Florida Real Estate Law

Agency Relationships

Florida's default brokerage relationship is 'transaction broker' — the agent assists both parties but owes no fiduciary duty to either.
Single agency (full fiduciary duty to one party) requires a written disclosure and, if switching, written consent.
Hurricane and flood zone considerations make written representation especially important.

Sellers must disclose known facts that materially affect the value of residential property (Johnson v. Davis).
Coastal properties may require additional wind mitigation and flood insurance disclosures.
Condominium buyers have a 3-day right to cancel after receiving governing documents.

Real estate contracts must be in writing to be enforceable.
Review deadlines for inspection, financing, and closing carefully — missed dates can cost your earnest money.
You may hire an independent attorney to review any contract, even if the state does not require one.

Closings are usually handled by title companies or real estate attorneys. Attorneys are common but not required.
Local custom: in most Florida counties the seller pays for the owner's title policy and the documentary stamp tax on the deed; the buyer pays for the lender's policy and intangible tax on the mortgage. Miami-Dade and Broward sometimes flip who pays for the owner's policy.
Florida has documentary stamp taxes on deeds (paid at recording) and on mortgages.
Property taxes are paid in arrears with a discount for early payment; they are prorated at closing.
Florida's homeowner-insurance market is volatile — confirm coverage is bound BEFORE waiving the inspection or insurance contingency.

Since August 17, 2024, multiple-listing services (MLS) can no longer publish offers of buyer-agent compensation. Sellers may still choose to pay a buyer's agent, but it is now negotiated separately and disclosed off-MLS.
Buyers must sign a written representation agreement with their agent before touring a home. The agreement must state how the agent is paid and how much. Read it carefully — the fee is between you and your agent now, not automatically covered by the seller.
If you are buying, ask whether the seller is offering to pay your agent's commission, who else might pay it, and exactly what services are included.
If you are selling, you are no longer required to offer a buyer's agent commission. Your listing agent should explain the trade-offs of doing so anyway.

Security deposits are regulated; landlords must return them within a set number of days after move-out.
Evictions require proper written notice and, in most cases, a court order.
Retaliation against tenants who exercise legal rights is prohibited.

Educational information only. Not legal advice. Laws change; verify with the official sources above or consult a licensed attorney.