What is a Florida Real Estate Contract?
A Florida real estate contract, sometimes referred to as a residential purchase and sale agreement, is a contract that lays out the terms and conditions between a buyer and seller for the transfer of real property.
A real estate contract is most commonly used to facilitate the purchase and sale of a residential home, but these contracts can also be used for commercial properties and investment properties.
A real estate contract will include specific details about the transaction like the purchase price and a description of the property. The contract will also include contingencies and disclosures that both parties must abide by to move forward with the sale of the property.
Common Florida Real Estate Contracts
There are several types of real estate contracts that can be used in Florida. These contracts include:
- As-Is Residential Purchase Agreement . Used when a house is being sold in the current condition regardless of any flaws or issues.
- Florida Realtors + Florida BAR Contract . An easy-to-use real estate contract that is approved by the Florida Realtors and the Florida Bar. It is often utilized by people selling their property without a realtor.
- Northeast FL Association of Realtors Agreement . A contract that is copyrighted and suggested for use by the members of the Northeast Florida Association of Realtors.
- Unlimited MLS Purchase Agreement . Used in connection with homes listed on MLS databases.
4 Essential Elements of a Florida Real Estate Contract
To be a legally valid contract, a Florida real estate contract must include the following 4 essential elements:
- There must be mutual assent between the parties to enter the contract
- The contract must contain a valid offer and acceptance of the offer
- There must be adequate consideration (the exchange of items of value)
- The contract must be for legal purposes and the parties must be legally competent to enter the contract
What Makes a Real Estate Contract Enforceable in Florida?
To be a legally enforceable real estate contract in Florida, the agreement must include specific information and clauses. Florida law lays out seven requirements that all real estate contracts must meet to be legally enforceable:
- Written offer. The contract must be in writing and it there must be a valid offer for the purchase of the property and the seller needs to accept the offer.
- Mutual assent. Both parties must agree to enter the contract.
- Identification. All parties involved in the contract need to be identified. This is usually the buyer and the seller but could also include business names.
- The property. The subject property must be identified and described including the physical address and a legal description. The legal description can be found on the property deed.
- Price. The agreed upon purchase price of the property must be included.
- Consideration. Consideration is required in all contracts. This is the exchange of items of value between the parties. In a real estate contract, consideration is usually the exchange of money for the property.
- Signatures. The contract must be signed voluntarily by all involved parties and the parties need to be legally competent to sign the contract.
Can You Back Out of Buying a House After Signing a Real Estate Contract in Florida?
In Florida, a buyer cannot back out of a real estate contract unless there are specific clauses in the contract that allow the buyer to back out of the deal. When a buyer backs out of the deal it is called rescission. There are a couple grounds for rescission that can include title defects, fraud, and mistakes in the contract. The Florida real estate contracts that are approved by the Florida Realtors and the Florida Bar include specific provisions relating to rescission.
See Real Estate Contract by State
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Meet some of our Florida Real Estate Contract Lawyers
Adalbert M.
Dynamic Attorney helping people and small business owners protect their assets. Founding Attorney at THE CYA LAW FIRM, PLLC, in Port Saint Lucie, Florida. Offering a wide range of legal services including: Living Trusts and Wills, POA and Advanced Directives, Business Formation, Contract drafting, Business Counsel, Prenuptials and Postnuptials, and more. **Licensed in Florida and fluent in English and Spanish.
Lauren W.
Accident and injury attorney. Prior to going to law school I was a paralegal for 12+ years primarily in personal injury. I also worked for a local school district as the Risk Manager and a Buyer in Procurement where I facilitated solicitations and managed all the contracts for the district.
David A.
Graduated UF Law 1977. 40 years experience in Family Law/Divorce and Prenuptial Agreements. Rated "AV Preeminent" By Martindale Hubble, the oldest lawyer rating firm in the USA. Top 5% of attorneys in Florida as reviewed by Judges and other Lawyers (not client reviews). Personal prompt service and easy to contact--available 24/7. Good negotiator and very personable. My clients are my priority.
September 8, 2022
Tiffanie W.
Tiffanie Wilson is a business transactions and personal injury lawyer. She helps clients realize their business goals by expertly drafting contracts, providing sound legal advice, and working for justice for injured clients.
September 19, 2022
Max L.
Hi there. My practice focuses on several aspects of business law, including business entity formation and organizational documents, trademark and copyright, tax disputes, and contracts. I work with quite a few creative entrepreneurs, such as photographers, artists, and musicians.
January 24, 2024
Brian R.
Brian M. Rokaw has negotiated, drafted, and reviewed a multitude of contracts, resolutions, and agreements for a wide array of business owners. Brian has represented clients who are starting a business, selling a business, buying a business, creating a partnership, establishing a corporate entity, as well as those that are dissolving a business throughout the State of Florida. Brian M. Rokaw is knowledgeable and experienced in all real estate related matters, both residential and commercial including closings, financing, and litigation. Brian has drafted hundreds of deeds, affidavits, bills of sale, and settlement statements. Brian has represented clients in all areas of the real estate industry, including buyers, sellers, developers, management companies, brokers, and investors throughout the State of Florida. Brian M. Rokaw has successfully defended against actions and negotiated settlement agreements involving all types of consumer debt. Brian has represented homeowners and commercial property owners that are facing foreclosure, being pursued by judgment creditors, consumers burdened by secured and unsecured financial obligations, as well as collection accounts throughout the State of Florida.
February 11, 2023
Moxie M.
Lindsey has always been deeply invested in the power of knowledge; she was born and raised in Columbus, Ohio before making her way to Miami University for a dual Bachelor's degree. Afterward, Lindsey completed a Juris Doctor at Stetson University with an International Law concentration before earning a Health & Hospital law Certificate from Seton Hall School of Law. After graduating law school, Lindsey began her career as an associate at a Florida-based insurance litigation firm. She eventually transitioned to become a multi-year Rising Star in Employment Law by Super Lawyers as a labor and employment lawyer with Scott Wagner and Associates, supporting clients in Florida, California & Ohio with employment law matters. Her expertise covers counseling on workplace policies/handbooks; investigations into EEO discrimination/retaliation claims; wage disputes & wrongful terminations - equipping employees across multiple states for success in the ever-changing modern workforce landscape. Leveraging extensive knowledge of state/federal regulations gained from handling dozens of cases over many years, Lindsey has established herself as a leader in the field. Lindsey is a seasoned litigator, well-versed in the complexities of employer and employee disputes. She has represented clients on both sides during numerous mediations and provides an informed perspective when advocating for her clients' interests. She sharpened her dispute resolution skills by completing Harvard Law School's Negotiation Mediation course as part of their Executive Education Program as well as a Florida Circuit Civil Certified Mediator - making her qualified to mediate Circuit Civil cases in Florida as well as California and Ohio. Her breadth of knowledge provides valuable insight into the complexities each side faces while navigating their way through conflict mediation situations. With her varied expertise in the world of entertainment industry employment law, Lindsey has become a go-to source for Hollywood professionals, studios, and companies looking to make sure their legal considerations and entertainment contract law knowledge is up to date. From contract negotiations and employment advice to her outstanding knowledge of current regulations, she provides clients with everything they need for success both now and into the future. Lindsey dedicates her time and expertise to advancing the legal community. She proudly serves on the Executive Council for Florida Bar Association Labor and Employment Section, as well as with American Bar's Membership Outreach Committee in a leadership role. Lindsey is also an respected LA Magazine Editorial Board Member while Co-Chairing both LACBA CLE Event Dinner Committees - focusing on labor and employment law developments. Lindsey is passionate about providing accessible legal services to those in need. She serves on the Pro Bono Mediation Panel for the U.S Central District Court of California, volunteers as a mediator with California Lawyers for Arts and acts as Settlement Officer with Los Angeles Superior Court's ResolveLA program - all while donating her time towards resolving disputes through pro bono mediation at Equal Employment Opportunities Commission (EEOC). Lindsey is a globetrotter, an outdoor enthusiast, and dedicated sports fan all rolled into one. While splitting time between California, Florida and Ohio she has the best of three world - from hiking trails to family gatherings there's always something interesting on her horizon! Plus with photography as a hobby Lindsey enjoys capturing life’s precious moments so they can be treasured for years to come.
Find the best lawyer for your project
Browse Lawyers NowReal Estate
Real Estate Contract
Georgia
WHAT ARE YOUR FEES TO PERFORM QUIT CLAIM DEED COMPLETE BUTTS COUNTY GEORGIA 30233
SON AND EX
Meghan T.
Hi. The cost for my practice to prepare a Quit Claim Deed is $99. The Cost for me to handle the closing is $250 plus recording fees. These costs apply for any county within the state of Georgia. Let me know if you have any more questions. Meghan K Thomas
Real Estate
Real Estate Contract
Illinois
what is better to buy land or rent for construction in US?
we are a construction company from Ukraine, we are planning to build a cottage town in the USA
T. Phillip B.
I suppose it doesn't matter if you have the lease giving you permission and the lease is long enough to justify the building expense when you won't own it. But I'd buy the land so you could eventually sell the property with the building on it.
Real Estate
Real Estate Contract
New York
Can you purchase or refinance under a land contract?
I’ve been living here for 2 years. Currently have been working with my credit union and they are having a terrible time trying to understand the legalities of my land contract first off, and secondly they just don’t seem to know what they are doing. It’s been over 8 months, 4 different loan officers and I’m once again waiting for someone else to help finish this thing out. It’s only $60,000 with a $120,000 appraisal. So, as of now I am stuck paying 2.5x monthly under this land contract than I was promised would be an easy mortgage process. So any guidance in the right direction would be very helpful. It’s a New York home. 20 yr fixed, no balloon, with a (brace yourself) 12% apr. HELP ME PLEASE! One month I’m being told to authorize a credit check for a first time homebuyer grant method of mortgaging this property. The next it’s authorizing it for a refinance. I do have earnest money deposits for over $3,000 and another $3000 paid towards principal under this land contract also.
Jane C.
I suggest you speak with a New York real estate attorney. That attorney needs to review the documents related to the transaction.
Real Estate
Real Estate Contract
Georgia
How many years does a quick claim become effective?s
Number of years for quick claim to be effect ive
Meghan T.
A quit claim deed is effective upon execution so long as the deed is dated as of the date of signature. Execution means that the deed is signed, in front of a witness and a notary. The witness and notary must also sign the deed. Finally, the deed must be recorded. This means that the deed must be submitted to the Superior Court recording office of the County in which the property sits. Please let me know if you have any questions. Thanks, Meghan K Thomas
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ContractsCounsel User
Home purchase agreement review
Location: Texas
Turnaround: Less than a week
Service: Contract Review
Doc Type: Real Estate Purchase Agreement
Page Count: 8
Number of Bids: 2
Bid Range: $500 - $750
ContractsCounsel User
Wholesale real estate contracts
Location: Colorado
Turnaround: Less than a week
Service: Contract Review
Doc Type: Real Estate Purchase Agreement
Page Count: 3
Number of Bids: 2
Bid Range: $899 - $1,500
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