FSBO Contract Drafting in Florida: A Step-by-Step Guide for Home Sellers
When selling your home For Sale By Owner (FSBO) in Florida, the sales contract is one of the most important documents you will prepare. It defines the terms of your sale, protects your interests, and ensures compliance with state real estate laws. Yet, many FSBO sellers make costly mistakes when trying to draft or sign contracts without legal assistance. At Barnes Walker, our attorneys provide professional guidance in FSBO contract drafting in Florida—helping you write, review, and finalize agreements that are both fair and legally sound.
Why FSBO Contract Drafting Matters
A real estate contract isn’t just a handshake agreement—it’s a binding legal document that governs every aspect of your sale. Without a properly written contract, you could face disputes over repairs, deposits, or deadlines that delay or derail your closing. Florida’s real estate laws are specific, and FSBO sellers must ensure their contracts meet all disclosure, financing, and title requirements.
Working with an experienced FSBO closing attorney ensures your contract accurately reflects your intentions and complies with Florida law—protecting your sale from future disputes or legal exposure.
Step-by-Step: How to Draft a FSBO Sales Contract in Florida
1. Identify the Parties and the Property
The contract should clearly identify both the buyer and the seller by legal name and include the full property address, parcel identification number, and legal description. A small error in the property description can cause title issues or delays at closing.
2. Define the Purchase Price and Deposit Terms
List the agreed-upon purchase price, the amount of any earnest money deposit, and where that deposit will be held (usually in an escrow account managed by a title company or attorney). Always specify whether the deposit is refundable and under what conditions.
3. Include Financing and Contingencies
Most Florida real estate contracts include contingencies that protect both parties if certain conditions aren’t met. Common contingencies include:
- Buyer financing approval
- Home inspection results
- Appraisal value meeting or exceeding purchase price
- Clear title confirmation
Failing to include the right contingency language can leave you vulnerable if a buyer backs out unexpectedly.
4. Outline Closing Details
Specify the proposed closing date, location, and which party is responsible for selecting the title company. In most Florida counties, the seller provides the title insurance and selects the title agent, though this can be negotiated. Clearly outline who pays for closing costs and how prorations (like taxes or HOA dues) will be handled.
5. Add Disclosure Requirements
Florida law requires sellers to disclose any known material defects that could affect the property’s value or safety. This includes roof leaks, structural damage, plumbing issues, or boundary disputes. Failure to make proper disclosures can result in post-sale lawsuits.
6. Include Default and Dispute Resolution Clauses
These sections define what happens if one party fails to perform their obligations. Many contracts include provisions for mediation, arbitration, or recovery of attorney’s fees. This language is critical for protecting yourself if the buyer defaults or a disagreement arises after signing.
7. Address Title and Closing Responsibilities
Clarify that the seller will provide a clear and marketable title, free from liens or encumbrances, and outline the process for delivering the deed. If your title or escrow is being handled by a law firm like Barnes Walker, your attorney will coordinate all legal documents and disbursements to ensure a seamless closing.
8. Review and Sign the Agreement
Once all terms are agreed upon, both parties should review the contract thoroughly before signing. Electronic signatures are permitted in Florida real estate transactions, but each party should retain a complete signed copy for their records.
Sample Clauses to Include in Your FSBO Contract
Here are a few common clauses that help strengthen FSBO agreements:
- Inspection Contingency: “This Agreement is contingent upon Buyer obtaining, at Buyer’s expense, an inspection of the Property within ten (10) days of the Effective Date.”
- Financing Clause: “This Agreement is contingent upon Buyer securing financing approval within twenty-one (21) days of the Effective Date.”
- Title and Closing: “Seller agrees to provide marketable title and pay for Owner’s Title Insurance Policy. Closing shall occur no later than [date] at the offices of [title company/law firm].”
- Dispute Resolution: “Any controversy arising out of this Agreement shall first be submitted to mediation before litigation may be pursued.”
Common Mistakes FSBO Sellers Make in Contract Drafting
- Using outdated or incomplete contract templates found online
- Failing to include required state disclosures
- Not specifying how and when earnest money will be released
- Leaving unclear timelines for inspections, financing, or closing
- Neglecting to have an attorney review the contract before signing
Even small wording errors can lead to large financial consequences. A properly drafted contract not only protects your sale but also prevents misunderstandings that could delay or void the transaction entirely.
How Barnes Walker Helps FSBO Sellers Draft Strong Contracts
At Barnes Walker, our attorneys assist FSBO sellers across Florida with contract drafting, review, and closing support. We ensure your contract meets all legal requirements, protects your financial interests, and aligns with your goals. Our in-house title department can also manage your escrow, title insurance, and deed preparation—streamlining the entire process from offer to closing.
Whether you’re selling a single-family home, investment property, or estate, our legal team makes sure your transaction is secure, compliant, and efficient.
We Can Review Your FSBO Contract Before You Sign
Don’t sign a contract you don’t fully understand. Let our attorneys at Barnes Walker review your FSBO sales agreement before you commit. We’ll identify potential risks, correct any errors, and ensure the terms work in your favor.
We can review your FSBO contract before you sign. Contact Barnes Walker today to schedule your consultation and protect your FSBO sale with experienced legal guidance.
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