Selling a House in Florida 2026: Costs, Disclosure Law & Timeline

The complete FL seller's guide — doc stamps, post-NAR commission rules, what you must disclose by law, the AS IS contract advantage, capital gains exclusion, and what closing day actually costs you.

What Does It Cost to Sell a House in Florida?

The short answer: most Florida sellers net 6–9% less than their sale price after all costs are factored in. On a $400,000 sale, that's $24,000–$36,000 leaving the table before you see a dollar. Knowing where those costs come from — and which ones are negotiable — puts you in a better position before you ever sign a listing agreement.

Agent Commission — What Changed After the NAR Settlement

Before August 2024, the standard practice in most FL markets was for the seller to pay a combined commission (e.g., 5–6%) that covered both the listing agent and the buyer's agent. The NAR settlement changed the rules: sellers are no longer automatically responsible for paying the buyer's agent's compensation, and buyer's agent commission can no longer be advertised through the MLS as a mandatory seller offer.

In practice, the FL market in 2026 looks like this:

• Listing (seller's) agent commission: Typically 2.5%–3% of the sale price. This is negotiable — there is no fixed rate. Flat-fee and discount listing models also exist.
• Buyer's agent commission: Sellers can offer 0%–2.5% to attract buyer's agents. Many sellers still offer 2%–2.5% to remain competitive, especially in price ranges where buyers are working with agents and may not have the cash to pay their agent separately. Offering nothing to buyer's agents is legal but may reduce your buyer pool.
• Bottom line: Total commissions today are more varied — some transactions close at 4% total, others at 5.5% or more. Discuss the competitive implications with your listing agent before deciding what to offer.

Florida Documentary Stamp Tax on the Deed

Florida imposes a documentary stamp tax on deeds at the rate of $0.70 per $100 of the sale price (rounded up to the nearest $100). This is paid at closing and is typically the seller's responsibility in most Florida counties per local contract custom:

Title Insurance — Owner's Policy

In most Florida counties, the seller pays for the owner's title insurance policy as part of closing. This is a significant cost: title insurance in FL is a one-time premium set by the state rate schedule, roughly $5.75 per $1,000 for the first $100,000, stepping down in tiers for higher amounts. On a $400,000 sale the owner's policy runs approximately $1,900–$2,200. Who pays for title insurance is ultimately a contract negotiation — in some markets (particularly South FL) buyers negotiate for seller to cover this; in others the buyer takes it. Know your local custom going in.

Full Seller Closing Cost Breakdown

Here is what a typical FL seller pays at or before closing:

Florida Seller Disclosure — What the Law Requires

Florida follows the landmark case Johnson v. Davis, 480 So.2d 625 (Fla. 1985), which established that a seller of residential property has a legal obligation to disclose all known facts that materially affect the value of the property and that are not readily observable or known to the buyer.

This is an affirmative duty — you cannot stay silent and hope the buyer doesn't find something. Items that must be disclosed if known include:

• Roof leaks, past or present
• Water intrusion, flooding history, or moisture issues
• Mold — current or history of remediation
• Structural issues (foundation, load-bearing walls, settling)
• Chinese drywall (homes built 2001–2008 in particular)
• Unpermitted additions, conversions, or work
• Active or pending HOA special assessments and pending HOA litigation
• Known environmental hazards (lead paint in pre-1978 homes — federal requirement; contaminated soil; radon — FL is a moderate radon state)
• Any pending liens, code violations, or open building permits

The FAR Seller's Property Disclosure Form

The Florida Association of Realtors (FAR) provides a standardized Seller's Property Disclosure form. It is not legally required by statute, but it is standard practice and strongly recommended. Completing it honestly and fully serves as evidence that you discharged your disclosure duty. Leaving it blank or incomplete can actually work against you — it looks like you're hiding something.

For a full breakdown of what FL law requires sellers to disclose, see our dedicated guide: Florida Seller Disclosure Requirements →

The AS IS Contract — A Seller's Best Friend (If Used Correctly)

Florida's AS IS Residential Contract for Sale and Purchase is the dominant contract form in many FL markets, and it generally favors sellers. Here is what it means in practice:

What AS IS Means for the Seller

• No repair obligation: You are not required to make any repairs, regardless of what the inspector finds. The buyer accepts the property in its current condition.
• Avoids the repair rabbit hole: In a standard contract, a buyer's inspection report can open weeks of negotiation over repair credits, replacement demands, and re-inspections. AS IS eliminates this.
• Buyer retains the right to cancel: The tradeoff is that the buyer can cancel the contract for any reason during the inspection period (typically 10–15 days) and receive their full earnest money deposit back. This means sellers may see more contract-cancel cycles on AS IS listings.
• Buyer waives repairs but not disclosure: Once the inspection period passes, the buyer has accepted the property — but the seller still had to truthfully disclose all known defects at the time of contract.

Timeline: From Listing to Closing in Florida

A typical FL home sale takes 45–90 days from listing to close. Here is how that breaks down:

Pre-Listing Preparation — Don't Skip This

The condition and presentation of your home at listing day sets your price ceiling. Buyers form opinions in the first 15 seconds of photos and the first 30 seconds of walking in. Pre-listing priorities for FL homes:

• Professional photography: Non-negotiable in the FL market. Listings without professional photos are penalized in online search rankings and generate fewer showings. A good photographer costs $150–$300 and routinely adds thousands to your effective net.
• Declutter and depersonalize: Buyers need to see their life in the space. Pack early.
• Address the obvious: Fresh paint where needed, working fixtures, clean grout, trimmed landscaping. Buyers in FL pay attention to the exterior and first impression given the climate.
• Pre-listing 4-point inspection: Know what a buyer's inspector will find before they do. A 4-point (roof, HVAC, electrical, plumbing) runs $125–$200 and gives you weeks to address issues or price them in — instead of finding out at the worst possible moment.
• Wind mitigation report: Florida insurance costs are a major buyer concern. A wind mit report ($75–$150) documents your home's hurricane-resistant features and lets buyers get accurate insurance quotes before making an offer — removing a common last-minute obstacle.

Pricing Strategy — The FL Market in 2026

The FL real estate market in 2026 is significantly more balanced than the frenzy of 2021–2022. Inventory has increased in most markets. Days on market have lengthened. Buyers are more cautious, more inspection-active, and have more leverage than they did three years ago.

What this means for sellers: accurate pricing from day one matters more than ever. Overpriced listings accumulate days on market, accumulate price reductions, and ultimately sell for less than they would have at the right price from the start — because buyers see "90 days on market" and assume something is wrong. Your listing agent should provide a Comparative Market Analysis (CMA) based on recent comparable sales. Trust the data.

Capital Gains Tax on a Florida Home Sale

Good news for FL sellers: Florida has no state income tax and no state capital gains tax. Zero. Whatever gain you realize on the sale is subject only to federal tax rules.

The §121 Primary Residence Exclusion (Federal)

Under IRC §121, if the home you are selling was your primary residence for at least 2 of the last 5 years, you can exclude a significant amount of gain from federal capital gains tax:

Example: You and your spouse bought a FL home in 2018 for $250,000 and sell it in 2026 for $600,000. Your gain is $350,000. Under §121, you exclude up to $500,000 — so your taxable gain is $0. No federal capital gains tax owed.

If your gain exceeds the exclusion, the amount above the threshold is taxed at long-term capital gains rates: 0%, 15%, or 20% depending on your taxable income for the year. High earners may also owe the 3.8% Net Investment Income Tax (NIIT) on gains above the exclusion.

1031 Exchange — Investment Property Option

If you are selling an investment or rental property in Florida, a 1031 like-kind exchange under IRC §1031 allows you to defer capital gains (and depreciation recapture) by reinvesting the proceeds into a replacement property within strict timelines: 45 days to identify the replacement, 180 days to close. The exchange must be set up through a Qualified Intermediary (QI) — you cannot take receipt of the funds yourself. A 1031 is not available for primary residences.

Your SOH Portability — Don't Leave It Behind

When you sell your Florida homesteaded property, the new buyer's assessed value resets to full market value — your years of Save Our Homes (SOH) protection do not transfer with the deed. However, your SOH benefit is not lost — you can port it to your next FL home.

• File Form DR-501T (Transfer of Homestead Assessment Difference) with your new county's property appraiser when you apply for your new homestead exemption.
• The portability window is two tax years from the year you sell your prior homestead. Sell in 2025? Your new homestead must be established by January 1, 2027 to qualify.
• The deadline to file the new homestead exemption (and DR-501T along with it) is March 1 of the year following your purchase. Close on your new home in December 2026 — file by March 1, 2027.
• The maximum portable SOH benefit is $500,000. Moving to a less expensive home? The benefit is pro-rated proportionally.

Unpermitted Work — A Common FL Seller Problem

Florida is aggressive about permitting, and buyers, lenders, inspectors, and appraisers all check permit records. Most FL county permit records are publicly searchable online. If you added a room, converted a garage, installed a pool, built a deck, replaced a roof, or made any structural or electrical change without a permit — expect it to surface.

Options if you have unpermitted work:

• Permit it retroactively before listing: Pull a permit now, have it inspected, get it closed out. This is the cleanest path and removes a potential deal-killer. Costs vary but is often worth it.
• Disclose it and price accordingly: Honest disclosure allows buyers to make an informed offer. Trying to hide it and having it discovered by the inspector or appraiser is far worse — it can void a contract and expose you to legal liability.
• AS IS listing with disclosure: Selling AS IS with the unpermitted work disclosed and priced in is a legitimate strategy — but the buyer's lender may still reject the property if the work affects livability or the appraisal.

FSBO — For Sale By Owner in Florida

There is no legal requirement to use a real estate agent to sell a home in Florida. Selling FSBO is legal and, done correctly, can save you the listing agent commission. Here is the realistic assessment:

What FSBO Can Save

If you would have paid 2.5% to a listing agent on a $400,000 sale, FSBO saves you $10,000. That is real money — but only if you execute the sale well.

What FSBO Requires

• Accurate pricing: Without a CMA from an agent, most FSBOs overprice (or underprice) their home. Consider paying for a professional appraisal ($400–$600) to establish a defensible list price.
• Legal compliance: You must comply with all FL disclosure laws. The FL Bar provides standard contract forms, but completing them correctly requires real knowledge of real estate contract law. Errors can expose you to significant liability.
• MLS access: Without an MLS listing, you lose access to the majority of buyers working with agents. Consider a flat-fee MLS listing service ($300–$500) to get MLS exposure while handling the transaction yourself.
• Negotiating against agents: Buyer's agents negotiate deals for a living. If you are a first-time FSBO seller and the buyer has an experienced agent, that is an information and experience asymmetry. Know the contracts.
• Closing agent: You still need a FL-licensed title company or real estate attorney to handle the closing. Budget $800–$1,500 for closing services even on a FSBO.

Pre-Listing Must-Dos in Florida

Before you sign a listing agreement or put a sign in the yard, work through this list:

1. Get your own 4-point inspection. Know the condition of your roof (age, material, condition), HVAC (age, working properly), electrical (panel type — watch for Zinsco/Federal Pacific panels which are red flags), and plumbing (galvanized pipe, polybutylene, or copper). Surprises cost you money and time; anticipating issues saves both.
2. Get a wind mitigation report. Cost: $75–$150. Value: Allows buyers to get accurate FL home insurance quotes before making an offer. Given how much FL insurance costs have risen, this removes a common last-minute "the insurance was too expensive" cancellation excuse.
3. Check for unpermitted additions. Search your county's permit records online (searchable in every major FL county). If you know about unpermitted work, disclose and address it before listing.
4. Confirm your homestead exemption status. If you have homestead, verify it is current and active with your county property appraiser. Know your assessed value vs. market value gap — this tells you how significantly the buyer's taxes will increase after purchase, which is information sophisticated buyers will be researching anyway.
5. Contact your HOA. If your home is in an HOA, request your own estoppel letter and review it — look for pending special assessments, dues increases, or active litigation. These must be disclosed. The closing agent will order a formal estoppel from the HOA; you want to know what it will say before it appears in the buyer's hands.
6. Order a payoff statement from your lender. Know exactly what you owe — including any prepayment penalty — so you can calculate your net accurately. Payoff amounts include interest through the expected closing date.

Post-Closing Obligations for FL Sellers

Closing day is not the last thing you do. Here is what comes after:

Leave the Property "Broom Clean"

The Florida AS IS Residential Contract requires sellers to deliver the property in "broom clean" condition — meaning swept out, free of debris, and with all personal property removed unless specifically agreed to remain. This does not mean "hotel clean," but it means not leaving trash, stored items, or furniture behind.

Deliver Keys, Remotes, and HOA Documents

All door keys, garage remotes, mailbox keys, pool keys, gate clickers, and alarm codes must be delivered at closing (typically left with the closing agent or at the property for the buyer on a funded closing). HOA documents — if you have them — should also be provided, although the HOA is required to provide a disclosure package to the buyer directly.

Keep Utilities in Your Name Through Closing

Do not cancel utilities before closing. The buyer needs to perform a final walkthrough with working electricity, water, and AC. Cancel or transfer utilities effective the day of closing, not before.

Wire Fraud — Verify Before You Receive

This is critical. Wire fraud targeting real estate transactions has increased sharply, and FL closings — where sellers are often receiving large wire transfers — are a frequent target. Before closing, call your closing agent directly using a phone number you verified independently (not from an email) to confirm the wiring instructions for any funds flowing to you. Never follow wire instructions received only by email. A single fraudulent wire to the wrong account can be impossible to recover. Verify. Every time.

Seller's Pre-Closing Checklist

• ☐ Interview and select listing agent; review net sheet before signing listing agreement
• ☐ Order 4-point inspection and wind mitigation report
• ☐ Check county permit records for any open or unpermitted work
• ☐ Complete FL Seller's Property Disclosure form honestly and fully
• ☐ Request payoff statement from your lender (or mortgage servicer)
• ☐ Contact HOA for preliminary estoppel / dues / assessment status
• ☐ Professional photos scheduled before listing goes live
• ☐ Declutter, deep clean, address cosmetic repairs
• ☐ Verify list price with CMA — do not rely on Zestimate or gut feel
• ☐ After contract: confirm timeline for inspection period, appraisal, and closing
• ☐ Call (do not email) closing agent to verify wire instructions before transfer
• ☐ Arrange to leave property broom clean and deliver all keys/remotes
• ☐ If moving to new FL home: plan to file DR-501T for SOH portability by March 1