Sell

Selling a house in Florida

The two things that decide a Florida sale are what you disclose and whether the buyer can insure the house. Price and presentation matter everywhere. Here, a deal is more likely to collapse over a roof age or a failed 4-point than over a negotiation — and the disclosure you make on the way in determines whether you hear from the buyer again afterwards.

Presentation is fourth. In Florida, sales die on insurability and paperwork.

Disclosure comes first, and as-is does not solve it

Florida requires you to disclose known defects that materially affect value and that a buyer cannot readily see. The duty comes from Johnson v. Davis (Fla. 1985)^† and survives an as-is contract. As-is limits your obligation to repair, not your obligation to tell the truth.

There is also a separate statutory flood disclosure, in force since 1 October 2024^† and expanded from 1 October 2025^†.

If the buyer walksWho gets the deposit, and why the broker cannot decide.What it costs to sellWhat is fixed by the state, and what is genuinely negotiable.What you must disclose, in fullThe three-part test, the flood form, and the insurance history buyers should be told about.

What the seller customarily pays

Item	Customarily	Notes
Deed documentary stamp tax	$0.70 per $100^†	On the sale price. Miami-Dade differs.
Owner’s title policy	$5.75 per $1,000^† on the first $100,000	Promulgated rate — identical at every agency. Buyer pays in Miami-Dade.
Agent commission	Negotiated	Not fixed, and increasingly not assumed.
Prorated property tax	Your share of the year	Florida bills in arrears.
HOA or condo estoppel fee	up to $299^†	Capped by statute; the association has 10 business days.

Custom is a default, not a rule

None of the who-pays-what convention above is law. All of it is negotiable in the contract, and in a slower market buyers routinely ask sellers to cover more of it. If someone tells you a cost is fixed by custom, the accurate answer is that custom is where the negotiation starts.

Preparation that actually returns its cost here

Florida rewards a narrower set of pre-sale spending than national advice suggests, because the buyer’s constraint is insurability rather than taste.

A wind mitigation report. Worth roughly 20–30% of the total premium^† off the buyer’s premium, and producing one turns a vague worry into a documented advantage. It is the cheapest thing on this list.
Documentation of the roof. Age, permits, and any remaining warranty. Roof age drives more failed Florida deals than any other single fact.
Resolving unpermitted work, or at minimum disclosing it clearly. It surfaces at closing either way, and surfacing late is worse.
Fixing a known deal-breaker defect — an obsolete electrical panel, failing cast iron. A buyer who cannot insure the house cannot buy it at any price.

What usually does not return its cost

Full kitchen and bathroom renovations immediately before listing. Buyers rarely pay back a recent remodel at cost, and taste risk works against you. Cleaning, decluttering, paint and landscaping remain the highest-return work, as they are everywhere — but in Florida they matter less than an insurable roof.

If the buyer’s insurance quote comes back badly

This is a specifically Florida failure mode and it usually arrives late in the inspection period. The buyer discovers the premium is far higher than budgeted, or that carriers will not write the property at all, and the deal wobbles over something you may have known about for years.

Get your own wind mitigation report before listing, so the credits are already documented.
Know your roof age and have the paperwork ready to hand over.
If you have had a non-renewal or a declined application, expect it to come up — and disclose it rather than waiting for the buyer’s agent to find it.
Price the known problem in, or fix it. An undisclosed one gets discovered at the worst moment and costs more than either.

Selling an inherited houseTitle first — and the three things that quietly go wrong meanwhile.FIRPTAWithheld on the price, not the profit — and the fix must be filed before closing.Cash buyers and “we buy houses”Speed bought with price — and the terms decide whether the number holds.Selling without an agentLegal, sometimes sensible — and the disclosure duty does not soften.1031 exchangesArrange the intermediary before you close, not after.Short sale or foreclosureThe deficiency window is longer after a short sale, not shorter.Closing costs in fullEvery line, both sides.Wind mitigation inspectionThe single highest-return thing to do before listing.Take your tax cap with youIf you are buying again in Florida, this is worth real money.

A real estate sign indicates a property for sale as two agents in hard hats discuss building plans outdoors.Photograph: Pavel Danilyuk / Pexels

Common questions

What does a seller pay at closing in Florida?

Customarily the deed documentary stamp tax at $0.70 per $100 of price, the owner’s title policy at the promulgated rate, agent commission, prorated property tax and any association estoppel fee. Miami-Dade reverses the title custom, and all of it is negotiable.

Do I have to disclose problems if I sell as is in Florida?

Yes. An as-is clause means you will not make repairs. It does not remove the duty under Johnson v. Davis to disclose known defects that materially affect value and are not readily observable.

What should I do before listing a house in Florida?

Get a wind mitigation report, document the roof age and permits, resolve or disclose unpermitted work, and deal with any known insurability blocker such as an obsolete electrical panel. These matter more here than cosmetic renovation.

Why do Florida deals fall through at the inspection stage?

Most often because the buyer’s insurance quote arrives late and is far higher than budgeted, or carriers decline the property outright. Roof age and a failed 4-point are the usual causes, and both are knowable before listing.

Tax rates and title premiums are set statewide; commission, custom and contract terms are negotiable and vary by county and market. Confirm specifics with your own closing agent. General information, not legal advice.