Selling a home in Florida

Transfer tax

Florida charges a documentary stamp tax on deeds of 70 cents per $100 of the sale price (Miami-Dade County: 60 cents per $100, plus a 45 cent per $100 surtax that does not apply to single-family homes). All parties to the deed are legally liable, but in most residential sales the seller customarily pays the tax on the deed and the parties can negotiate otherwise in the contract.

Local add-ons: Miami-Dade County uses a 60 cent base rate plus a 45 cent per $100 surtax on sales other than single-family homes.

Source: Florida Department of Revenue, Documentary Stamp Tax

Seller disclosure

Florida has no general statutory seller disclosure form. Instead, under the Florida Supreme Court case Johnson v. Davis (1985), a home seller who knows of facts that materially affect the property's value, are not readily observable, and are not known to the buyer has a duty to disclose them. Separate statutes do require specific written disclosures, including a property tax disclosure summary and a flood disclosure.

Source: Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), opinion text

Who handles the closing

In Florida, either a licensed title agent or an attorney may handle a real estate closing, and an attorney is not legally required. Many closings are handled by title agencies, and the consumer may choose the title agent or attorney.

Source: Florida Department of Financial Services, Title Insurance consumer guide

Also worth knowing

Sellers of residential property must give buyers a written flood disclosure at or before the time the sales contract is signed, covering known past flood damage, flood insurance claims, and federal flood disaster assistance received.

Source: Florida Statutes section 689.302

Also worth knowing

Sellers of residential property must give buyers a property tax disclosure summary at or before contract signing, warning that the buyer's taxes may be higher than the seller's because a sale can trigger reassessment.

Source: Florida Statutes section 689.261

Also worth knowing

The documentary stamp tax on the deed is often the largest government fee a Florida seller pays. By custom it usually falls on the seller, but who pays is negotiable in the purchase contract.

Source: EPGD Business Law, The Documentary Stamp Tax (secondary source)

Checking an agent's license

Real estate agents in Florida are licensed by the Florida Real Estate Commission (Department of Business and Professional Regulation). You can look up any agent before you work with them.

Florida Real Estate Commission (Department of Business and Professional Regulation) license lookup