amended without buyer's consent. Right of rescission: Buyer may void the contract within 3 days after receipt of the disclosure summary (or before closing). How to find: Statutory language available at flsenate.gov, § 720.401. Written summary containing the statutory items satisfies the requirement.

Condominium disclosures — Fla. Stat. § 718.503

Trigger: Property is a condominium unit. Ownership: [SELLER, using materials from HOA / MGMT CO] Statutory items: Declaration, bylaws, rules, current operating budget, FAQ, financials, governance/management contracts. For developer sales, additional § 718.503 disclosures apply. Right of rescission: Buyer has 3 business days after receiving the condo documents to cancel. Estoppel certificate: § 718.116(8) — must be delivered by the association within 10 business days. DBPR fee cap (per Becker & Poliakoff industry reporting): $299 standard, $119 expedited, $179 delinquency. How to find: Request from condo association or management company.

Milestone inspection + Structural Integrity Reserve Study — Fla. Stat. § 553.899 (post-Surfside)

Trigger: Building 3+ stories in height AND (25+ years old within 3 miles of the coast OR 30+ years old elsewhere). Ownership: [HOA / condo association performs]; seller must provide reports to buyer as material facts. Legal basis: SB 4-D (2022), codified at Fla. Stat. § 553.899. Enacted after the June 24, 2021 Champlain Towers South collapse in Surfside "which killed 98 people." Buildings "three stories or more in height… must have a milestone inspection performed by December 31 of the year in which the building reaches 30 years of age… and every 10 years thereafter" (25 years if within 3 miles of coast), plus mandatory structural integrity reserve studies. How to find: Request milestone inspection report and SIRS from the condo association.

Coastal disclosure — Fla. Stat. § 161.57

Trigger: Property seaward of the Coastal Construction Control Line (CCCL). Ownership: [SELLER] — disclosure of erosion potential and applicability of coastal-construction regulations.

Sinkhole

Trigger: Known sinkhole activity or history (especially Central Florida — I-4 corridor). Ownership: [SELLER] — material fact under Johnson v. Davis and often under insurer sinkhole reports (Fla. Stat. § 627.7073).

Chinese drywall

Trigger: Known defective drywall history (2001–2009 imports). Ownership: [SELLER] — material fact under Johnson v. Davis.

Well / septic

Trigger: Private well or septic. Rule: No statewide POS well/septic inspection, but disclosure of known conditions required under Johnson v. Davis.

Marital status / homestead

Trigger: Property is homestead + seller is married. Rule: Spousal joinder on deed required — non-titled spouse must sign to convey homestead. A deed signed by titled spouse alone is void as to homestead. Waiver: Possible via § 732.702 marital agreement or § 732.7025 deed-language waiver — attorney should draft.

Trust / entity

Trust certification (Fla. Stat. § 736.1017); LLC/corp resolution + certificate of status from Florida DOS Division of Corporations (sunbiz.org).

Estate / probate

Personal representative's deed + letters of administration; Florida probate under Ch. 733.

POA

Notarized; recorded if attorney-in-fact will sign a recorded instrument. Florida has strict POA statute (Ch. 709).

Tenant-occupied

Lease assignment; estoppel; security-deposit reconciliation.

CLUE

Order from LexisNexis; disclose relevant claims (relevant to Johnson v. Davis + § 689.302 flood-insurance claim disclosure).

Open permits

Local building department search (Miami-Dade Building Department; Broward County Building; etc.). Close out before closing.

Solar

Owned or leased; UCC-1 fixture-filing search.

Death / homicide / suicide — Fla. Stat. § 689.25

Florida rule: Death by any means (homicide, suicide, natural) on the property is NOT a material fact; no disclosure duty. HIV/AIDS occupancy similarly not required to be disclosed.

Energy-efficiency rating brochure — Fla. Stat. § 553.996

Seller must provide the state's energy-efficiency rating brochure. Widely ignored in practice; low enforcement.

Federal overlays

See master methodology § 8. Applied to Florida:

  • Lead paint (pre-1978). Attached to PSA.
  • FIRPTA. Florida is one of the heaviest foreign-seller markets in the U.S.; title companies police non-foreign affidavits aggressively.
  • 1099-S. Title files.
  • FinCEN RRE Rule (effective March 1, 2026). Miami is one of the historical FinCEN Geographic Targeting Order metros; expect close FinCEN attention in Miami-Dade/Broward/Palm Beach.
  • Wire fraud. Handled by title.

Prescribed-language items (substance over form)

ItemStatuteWhere requiredNon-Realtor path
RadonFla. Stat. § 404.056(5)In PSA (verbatim)Paste statutory language into any PSA template
Property taxFla. Stat. § 689.261In PSA (verbatim)Paste statutory language
Flood disclosure (FD-1)Fla. Stat. § 689.302At/before contract executionWritten disclosure with the statutory content items
HOA disclosure summaryFla. Stat. § 720.401Delivered with contractWritten summary containing statutory items
Condo docs deliveryFla. Stat. § 718.503Delivered to buyerProvide association-produced materials
Coastal (CCCL)Fla. Stat. § 161.57In PSA or attachedWritten disclosure
Energy efficiency brochureFla. Stat. § 553.996Delivered before contractProvide state brochure

Local / municipal overlays

  • Miami-Dade County doc-stamp differential: $0.60/$100 + $0.45/$100 surtax (non-single-family) vs. statewide $0.70/$100.
  • Municipal lien / open-permit / certificate-of-use searches common in South Florida (City of Miami, Miami Beach, Fort Lauderdale, others). Order the municipal lien search — often not included in the standard title commitment.
  • Post-Surfside condo compliance — highly active in Miami-Dade and Broward.

Post-closing obligations

  • Record deed with County Clerk of Court / Comptroller.
  • Doc-stamp tax paid at recording by title.
  • 1099-S filed by title.
  • FIRPTA remittance if seller is foreign (buyer files 8288 / 8288-A).
  • IRC § 121 exclusion applies federally.
  • Homestead exemption transfer — new owner files for homestead by March 1 of the following year; seller's homestead terminates on transfer.

Federal overlay cross-reference

See master methodology § 8.

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