Can I sell a condo FSBO in Florida?

Yes. Florida law allows condo owners to sell their unit without a real estate agent. However, condo sales have additional legal requirements under Florida Statute Chapter 718 (the Condominium Act) that do not apply to single-family homes. These include mandatory document delivery to the buyer, buyer rescission rights, and association approval requirements.

What documents must a condo seller provide to the buyer?

Florida law requires the seller to provide the buyer with the condominium declaration, bylaws, rules and regulations, most recent year-end financial statements, current year budget, FAQs sheet, and any amendments. The buyer has a statutory right to cancel the contract within 3 days (resale) or 15 days (new condo) of receiving these documents.

Does the condo association have to approve the buyer?

Many condo associations reserve the right to approve buyers before closing. The association may require a buyer application, background check, credit check, and interview. Some associations also have a right of first refusal. Your attorney reviews the condo documents to identify these requirements early in the transaction.

What is a condo estoppel letter?

An estoppel letter from the condo association confirms the seller's account status, including outstanding assessments, special assessments, violations, and any amounts owed. It is required at closing to ensure the buyer does not inherit the seller's unpaid association debts. Under Florida law, the association must respond within specific timeframes.

Selling a Condo For Sale By Owner in Florida

Selling a Condo FSBO in Florida: What You Need to Know

Selling a condominium For Sale By Owner (FSBO) in Florida is more complex than selling a single-family home. Florida's Condominium Act (Chapter 718) imposes additional legal requirements on condo sales that do not apply to traditional homes. From mandatory document delivery to buyer rescission rights, there are specific steps you must follow to avoid legal liability.

At Barnes Walker, our real estate attorneys and title company handle condo FSBO closings across Florida. We ensure your sale complies with Chapter 718, manage the association coordination, and handle every closing detail so you can sell with confidence.

Florida's Condominium Act: What Sellers Must Know

Florida Statute Chapter 718 governs all condominium transactions in the state. For FSBO sellers, the most important provisions are:

Mandatory Document Delivery (Section 718.503)

Before or at closing, the seller must provide the buyer with:

Declaration of Condominium and all amendments
Bylaws and articles of incorporation
Rules and regulations
Most recent year-end financial statements (audited if available)
Current year operating budget
Frequently Asked Questions and Answers (FAQ) sheet as required by Chapter 718
Any pending or approved special assessments

In a traditional sale, the seller's agent typically manages this document delivery. In a FSBO sale, the responsibility falls entirely on you. Your attorney at Barnes Walker coordinates with the association to obtain all required documents and ensures proper delivery to the buyer.

Buyer's Right to Cancel (Section 718.503)

Florida law gives condo buyers a statutory right to cancel the contract after receiving the association documents:

Resale transactions: 3 calendar days from receipt of documents
New condo purchases: 15 calendar days from receipt of documents

If the buyer does not receive the required documents, the rescission period may not begin, and the buyer could potentially cancel the contract even after closing. Proper documentation of delivery is essential to protect the seller.

Condo Association Requirements

Estoppel Letter

Just like an HOA estoppel letter, a condo association estoppel certificate confirms the seller's account status. It includes:

Outstanding assessments or maintenance fees
Special assessments (pending or approved)
Violations or fines
Transfer fees and capital contribution requirements
Current assessment amount and payment schedule

Florida law caps estoppel fees and requires the association to respond within specific timeframes.

Buyer Approval

Many condo associations require the buyer to:

Submit an application with personal and financial information
Pass a background check and/or credit check
Attend a board interview
Pay an application fee

The association's approval process can take 2 to 4 weeks, so it is important to initiate it early in the transaction.

Right of First Refusal

Some condo declarations give the association (or other unit owners) a right of first refusal to match the purchase price and buy the unit. If the right is exercised, the sale to your original buyer cannot proceed. Your attorney reviews the declaration to identify this provision before you list the property.

Unique Considerations for Condo FSBO Sales

Rental restrictions: If the buyer intends to rent the unit, the association may have rental caps, minimum lease terms, or tenant approval requirements that could affect the sale
Special assessments: Pending or recently approved special assessments must be disclosed. The purchase agreement should specify who pays: assessments approved before closing are typically the seller's responsibility
Reserve funding: Buyers may ask about the association's reserve fund status. Florida law now requires specific reserve funding disclosures
Building insurance: The association's master insurance policy covers the building structure, but the buyer needs an HO-6 policy for interior and personal property coverage
Leasehold condos: Some condos are built on leased land. The underlying ground lease must be disclosed and the lease terms reviewed
Age restrictions: 55+ condo communities must verify buyer eligibility

The Condo FSBO Closing Process

Review governing documents: Your attorney reviews the declaration, bylaws, and rules to identify any sale restrictions or requirements
Draft or review the purchase agreement: Including proper contingencies and document delivery provisions
Order association documents: Obtain all required documents from the association management company
Deliver documents to buyer: Document the delivery date to start the rescission period
Submit buyer application: Coordinate the buyer approval process with the association
Order estoppel letter: Confirm the seller's account status and any outstanding obligations
Complete title search and title commitment
Prepare closing documents and close the transaction

Sell Your Florida Condo with Barnes Walker

Selling a condo FSBO in Florida? The attorneys at Barnes Walker manage every aspect of your condo closing, from Chapter 718 compliance to association coordination to closing day. We have handled thousands of condo closings across Manatee County, Sarasota County, and throughout Florida.

Contact Barnes Walker About Your Condo FSBO Sale

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See also: FSBO HOA Transfer Requirements | FSBO Disclosure Requirements | For Sale By Owner Services