FSBO Guide
Complete guide to selling FSBO in Florida. Save thousands in commissions with tips, legal requirements, and cash alternatives.
Yes. Florida Statute 475 does not require property owners to use a licensed agent. You can market, negotiate, and sell directly to a buyer. The only legal requirement is that a licensed title company or real estate attorney handles the closing and title transfer. This applies to all property types - homes, condos, commercial, land, multi-family, and mobile homes.
The FSBO process: (1) Determine property value using comparable sales from the last 6 months within 1 mile. (2) Prepare the property - clean, declutter, professional photography sells 32% faster. (3) List on the MLS via flat-fee service ($200-$500 in Florida). (4) Market on Zillow, Facebook Marketplace, Craigslist, and local groups. (5) Handle all showings and inquiries within 2 hours. (6) Negotiate offers considering price, financing type, contingencies, and timeline. (7) Open escrow with a title company. (8) Close and receive funds via wire or check.
Traditional sellers pay 5-6% commissions ($17,500-$21,000 on $350K). FSBO eliminates the listing agent commission (2.5-3%), saving $8,750-$10,500. You may still offer buyer agent commission. Additional FSBO costs: flat-fee MLS ($200-$500) and optional attorney ($500-$1,500). Net savings: $7,000-$10,000 on a typical sale.
Pricing mistakes (NAR reports FSBO homes sell 23% less), legal liability (you bear full disclosure responsibility), limited buyer pool (some agents avoid FSBO, 10-30% fewer showings), negotiation disadvantage against experienced buyer agents, and significant time investment (20-40 hours). These risks are manageable with preparation but real.
When you need speed (7-14 days vs 90-180), the property needs major repairs, you want zero hassle, the property has complications (liens, code violations, tenants, probate), or you are selling commercial, land, or multi-family (extremely difficult to FSBO). Cash eliminates all friction of FSBO.
Florida does not require an agent, but the contract still needs the statutory notices: radon gas under section 404.056(5), Florida Statutes and the property tax disclosure under section 689.261, Florida Statutes, plus the federal lead-based paint disclosure rule for homes built before 1978. Most private sellers use a title company or real estate attorney to hold the deposit in escrow, run the title search, prepare the deed and collect documentary stamp tax.
Ask for proof of funds for a cash purchase or a lender preapproval for a financed one, put the earnest money deposit with the title company or attorney rather than accepting it personally, and read the contingencies and deadlines carefully, since they decide when the buyer can walk away. Never send money to a buyer, and confirm wiring instructions by phone with the title company.
General information about Florida law, not legal or tax advice. Confirm your situation with a Florida attorney or tax professional.
Not legally required, but strongly recommended ($500-$1,500) to review your purchase agreement and disclosures. The title company handles closing mechanics.
Use a flat-fee MLS service like Houzeo or Beycome ($200-$500) to appear on Zillow, Realtor.com, and Redfin without paying full commission.
90-180 days typically, compared to 60-90 with an agent. Correct pricing from day one reduces time significantly.