Florida Real Estate Purchase Contract

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A Florida real estate purchase contract is a written property sale agreement. It records the buyer, the seller, the property, the price, the earnest money and the closing date. Buyers and sellers in a private sale use it, especially without a real estate agent.

Use the template on this page to enter the details of both parties, the earnest money and the closing terms online. Then download it as a PDF or Word file, print it and keep a signed copy for your records.

Florida real estate purchase contract form

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What Is a Florida Real Estate Purchase Contract?

A Florida real estate purchase contract is the document in which a buyer and a seller set out the property, the price and the terms of the sale before closing. It puts the whole deal in writing, so both sides refer back to the same pages whenever a question comes up.

The contract records:

  • Who is buying and who is selling.
  • Which property changes hands.
  • The price and how it will be paid.
  • The earnest money and who holds it.
  • The conditions the sale depends on, such as an inspection or a loan.
  • The timing that both sides agreed on.

Offer to Purchase or Purchase Contract?

An offer to purchase real estate is the buyer's written proposal, and a purchase contract is the same set of terms once the seller accepts them in writing. In a private sale, the buyer often fills in this template as the offer, and the seller signs it to accept or sends back a counteroffer with changed terms.

The same form works for both steps. Keep each version the parties exchange, so it is clear which terms were the last ones both sides signed.

Earnest Money

Earnest money is a deposit that the buyer makes to show a serious interest in the purchase. The contract gives the amount, the person or company that holds it, the date the buyer pays it and what happens to it if the sale does not close. The parties agree on all of these terms themselves, so write them out in full rather than leaving them to a later talk.

For more templates of this kind, see the printable real estate sales contract page and the full list of purchase agreement forms.

Using the Contract for a Private Sale (FSBO) in Florida

A for sale by owner (FSBO) deal in Florida uses the same purchase contract, but the buyer and the seller fill it in themselves instead of an agent preparing it. Without an agent, each side checks the terms on its own, so the written contract carries more of the work.

In a private sale, the parties usually decide these points together:

  • Who writes the first offer and the date by which the seller answers it.
  • Which title company, closing agent or attorney will hold the deposit and run the closing.
  • Who orders and pays for the title search, the title insurance and the survey.
  • Who pays any special assessments that come due before closing.
  • How repairs are handled if an inspection finds a problem, such as termite damage.
  • When the buyer takes possession of the property.

A neutral party holding the earnest money protects both sides: the buyer does not pay the seller directly, and the seller knows the funds exist. Name that party in the contract.

A buyer who wants to request an offer on Florida land, or a seller who receives one, uses the same template. Mark the property type as "Other" and describe the land with its legal description and parcel number.

What Should a Florida Real Estate Purchase Contract Include?

A Florida real estate purchase contract names the buyer and the seller, describes the property, and sets the price, the earnest money and the closing terms. The template follows that order, so you can fill it in from top to bottom.

FormsPal offers a high-resolution PDF template that you can customize and complete online. Residential and commercial contracts share these parts:

  1. The seller's and the buyer's legal names and mailing addresses, with the unit number, street, city, state and ZIP code.
  2. The effective date of the agreement.
  3. The property type and its legal description. The template lists these types:
    • Single-family house
    • Condo
    • Duplex
    • Triplex
    • Planned Unit Development
    • Commercial property
    • Other
  4. The purchase price and the method of payment.
  5. The earnest money amount and its holder.
  6. Financing terms, if the buyer takes a loan.
  7. The condition of the property and the inspection terms.
  8. Title details: who provides title insurance and how title problems are fixed.
  9. Items that stay with the property, such as light fixtures and appliances.
  10. The closing date, the closing agent and who pays which closing costs.
  11. The disclosures attached to the contract.
  12. The parties' signatures, printed names and dates.

How to Fill Out a Florida Real Estate Purchase Contract

Fill out a Florida real estate purchase contract by entering the parties and the property first, then the price and the deposit, then the dates, conditions and disclosures. Both parties sign it last. Follow these steps in the template:

  1. Enter the full legal names and mailing addresses of every buyer and seller, spelled as on their IDs.
  2. Enter the property address and copy the legal description from the current deed.
  3. Mark the property type.
  4. Write the purchase price and how the buyer will pay: cash, a mortgage loan or seller financing.
  5. Enter the earnest money amount, its holder and the date the buyer pays it.
  6. Set the effective date, the inspection period, the loan approval date and the closing date.
  7. List the fixtures and appliances that stay with the property.
  8. Add the conditions the sale depends on, such as an inspection, a loan or an appraisal.
  9. Attach the seller's disclosures and any addenda the parties signed.
  10. Print your names, sign and date the contract, and initial any page the form asks you to.

Information to Have Ready Before You Start

Having the details ready makes the template much quicker to complete. Collect these items before you click Create My Document, and check each spelling against an ID or the current deed.

  • The full legal names and mailing addresses of the buyers and the sellers.
  • The property address and the legal description from the current deed.
  • The agreed purchase price and how the buyers plan to pay, such as cash or financing.
  • The earnest money amount and the name of the person who will hold it.
  • The target closing date, which is the day ownership changes hands.
  • The contact details of the title company or closing agent.
  • Loan details, if the purchase uses financing.
  • The latest property taxes and HOA information.
  • Copies of the disclosure documents and any inspection reports you already have.

For example, Anna Baker buys 123 Main Street from Ben Carter. Anna and Ben enter their names exactly as they appear on their IDs. They write the price on the price line. They list the earnest money and the closing date. Then they read every page together.

Tip: Save your progress in the editor and finish later on any device. Come back once your lender or title company sends the missing numbers.
Read the whole contract before you sign it. If a term is unclear, ask a Florida real estate attorney to explain it.

Common Mistakes to Avoid

Most problems with a purchase contract come from small slips, not big disagreements. Check the points below before you sign, and ask your agent or attorney if you are unsure about any of them.

  • Names that do not match the IDs or the deed.
  • A purchase price that differs between the contract and the offer.
  • Blank lines left empty instead of marked as not applicable.
  • No named holder for the earnest money.
  • Missing initials or dates next to the signatures.
  • Disclosure documents that you meant to attach but left out.
  • No signed copy saved for your records.

Required Seller Disclosures in Florida

A Florida seller gives the buyer written disclosures with the purchase contract: a flood disclosure and a property tax disclosure summary when the property is residential, and a radon gas notification for any building (Fla. Stat. 689.302, Fla. Stat. 689.261 and Fla. Stat. § 404.056(5)). The table shows each one with the statute behind it.

These three notices are not a full list of what a seller discloses. A seller who knows of a defect that affects the home's value and is not easy to see should raise it too, and a Florida real estate attorney can say what else your seller has to tell you.

DisclosureWhen it applies and when it is dueStatute
Flood disclosureWhen the property is residential real property: the seller completes and provides it at or before the time the sales contract is executedFla. Stat. 689.302
Property tax disclosure summaryWhen the property is residential: presented to the buyer at or before execution of the contract for sale, and attached to it unless the contract includes a substantially similar summaryFla. Stat. 689.261
Radon gas notificationAny building: on at least one document, form, or application executed at the time of, or prior to, the contract for sale and purchase, only in the wording the statute setsFla. Stat. § 404.056(5)

Flood Disclosure

When the property is residential real property, the seller must complete and provide a flood disclosure to the purchaser at or before the time the sales contract is executed, under Fla. Stat. 689.302. The statute also prescribes the form: where it applies, the disclosure is made in the form headed "FLOOD DISCLOSURE" that Fla. Stat. 689.302 sets out.

Property Tax Disclosure Summary

When the property is residential, the buyer must be presented a disclosure summary at or before execution of the contract for sale, under Fla. Stat. 689.261. Unless the contract already includes it, the seller provides the summary (Fla. Stat. 689.261).

Unless a substantially similar disclosure summary is included in the contract for sale, a separate disclosure summary must be attached to it, under Fla. Stat. 689.261. If the summary is not included in the contract, the contract must refer to and incorporate it by reference and include, in prominent language, a statement that the buyer should not execute the contract until he or she has read the summary (Fla. Stat. 689.261).

Radon Gas Notification

The radon gas notification goes on at least one document, form, or application executed at the time of, or prior to, the contract for sale and purchase of any building, under Fla. Stat. § 404.056(5). The statute sets the words the notification contains:

"RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department."

What a Seller Does Not Have to Disclose

Under Fla. Stat. 689.25(2), a cause of action shall not arise against an owner, the owner's agent, the buyer's agent or a person licensed under chapter 475 for the failure to disclose that the property was or was suspected to have been the site of a homicide, suicide, or death. The same section, Fla. Stat. 689.25(2), covers the failure to disclose that an occupant of the property was infected with human immunodeficiency virus or diagnosed with acquired immune deficiency syndrome.

Other Disclosures That May Apply

Other disclosures may apply to your sale beyond the three notices above, and some of them are mandatory rather than optional. They commonly concern lead-based paint in an older home, a homeowners' association, a condominium and a coastal location. This page does not cover their terms, so before you sign, ask a closing agent or a Florida real estate attorney which of them the seller has to give.

Florida Commercial Real Estate Contract

A Florida commercial real estate contract uses the same core terms as a residential one: the parties, the property, the price, the deposit and the closing. It adds terms for the business side of the property, such as zoning, existing tenant leases, environmental reports and a longer due diligence period.

Points a commercial buyer and seller usually settle in writing:

  • The permitted use of the property and its current zoning.
  • Leases, rent rolls and tenant deposits that pass to the buyer.
  • Service and maintenance contracts that end or continue.
  • Access for inspections, surveys and environmental reports.
  • The right to cancel if the due diligence turns up a problem.

The radon gas notification of Fla. Stat. § 404.056(5) covers the sale of any building, so it applies to a commercial building too. The flood disclosure of Fla. Stat. 689.302 applies when the property is residential real property. The property tax summary of Fla. Stat. 689.261 applies when the property is residential. Many commercial sellers bring in a broker or an attorney, and the parties can still start from this template.

When You Need a Different Document

This purchase contract fits a sale where the buyer pays the price at closing and takes title then. Other deals call for a different document:

  • Lease purchase agreement: the buyer rents the home first and buys it later on agreed terms.
  • Contract for deed: the seller finances the purchase and keeps title until the buyer pays in full.
  • Buy-sell agreement for an LLC: the members set what happens to a share when one of them leaves; it does not sell land.
  • Intent to purchase or letter of intent: a short outline of terms before a full contract, common in commercial deals.

What Happens After Both Parties Sign

After both parties sign the purchase contract, the buyer pays the earnest money to the named holder, and the closing agent starts the title work. The inspection, loan and appraisal steps follow on the dates the contract sets.

Each party keeps a complete signed copy. Store the contract, any attached disclosures and your payment receipts together so they are easy to find at closing. Share a copy with your lender or title company if they ask for one.

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Create a free high quality Florida Real Estate Purchase Contract online now!

Frequently Asked Questions

Can I print the contract?

Yes. After you create the document, you can save it, print it or download it as a PDF or Word file. Print it on regular paper, go through it with the other party and keep a signed copy for your records.

How do I create a Florida real estate purchase contract?

Click Create My Document at the top of this page and answer a few questions. You can save your progress and finish on any device. If you download the PDF instead, you can fill it in with the FormsPal PDF editor.

Can I use this template without a real estate agent?

Yes, you can fill in the template yourself in a for sale by owner deal. Name a title company, closing agent or attorney to hold the deposit and handle the closing, and ask an attorney about any term you are unsure of.

Can I use it for vacant land?

Yes, the template has an "Other" property type for land. Describe the parcel with its legal description and parcel number, and add any terms about access, utilities or a survey.

Can I use it for a commercial property?

Yes, the template lists commercial property as a type. Add the commercial terms described above, such as tenant leases and a due diligence period, before both parties sign.

What should buyers check before signing?

Go through the contract page by page and check these points. Ask a Florida real estate attorney if anything is unclear.

  • The names, the property address and the price match your records.
  • The financing terms and the closing date are what both sides agreed on.
  • Every blank is filled in or marked as not applicable.
  • Any attached disclosures are the ones you expected.

General information, not legal or tax advice.

Jennifer M. Settles
Jennifer M. Settles
Author & Attorney
With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.