Guide · November 9, 2026
Selling a house without a realtor in Florida: the notices, the deed and the closing
Florida lets an owner sell their own house with no license and no agent. The law still asks for the same papers as in any sale: four written notices before the contract, a deed signed in front of two witnesses, and a tax on the deed. This page lists each one, in the order you need it.
Key points
- Florida's real estate license law does not cover an owner who sells their own property (section 475.011(2)). You may sell with no agent.
- Before the buyer signs, Florida law asks for a radon notice, a property tax summary and a flood disclosure, plus an HOA summary if the house is in an HOA.
- If the HOA summary comes after the contract, the buyer may cancel within 3 days of getting it or before closing, whichever comes first (section 720.401).
- A Florida deed is signed in front of two witnesses (section 689.01) and a notary (section 695.03) before the clerk will record it.
- The deed tax is 70 cents for each $100 of the price (section 201.02), or $2,100 on a $300,000 sale. The state can collect it from either side.
- A sale to BIMINIO is a sale with no agent on either side. We pay the closing costs, and our cash offer is below full market value.
Can you sell a house in Florida without a realtor?
Yes. Florida's real estate license law lists the people it does not cover, and section 475.011(2) names any person or company that sells its own real property. You need no license to sell your own house, and you need no agent.
The same chapter says it does not require a customer to enter into a brokerage relationship with any real estate licensee (section 475.278). So the choice is yours. You can list with an agent, sell by owner, or sell to a buyer who contacts you directly.
What changes when you sell by owner is who does the work. An agent sets a price, writes ads, opens the door for showings, carries offers and replies between the two sides, and follows the papers to closing. Without one, you do those jobs, and a title company or a lawyer does the closing work. The rest of this page covers the parts Florida law decides.
The notices a Florida buyer gets before signing
Florida law puts four written notices in front of the buyer before or when the contract is signed. Three apply to almost every house. The fourth applies to a house in a homeowners association. A fifth, the lead paint disclosure, comes from federal rules and applies to most houses built before 1978.
Many printed contract forms already carry some of these notices. If you write your own contract, or use a short form from the internet, check each one below and attach any that are missing.
| Notice | When the buyer gets it | Law |
|---|---|---|
| Radon gas notice | On at least one paper signed at or before the contract | Section 404.056(5) |
| Property tax disclosure summary | At or before the contract; the seller gives it unless the contract has it | Section 689.261 |
| Flood disclosure | At or before the contract; the seller completes it | Section 689.302 |
| HOA disclosure summary | Before the contract, for a house in an HOA | Section 720.401 |
| Lead paint disclosure | Before the contract, for most houses built before 1978 | Federal rule, described by the EPA |
The radon notice and the property tax summary
The radon notice is a fixed paragraph. Section 404.056(5) gives its exact words: radon is a gas that occurs in nature, it may present health risks when it builds up in a building, levels above federal and state guidelines have been found in buildings in Florida, and the county health department has more information. Copy the words from the statute. The section asks for the notice, and the notice points the buyer to the county health department for testing.
The property tax disclosure summary warns the buyer that their tax bill may differ from yours. Its text, from section 689.261, tells the buyer not to rely on the seller's current property taxes, because a change of ownership or new improvements trigger a new assessment that could raise the taxes. If the summary is a separate page, the contract must refer to it and tell the buyer, in prominent words, not to sign until they have read it.
The same section adds a rule for listing websites from February 1, 2027. A house shown on a public listing platform must show estimated property taxes, and the estimate may not use the current owner's taxes. If you list on a by owner website, expect it to show a tax figure you did not enter.
The Florida flood disclosure
A Florida seller of a home must fill in a flood disclosure and give it to the buyer at or before the time the contract is signed (section 689.302). The form starts with a reminder that homeowners' insurance does not cover flood damage. Then it asks the seller three things:
- Whether you know of any flooding that damaged the property while you owned it.
- Whether you filed an insurance claim for flood damage, including a claim with the National Flood Insurance Program.
- Whether you received help for flood damage, including help from FEMA.
Read the post: storm damage claim deadlines before you sell in Florida →
What the flood form counts as flooding
The form defines flooding as water covering part or all of the property from one of three causes: rivers, lakes or the sea rising over their banks; a fast build up of runoff or surface water from a river, stream or drainage ditch; or standing water that stays after long periods of rain.
Answer from what you know, and keep your insurance claim papers ready. If you received a FEMA grant or paid a flood claim, the buyer may ask for the file. A clear answer on the form helps the sale move, because a buyer who finds a claim later may have a reason to dispute the sale.
A house in an HOA: the summary and the 3 day right
If buying your house makes the buyer a member of a homeowners association, section 720.401 says the buyer must receive a disclosure summary before signing the contract. The summary says the buyer must join the association, that recorded rules govern the use of the property, and how much the dues and any special assessments are today.
Timing matters here. The contract must carry a clause in conspicuous type saying that if the buyer did not get the summary before signing, the buyer may cancel by written notice within 3 days after receiving it, or before closing, whichever comes first. Any waiver of that right has no effect. Give the summary first and you avoid the risk.
Later in the sale, the title company asks the association for an estoppel certificate, which states what is owed on your lot. Section 720.30851 caps its fee at $250, plus $100 for a rush. Order it early.
Read the post: HOA papers and fees when you sell →
Telling the buyer about problems you know
The duty to tell the buyer about problems comes from the courts. In Johnson v. Davis (1985), the Florida Supreme Court held that where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer.
So if you know about a problem that lowers the value, and the buyer cannot see it, tell the buyer in writing. Old roof leaks, a cracked slab, a past flood or an open permit are common examples. An agent would ask you these questions on a form. Without one, write them down yourself and keep a signed copy.
Some facts need no disclosure. Section 689.25 says a death, suicide or homicide on the property, and an occupant's HIV or AIDS, are not material facts that must be disclosed.
Read the guide: selling as is and what to tell the buyer →
The Florida deed: two witnesses and a notary
A deed is the paper that moves the house from you to the buyer. Florida asks more of a deed than many states do. Section 689.01 says a transfer of land must be in writing and signed in the presence of two subscribing witnesses. Section 695.03 says the signature must be acknowledged before a notary or another officer before the deed can be recorded.
Section 695.26 then lists what the clerk checks before recording:
- The printed name and post office address of each person who signed, under each signature.
- The name and address of the person who prepared the deed.
- The printed name and post office address of each witness, under each witness signature.
- The printed name of the notary, under the notary's signature.
- A blank space of 3 inches by 3 inches at the top right of the first page, and 1 inch by 3 inches on each later page, for the clerk.
- The name and post office address of each buyer.
Who prepares the deed and runs the closing
In a sale by owner, most sellers hire a Florida title company or a real estate lawyer to prepare the deed and run the closing. The title company searches the county records, issues the title policy, holds the buyer's earnest deposit, pays your mortgage from the price, records the deed and sends you the rest. A missing witness name or a wrong address can send the deed back from the clerk, so a professional is worth the fee here.
The person who runs the closing also reports the sale to the IRS on Form 1099-S. The IRS instructions put that duty first on the person responsible for closing, such as the settlement agent, the buyer's lawyer or the seller's lawyer, or the title company that pays out the money. With no one in that role, the duty falls in order on the buyer's mortgage lender, your broker, the buyer's broker, and then the buyer. In a sale with no agents and no closing company, that can leave the buyer filing a form they have never seen.
Read the guide: what happens at closing →
The Florida deed tax
Florida taxes every deed at 70 cents for each $100 of the price, or part of $100 (section 201.02). In Miami-Dade County the rate on a single-family home is 60 cents. On a $300,000 sale the tax is $2,100.
The contract says who pays it. The Florida Department of Revenue says all parties to the deed are liable for the tax, whichever side agreed to pay, so write the payer into the contract.
Read the guide: seller closing costs in Florida, line by line →
A Florida sale by owner, step by step
These are the steps in the order most by owner sales follow them.
- Pull your loan payoff figure and your HOA dues, so you know the least you can accept.
- Price the house from recorded sales near you.
- Prepare the radon notice, the property tax summary, the flood disclosure, the HOA summary and, for an older house, the lead paint form.
- Write down every problem you know of, for the buyer.
- Advertise and show the house.
- Check the buyer's proof of funds or loan approval before you sign.
- Sign a written contract, with the notices attached.
- Open the file with a title company or lawyer, which takes the earnest deposit.
- Read the closing statement, sign the deed before two witnesses and a notary, and receive your money.
Selling to BIMINIO in Florida
BIMINIO buys houses for cash in Tampa, Miami, Orlando and Lakeland. A sale to us has no agent on either side, so there is no commission. We pay the closing costs, a licensed title company handles the paperwork, and you pick the closing date, from 7 to 35 days after you accept.
A cash offer is below full market value. Selling by owner on the open market may bring a higher price, with more work and more time. Compare what you keep both ways before you decide.
See how we buy houses in Tampa →
Want a number to compare? BIMINIO buys in Florida and Arizona, as is, with no agent and no commission, and pays the closing costs. A written offer comes within 24 hours.