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A Beginner’s Guide to Florida Real Estate Contracts: What You Need to Know

A Beginner’s Guide to Florida Real Estate Contracts: What You Need to Know

September 03, 20244 min read

Jumping into the Florida real estate market can feel a bit like diving into the deep end of a pool. There’s a lot to navigate, especially when it comes to understanding the contracts that come with buying or selling a property. These contracts are more than just formalities—they’re the roadmap to your real estate transaction. To help you out, we’re breaking down the essentials of Florida real estate contracts, including the common clauses you’ll come across and what they mean for you.

1. The Basics of a Florida Real Estate Contract

At its core, a real estate contract in Florida is an agreement between the buyer and seller. It lays out the who, what, where, and how of the property sale. You’ll find details like the property address, the agreed-upon price, and the names of the people involved. But beyond these basics, the contract gets into the nitty-gritty details that ensure everything goes smoothly—or tells you what happens if it doesn’t.

2. Key Clauses to Keep an Eye On

Not all parts of the contract are created equal. Some clauses are particularly important because they can make or break the deal. Here are a few key ones you should know about:

- Financing Contingency: If you’re planning to take out a mortgage, this clause is crucial. It says that your purchase depends on whether you can get a loan. If the financing falls through, this clause typically allows you to walk away from the deal without losing your deposit.

- Inspection Contingency: Buying a home is a big investment, so you want to make sure you know what you’re getting. This clause gives you a set time to have the property inspected. If something major comes up—like a leaky roof or faulty wiring—you can ask the seller to fix it, lower the price, or, in some cases, cancel the contract altogether.

- Appraisal Contingency: This one’s all about making sure you’re not overpaying for the property. If the home doesn’t appraise for at least the purchase price, this clause lets you renegotiate or back out without penalty.

- Closing Date and Possession: The contract will specify when the sale officially closes and when you can take possession of the property. This could be on the closing day itself or at a later agreed-upon date. It’s important to know exactly when you’ll get the keys to your new home.

3. Understanding the Legal Implications

Contracts can be tricky, and the legal implications of missing a deadline or misunderstanding a clause can be serious. For example, if you miss a contingency deadline, you might lose your deposit or even face a lawsuit. That’s why these contracts aren’t something you want to rush through.

In Florida, many real estate contracts use standard forms from the Florida Association of Realtors and the Florida Bar. While these forms are designed to cover most situations, they might not be tailored to your specific needs. That’s why having a real estate attorney review the contract is always a smart move.

4. Seller Disclosures: What You Need to Know

In Florida, sellers are required to disclose any known issues with the property that could affect its value or desirability. This is done through a seller’s disclosure form, which is an important part of the contract. As a buyer, reviewing this form carefully is crucial—better to discover any potential issues before you close the deal than after.

5. Why Professional Guidance Matters

Real estate contracts are complex, and the stakes are high. That’s why working with experienced professionals—like a real estate agent and an attorney—is invaluable. They can help you understand the contract, ensure your rights are protected, and guide you through the process to avoid any pitfalls.

Wrapping It Up

Florida real estate contracts might seem overwhelming at first, but they don’t have to be. By familiarizing yourself with the key elements—like contingencies, legal implications, and seller disclosures—you’ll be better prepared to navigate your transaction with confidence. Remember, this is a significant financial decision, so don’t hesitate to lean on professionals for guidance.

With the right knowledge and support, you can confidently move forward in your real estate journey, knowing you’ve covered all your bases. Happy house hunting!

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Bishoy Habib

Bishoy has spent his entire 11 year legal career focused on real estate and financial transactions. He has represented developers, investors and financial institutions in transactions totaling over $12 Billion to date. Bishoy began his legal career in New York City, where he worked on commercial real estate transactions for a large hotel developer in Manhattan. When Bishoy moved back to Florida, he concentrated on finance law, representing local governments, banks, underwriters, bondholders and trustees in complex financings. Subsequently, Bishoy shifted his focus back to real estate, representing a wide array of real estate developers, builders, lenders and real estate brokerages for all their legal needs. Bishoy is an active member of the Florida Bar and the New York Bar. He is also a licensed real estate Broker in Florida. Outside of the legal profession, Bishoy enjoys playing sports and traveling. He also co-founded a sports event management company with high profile clients such as Jameis Winston, Todd Gurley, Le’Veon Bell, DeSean Jackson and the North Carolina Mens Basketball Team.

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