How do I make an offer on a FSBO home?

Start by researching comparable sales to determine a fair price. Then have your attorney draft a written purchase agreement that includes the offer price, earnest money amount, contingencies for inspection and financing, a proposed closing date, and any seller concessions. Present the signed offer to the seller with your pre-approval letter.

What should I include in a FSBO offer?

Every FSBO offer should include: the legal description of the property, purchase price, earnest money deposit amount and escrow details, financing terms, inspection contingency, appraisal contingency, closing date, who pays which closing costs, and any personal property included in the sale.

Can I negotiate directly with a FSBO seller?

Yes. In a FSBO transaction, buyers and sellers negotiate directly. While this can be more efficient, it also means you lack the buffer a real estate agent provides. Having an attorney prepare your offer and advise on negotiation strategy ensures your interests are protected while maintaining a professional relationship with the seller.

What happens after the seller accepts my FSBO offer?

Once both parties sign the purchase agreement, you enter the contract period. Your next steps include depositing earnest money into escrow, scheduling inspections, completing your mortgage application, and ordering a title search. Your attorney coordinates these steps and monitors all deadlines to keep the transaction on track.

How to Make an Offer on a FSBO Home in Florida

Making an Offer on a FSBO Home: A Guide for Buyers and Sellers

One of the most critical moments in any For Sale By Owner (FSBO) transaction is the offer. Whether you are a buyer writing your first offer or a seller evaluating one, the terms you agree to in the purchase agreement will define the entire transaction, from earnest money to closing day. Getting this step right is essential.

At Barnes Walker, our real estate attorneys draft and review FSBO offers daily. We help both buyers and sellers ensure their purchase agreements are complete, enforceable, and fair. Here is what you need to know.

For Buyers: How to Write a Strong FSBO Offer

1. Research the Market First

Before making an offer, research recent comparable sales (comps) in the neighborhood. Look at homes with similar size, age, condition, and location that sold in the last 3 to 6 months. This gives you a realistic baseline for your offer price. FSBO sellers who priced their home without an agent may have set the price too high or too low.

2. Get Pre-Approved for Financing

A pre-approval letter from your lender tells the seller you are a serious, qualified buyer. In a FSBO deal where the seller is already managing everything without an agent, a strong pre-approval can set you apart from other interested buyers.

3. Draft a Written Purchase Agreement

Never make a verbal offer. Every FSBO offer should be in writing and include:

Legal description of the property (address and parcel ID)
Offer price
Earnest money deposit amount and where it will be held (must be a licensed escrow account)
Financing terms (conventional, FHA, VA, or cash)
Inspection contingency with a defined inspection period (typically 10-15 days)
Financing contingency with a loan commitment deadline
Appraisal contingency
Proposed closing date
Who pays which closing costs
Personal property inclusions (appliances, fixtures, etc.)
Expiration date for the offer

Your attorney should draft or review this agreement before you submit it to the seller. A well-prepared offer demonstrates professionalism and reduces the likelihood of contract disputes later.

4. Present Your Offer

In a FSBO transaction, you present the offer directly to the seller. Include your pre-approval letter, a copy of the signed purchase agreement, and any supporting documentation. Be prepared for the seller to accept, reject, or counter your offer.

For Sellers: How to Handle Offers on Your FSBO Home

Evaluate More Than Just Price

When you receive an offer on your FSBO home, do not focus solely on the purchase price. Consider:

Buyer's financing: Is the buyer pre-approved? Cash offers close faster and with fewer contingencies.
Contingencies: How many contingencies does the offer include? Fewer contingencies mean less risk of the deal falling through.
Closing timeline: Does the proposed closing date work for your schedule?
Earnest money amount: A larger deposit shows the buyer is serious and has more to lose if they default.
Requested concessions: Is the buyer asking you to pay for closing costs, repairs, or warranties?

Respond Professionally

You have three options when receiving an offer: accept, reject, or counter. If you counter, put your terms in writing with a defined expiration date. Your attorney can draft a counteroffer that protects your interests while keeping negotiations moving forward.

Have Your Attorney Review Everything

Before signing any offer or counteroffer, have a FSBO closing attorney review the terms. Even seemingly standard contracts can contain provisions that expose you to liability, unclear deadlines that create legal risk, or missing terms that leave disputes unresolved.

FSBO Negotiation Tips for Both Parties

Stay objective: FSBO sales are personal since the seller lives in the home. Both parties should focus on market data, not emotions.
Respond quickly: Delays in responding to offers or counters can cause the other party to lose interest or pursue other options.
Keep everything in writing: Verbal agreements are not enforceable in Florida real estate transactions. Every term, change, or agreement must be documented.
Use a neutral escrow holder: Both parties should agree on a licensed escrow agent to hold deposits. At Barnes Walker, we serve as a neutral escrow holder for FSBO transactions.
Do not waive contingencies lightly: Inspection and financing contingencies exist to protect both parties. Waiving them increases risk for the buyer and potential liability for the seller.

What Happens After the Offer Is Accepted?

Once both parties sign the purchase agreement, the contract period begins. The typical timeline for a FSBO closing in Florida is 30 to 45 days from executed contract to closing. Key milestones include:

Earnest money deposited into escrow (typically within 3 days)
Home inspection completed (within 10-15 days)
Title search ordered and reviewed
Mortgage underwriting and appraisal completed
Title commitment issued
Closing documents prepared
Closing day: Documents signed, funds disbursed, deed recorded

Your attorney at Barnes Walker manages each of these deadlines and coordinates with all parties to ensure a smooth, on-time closing. Read our full guide on what happens at a FSBO closing.

Let Barnes Walker Handle Your FSBO Offer

Whether you are buying or selling a FSBO home, the offer is the foundation of your entire transaction. Get it right from the start. Our real estate attorneys draft, review, and negotiate FSBO purchase agreements across Florida, protecting your interests and ensuring your contract is legally sound.

Contact Barnes Walker for FSBO Offer Assistance

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Learn more about buying a FSBO home in Florida and our For Sale by Owner services.