Buying a House From Owner in Florida: Contracts, Escrow, Title and Your Own Representation

Buying a house from owner in Florida means you deal with the seller directly, with no listing agent in the middle. That can work well. However, no one on the seller's side is keeping the deal on track, so the contract, the deposit and the title work fall to you and the people you hire. This guide covers the steps a Palm Beach County buyer should take, from the first call to the closing table.

Key takeaways

• For-sale-by-owner homes are a small slice of the market. NAR's 2025 profile put FSBO sales at a record low of 5% of all sales.
• Use a full written contract. Most local deals use the Florida Realtors/Florida Bar "AS IS" contract, and a real estate attorney can prepare one for you.
• Never hand the deposit to the seller. Send it to a neutral escrow agent, such as a title agency or an attorney's trust account.
• Get a title search and an owner's title policy, even on a cash deal.
• You can still have your own agent. You sign a written buyer agreement that sets the fee, and you can ask the seller to cover part or all of it.

Why buying a house from owner takes more care

In a listed sale, the listing agent handles the forms, chases deadlines and keeps the seller's paperwork in order. In a FSBO sale, that job is open. The seller may be organized and honest, and many are. Still, most owners sell a home only a few times in their lives, so gaps are common.

Also, the price is the seller's own idea of value. It may come from a neighbor's sale, an online estimate or what they need to net. So you need your own view of value before you make an offer.

NAR's 2025 Profile of Home Buyers and Sellers found that 88% of buyers used an agent, and FSBO sales fell to 5% of all sales. That small share is one reason FSBO deals can feel unfamiliar to lenders and title companies too.

Steps for buying a house from owner in Florida

The steps are the same ones an agent would follow. The difference is who does them.

1. Line up your money. Get a lender preapproval or proof of funds before you talk price.
2. Check the price. Compare recent closed sales of similar homes nearby, not other asking prices.
3. Ask for disclosures. Request any seller disclosure, HOA or condo documents, permits and insurance details.
4. Pick a contract. Use a full Florida contract form, prepared or reviewed by an attorney or your agent.
5. Name an escrow agent. Choose a title agency or attorney to hold the deposit.
6. Inspect and order title. Use your inspection period, and have the title company search the record.
7. Close. Sign at a title office or attorney's office, and then the deed gets recorded.

Which contract to use when you buy from the owner

Most Palm Beach County deals use one of two forms written by Florida Realtors and The Florida Bar. The first is the standard Residential Contract for Sale and Purchase. The second is the "AS IS" version, which most local deals use. Under the "AS IS" form, the seller does not promise repairs. Instead, the buyer gets an inspection period and can cancel for any reason before it ends.

These forms are a member tool for Realtors. So a buyer and seller with no agents usually get the contract through a real estate attorney. Some title companies can also help with the paperwork, but a title agent cannot give you legal advice.

Default deadlines in the "AS IS" contract

The 2026 version of the "AS IS" form fills in these numbers if a blank stays empty:

• Initial deposit due 3 days after the Effective Date, unless it comes with the offer.
• Any added deposit due 10 days after the Effective Date.
• Inspection period of 15 days after the Effective Date.
• Title commitment due 15 days before closing.

Each of these can change in the offer. So read every blank before you sign. A homemade one-page contract will not cover these points, and that is where disputes start.

Riders you may need

The forms have riders for common cases. For example, there are riders for condos, HOA communities, FHA or VA loans, appraisal contingencies and pre-1978 homes that need a lead paint disclosure. If the seller will finance part of the price, there is also a seller financing rider. Ask your attorney which ones fit your deal.

Who holds the deposit when buying a house from owner?

A neutral escrow agent should hold it. Do not wire or hand your deposit to the seller, even if they seem trustworthy. If the deal falls apart, getting money back from a person is much harder than getting it from an escrow account.

The "AS IS" contract says the deposit goes to the "Escrow Agent" named in the contract. It also says the agent holds funds in escrow within Florida. If both sides claim the money, the agent can keep holding it or deposit it with the court clerk until the dispute ends.

Florida law also sets rules for title agencies that hold escrow money. Under section 626.8473, those funds are trust funds. They must go into a Florida bank or credit union that carries federal deposit insurance, and the agency cannot use them for its own debts. Our guide to how escrow money gets paid out covers what happens at closing.

Watch for wire fraud

Scammers target closings by sending fake wiring instructions. Before you send money, call the title company at a number you found yourself, not one in an email. Then confirm the account details by voice.

Title insurance and the title search

A title search checks the public record for liens, unpaid taxes, open mortgages and other claims. An owner's title policy protects you if a covered problem shows up later. Both matter more in a FSBO sale, since no listing agent has reviewed the seller's paperwork.

The "AS IS" contract calls for a title commitment from a Florida licensed title insurer and an owner's policy after closing. In Palm Beach County, the seller customarily pays for the owner's policy and picks the closing agent. However, it is a contract term, so you can negotiate it. If you want your own title company, ask for that in the offer.

Also ask for a municipal lien search. It looks for open permits, code fines and utility liens that a basic title search can miss. Older homes in places like Boca Raton and Jupiter often have permit history worth checking.

What a FSBO seller must disclose

Florida does not have one required statewide seller disclosure form. Even so, Florida courts have long held that a seller must disclose known facts that materially affect value and that a buyer cannot readily see. The "AS IS" contract repeats that rule in its seller disclosure paragraph.

Some notices come straight from statute. Florida law requires a radon gas notice on at least one document in the sale. It also requires a property tax disclosure that warns you not to rely on the seller's current tax bill. A change of ownership triggers a new assessment, so your taxes may be much higher.

Florida also requires a seller of residential property to give a flood disclosure at or before signing. It asks whether the seller knows of flood damage, flood insurance claims or flood aid. Ask the seller for it in writing. Then ask for the insurance details, roof age and permit records too.

Your own agent when buying a house from owner

You can hire a buyer's agent for a FSBO purchase. Since August 2024, an agent working with a buyer needs a signed written agreement before touring a home. That agreement states the agent's pay as a clear amount, and it cannot be open ended.

So how does that fee get paid? You have a few options.

• You pay your agent at closing.
• You ask the seller for a credit toward your costs.
• You ask the seller to pay your agent directly under a written agreement.

Many FSBO sellers expect to pay nothing. However, some will pay a buyer's agent to get the sale done, and the fee is fully negotiable. Our guide to the buyer's agent fee in Florida explains the riders used for each path.

What a buyer's agent does in a FSBO deal

Your agent pulls closed sales from the MLS, so you know what the home is worth. They write the offer, track the deadlines and work with the title company, inspector and lender. They can also flag problems, like a seller who wants to skip the escrow agent. If you decide to go it alone instead, our guide to writing an offer without an agent walks through the risks.

Red flags when you buy from an owner

Most FSBO sellers are honest. Still, a few warning signs should slow you down.

• The seller wants the deposit paid to them, not to an escrow agent.
• The seller will not let you inspect, or wants a very short inspection period.
• The name on the deed does not match the person you are dealing with.
• Only one spouse plans to sign on a home that may be homestead property.
• The seller pushes a quick cash closing with no title search.
• Repairs, additions or a pool went in without permits.

Before you sign anything, check who owns the home on the Palm Beach County Property Appraiser site. Then compare that name with the seller's ID.

Financing and appraisal when buying a house from owner

A lender treats a FSBO purchase much like any other sale. You will need an appraisal, insurance and a clean title. If the price is above the appraised value, you either bring more cash, renegotiate or walk away under your contract terms.

Prices give some context. In August 2026, Miami Realtors reported a Palm Beach County single-family median sale price of $650,000, with a median of 40 days to contract. The condo and townhouse median was $300,000. A FSBO seller may price above or below those levels, so check the home's own comparable sales.

Frequently asked questions

Is it safe to buy a house directly from the owner in Florida?

It can be, if you use a full written contract, a neutral escrow agent, a title search and an owner's title policy. Most problems in FSBO deals come from skipping one of those steps.

Can I use a lawyer instead of a real estate agent?

Yes. A Florida real estate attorney can draft the contract, review the title work and handle the closing. An attorney gives legal advice, while an agent focuses on price, terms and the search.

Who pays closing costs in a FSBO sale?

The contract decides. Local custom in Palm Beach County has the seller paying for the owner's title policy and the doc stamps on the deed, and the buyer paying loan costs. Each item is negotiable.

Will a FSBO seller pay my buyer's agent?

Some will, and some will not. Ask early. If the seller says no, you can still ask for a credit, or pay your agent yourself as set out in your buyer agreement.

What if the seller backs out?

Your remedies depend on the contract. The Florida forms give a buyer remedies, such as getting the deposit back, if the seller defaults. That is one more reason to use a full contract instead of a short letter of intent.

Sources

• National Association of Realtors, Top takeaways from the 2025 Profile of Home Buyers and Sellers
• Florida Realtors and The Florida Bar, AS IS Residential Contract for Sale and Purchase (2026 redline)
• Florida Statutes, section 626.8473 (title agency escrow funds)
• Florida Statutes, section 689.302 (flood disclosure)
• Florida Statutes, section 404.056 (radon notice)
• Florida Statutes, section 689.261 (property tax disclosure)
• Florida Realtors, NAR settlement FAQs
• Miami Realtors, Palm Beach County August 2026 home sales

This article is general information, not legal, tax or financial advice. Contract forms and laws change, so talk with a Florida real estate attorney or other licensed professional about your own purchase.

Thinking about selling on your own? See what a listing could net you first with a free home value report. Buying a FSBO home instead? Schedule a buyer strategy call and we will help you price it, write the offer and line up a safe escrow.