FSBO FAQ Florida: Answers to the Most Common For Sale By Owner Questions
Selling your home For Sale By Owner (FSBO) in Florida can be a smart and profitable choice—but it often comes with questions. Whether you’re wondering about closing timelines, title insurance, or legal requirements, getting reliable answers from real estate professionals is key to avoiding costly mistakes.
At Barnes Walker, our attorneys and title experts have guided Florida homeowners through FSBO transactions for more than 30 years. Below, we’ve compiled a detailed list of frequently asked questions about the FSBO process to help you sell your property confidently and legally.
How long does closing take for a FSBO sale in Florida?
In most FSBO transactions, closing takes about 30 to 45 days from the time the purchase agreement is signed. However, the timeline can vary depending on:
- How quickly the buyer’s financing is approved
- Whether title issues or liens need to be resolved
- How fast the inspections and appraisals are completed
- County recording times and availability of closing appointments
Pro Tip: Sellers using a law firm and title company—like Barnes Walker—often close faster, since title and legal work are handled in-house with fewer delays.
Do I need title insurance when selling my home FSBO?
Yes, title insurance is strongly recommended—and often required—when selling your home. Title insurance protects the buyer (and lender, if applicable) against any undiscovered liens, ownership claims, or title defects that might surface after the sale.
In many Florida counties, it’s customary for the seller to pay for the owner’s title policy. At Barnes Walker, we perform a full title search and issue the title insurance directly from our in-house title department, ensuring compliance, accuracy, and a smooth closing process.
Can I sell my house on Zillow FSBO?
Yes, you can list your property as For Sale By Owner on Zillow. Zillow allows sellers to post FSBO listings without an agent, although your exposure will be limited compared to the Multiple Listing Service (MLS). To reach more potential buyers, many FSBO sellers use a flat-fee MLS service—a low-cost way to place your home on the MLS without paying full realtor commissions.
Pro Tip: Pairing a Zillow FSBO listing with professional legal and title support ensures that even if you handle the marketing, the sale itself remains legally sound and fully protected.
Do I need a lawyer to sell FSBO in Florida?
Florida law does not require you to hire an attorney for FSBO transactions, but doing so can protect your interests and prevent errors. FSBO sellers take on all the duties of a realtor—writing contracts, managing disclosures, and coordinating with the title company—so legal guidance is invaluable.
Barnes Walker provides attorney-drafted contracts, disclosure compliance, and full closing management, ensuring your FSBO sale meets Florida law and closes on schedule.
Who holds the buyer’s deposit in a FSBO transaction?
All deposits must be held in a licensed escrow account, either with an attorney or title company. You should never hold the buyer’s deposit in your personal bank account—it must be placed in a regulated trust account to comply with Florida real estate law.
At Barnes Walker, we maintain secure escrow accounts managed by our title department, ensuring funds are properly held and disbursed at closing.
What disclosures are required when selling FSBO in Florida?
Under Florida law, sellers must disclose any known material defects that could affect the property’s value or safety. Common disclosure items include:
- Roof leaks or damage
- Flooding, drainage, or mold issues
- Termite damage or pest infestations
- Plumbing or electrical defects
- Unpermitted additions or renovations
You’ll also need to provide HOA documents (if applicable) and comply with any local flood zone or coastal disclosure requirements.
How much are FSBO closing costs in Florida?
Closing costs in Florida typically range between 2% and 5% of the sale price, depending on your county and transaction details. Common seller costs include:
- Owner’s title insurance premium
- Title search and settlement fees
- Documentary stamp tax on the deed ($0.70 per $100 of sale price)
- Recording and courier fees
- Outstanding mortgage payoff (if applicable)
Buyers generally pay for appraisal fees, inspections, and lender costs. Our team can provide a customized estimate so you know your net proceeds before listing.
Can I use my own contract for a FSBO sale?
Yes, you can—but it’s risky to rely on generic online forms. Many contracts found online are outdated or noncompliant with Florida law. The best practice is to use the Florida Realtors/Florida Bar (FAR/BAR) contract or have your attorney draft a custom agreement that fits your transaction.
Barnes Walker can draft, review, or revise your contract to ensure that all essential terms, contingencies, and disclosures are correctly included.
Can I close my FSBO sale remotely?
Yes. Florida allows remote and mail-away closings for residential real estate transactions. This is especially useful for out-of-state sellers or buyers. Our title team at Barnes Walker handles remote notarization, digital document signing, and secure fund transfers for a completely virtual closing experience.
What happens if the buyer backs out before closing?
If a buyer cancels outside the terms of the contract, you may have the right to keep the earnest money deposit as liquidated damages. However, if the buyer cancels within a permitted contingency period (for financing, inspection, or appraisal), they may be entitled to a refund.
Your FSBO attorney can review the situation, interpret the contract terms, and help enforce your rights under Florida law.
Can I sell inherited property FSBO?
Yes, but selling inherited property involves additional steps such as verifying ownership through probate and ensuring all heirs agree to the sale. A Barnes Walker probate and real estate attorney can help you clear title, manage estate documentation, and coordinate a smooth FSBO closing.
Ask a Question → Get a Real Attorney Answer
Have a FSBO question that’s not listed here? Our attorneys at Barnes Walker are here to help. We provide practical, plain-language guidance to help Florida homeowners sell with confidence—no realtor required.
Ask a Question → Get a Real Attorney Answer
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