Florida Real Estate Contract: Different Types and Key Terms to Include
Quick Facts — Real Estate Contract Lawyers (Florida)
- Avg cost to draft a Real Estate Purchase Agreement: $590.00
- Avg cost to review a Real Estate Purchase Agreement: $550.00
- Lawyers available: 54 Florida real estate lawyers
- Clients helped: 47 recent real estate contract projects in Florida
- Avg lawyer rating: 5.0 (4 reviews)
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.
Frequently Asked Questions
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Meet some of our Florida Real Estate Contract Lawyers
Alexander M.
Broad area practice including Business (domestic & international), IP, Employment, Family Law, Administrative, etc. My focus is a direct, no-BS approach with fast turn around times on completed work.
"I highly recommend him! He prepared an entire prenuptial agreement for us in just a few hours, and we even had direct communication later in the evening to make sure everything was completed properly. He was extremely responsive, professional, and efficient throughout the entire process. Without a doubt, I would recommend him to anyone looking for a reliable and dedicated attorney."
Valerie I.
Miami-based transactional attorney specializing in corporate governance, contract drafting and negotiation, intellectual property, family law, and other general counsel assistance.
"Valerie was knowledgeable, responsive, and thorough in reviewing my 1099 contractor agreement. She explained everything clearly and made sure my interests were protected. Highly recommend her for independent contractor agreements."
July 18, 2025
Connor F.
Connor was born and raised in Coney Island, Brooklyn. He moved to Florida in 2017 after graduating from Brooklyn College with a Degree in Philosophy and Law. He continued his legal studies a at Nova Law School, where he graduated Magna Cum Laude and in the top 10% of his class. While in law school, Connor was an active member of the Nova Trial Team, and he received awards for his litigation and trial advocacy skills. Connor is a skilled litigator and trial attorney. He is known for his public oration skills and conversational courtroom presence. He has both criminal and civil trial experience, and enjoys telling his clients’ stories to the jury to bring about justice. Guided by his deep belief in God, Connor always pursues the most professional and ethical outcome for his clients. He is zealous, scrappy, and tough. He is calm and sensible, yet relentless. When he’s not in the courtroom, Connor is an active member of the community and an experienced musician. He has received numerous achievements for his skills, abilities, and techniques as a harmonica player. He lives in Lake Worth, Florida with his wife, Jen, and their son, Ezekiel.
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Brad A.
Brad Adams is the founder of Adams Outside GC, PLLC, a legal consulting firm providing fractional General Counsel services to businesses across Florida, Alabama, and Georgia. With more than 25 years of legal experience, Brad offers practical, business-minded legal support to help companies navigate complex legal issues, minimize risk, and focus on growth. Brad’s practice spans both business law and employment law, with a focus on delivering real-world solutions tailored to each client’s needs. He regularly advises companies on legal compliance, drafts and negotiates contracts, supports clients with collections and dispute resolution, and helps businesses manage day-to-day legal and HR matters. His employment law experience includes drafting policies and agreements, conducting internal investigations, delivering compliance training, guiding employers through regulatory challenges and responding to administrative complaints. Brad has represented employers of all sizes—ranging from startups to Fortune 500 companies—in a wide variety of industries, including construction, manufacturing, retail, healthcare, hospitality, solar energy, and technology. In addition to this broad experience, Brad has developed significant expertise in worker classification issues, particularly in the gig economy. He has worked with businesses using independent contractor models to help them navigate the legal and operational complexities unique to non-traditional workforces. Brad’s guidance helps clients reduce misclassification risk and design more sustainable, compliant contractor arrangements that support operational flexibility. His published work on this topic has appeared in Bloomberg Law’s Daily Labor Report, and he is a valuable resource for companies working within this rapidly evolving space. Prior to founding Adams Outside GC, Brad served as General Counsel for Meraki Installers LLC, where he managed the company’s legal, compliance, and HR functions. He previously practiced at top national and regional law firms, including Littler Mendelson, P.C., where he spent over a decade focusing exclusively on employment law as both an associate and shareholder. Earlier in his career, he worked in the Atlanta office of Powell Goldstein LLP (now Bryan Cave Leighton Paisner) and the Mobile, Alabama office of McDowell Knight Roedder & Sledge, LLC. Prior to joining Meraki, Brad worked in the Pensacola, Florida office of Emmanuel, Sheppard & Condon. Brad is licensed in Florida, Alabama, and Georgia, and was a Board-Certified Specialist in Labor and Employment Law through the Florida Bar from June 2021 through May 2026. He earned his J.D. with honors from the University of Florida Levin College of Law, where he was recognized for excellence in legal writing. He also holds a B.A. with honors and distinction from the University of the South (Sewanee). Brad is a speaker and published author on employment law topics and compliance strategy, contributing to Bloomberg Law, LexisNexis, and regional HR and legal conferences. For additional information, please visit adamsoutsidegc.com
November 22, 2025
Corey P.
I represent developers, investors, homebuilders, and hospitality brands in complex real estate transactions spanning the full life cycle of asset ownership—from acquisition and financing to development, leasing, management, and disposition—across a wide range of asset classes, including vacant land, residential communities, hospitality, multifamily, office, and mixed-use projects. Clients rely on me for practical guidance and efficient deal management. Beyond transactional work, I assist hospitality brands and real estate brokerages with regulatory compliance, advising on timeshare, condominium, community association, and brokerage licensing laws. My approach is rooted in understanding each client’s business and strategic goals. I help move deals forward by anticipating risks, identifying solutions, and serving as a collaborative partner as clients build, expand, and manage their real estate portfolios. My aim is to serve not just as outside counsel, but as a trusted advisor who supports clients in executing their vision and strengthening the long-term value of their assets.
November 26, 2025
Shannine A.
We offer comprehensive and practical solutions to individuals, businesses, and families throughout the State of Florida. Whether you are facing a litigation case or require assistance with transactional law, our skilled team is dedicated to assisting you through the process.
Tim B.
Attorney Tim Baldwin is the founder of Property Management Law Solutions, PLLC, a Florida law firm that specializes in representing landlords, property owners, apartments, and property management companies in a variety of property related legal matters, like evictions, security deposit disputes, fair housing matters, civil defense, damages actions, risk mitigation, partition, code violation, lease enforcement, and other real property litigation. Starting as a prosecutor from 2004 to 2006, Tim Baldwin gained invaluable experience as a courtroom litigator and to date has tried nearly 60 jury trials. When he opened his law practice in 2006, Tim focused his law practice on helping landlords in the Florida Panhandle. Since then, Tim Baldwin has expanded his law practice across Florida and become known as one of the premier Florida attorneys in landlord and property law. Tim regularly speaks at events for real estate groups, such as apartment and property management associations and real estate investment groups. Tim also hosts his own podcast, Property Management Law Solutions Podcast, where he discusses a wide range of landlord and property management related topics, and is frequently asked to be a guest on other podcasts nationwide.
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"Ryenne was very prompt. thanks for your help Ryenne."
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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
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
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
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Purchase and Sale Agreement
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Service: Contract Review
Doc Type: Real Estate Purchase Agreement
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Bid Range: $499 - $1,000
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