
How to Make an Offer Without a Realtor in Florida: Steps, Risks and Who Writes the Contract
October 1, 2026 · 9 min read · By Onias Derilus, Broker
Florida buyers can deal straight with the listing agent or the seller. Here is how an unrepresented offer works, who drafts the contract, which deadlines start the clock, and when hiring your own agent is worth it.
You can make an offer without a realtor on any Florida home, and the law has always allowed it. Since the 2024 changes to how buyer agents get paid, more Palm Beach County buyers are asking whether they should. This guide walks through how an unrepresented offer works, who can write the contract, what the listing agent may and may not do for you, and which deadlines start running the moment the seller signs.
Key takeaways
- Florida buyers can deal directly with the listing agent or the seller. No buyer agreement is needed if the listing agent works only for the seller.
- Florida law presumes a licensee is a transaction broker unless a single agent or no brokerage relationship is set up in writing. Dual agency is not allowed.
- Most local deals use the Florida Realtors/Florida Bar "AS IS" contract. Its default deadlines include a 3 day initial deposit, a 15 day inspection period and a 30 day loan approval period.
- Going without an agent may save the buyer side fee, but you take on the pricing, the paperwork and the deadline tracking yourself.
- A real estate attorney can draft or review your offer for a fee if you want legal help without an agent.
Can you make an offer without a realtor in Florida?
Yes. Nothing in Florida law requires a buyer to hire an agent. Florida Realtors put it simply in its settlement guidance: calling the name on the sign is a choice buyers have always had.
What changed in August 2024 is the paperwork for buyers who do use an agent. An agent who works with a buyer must now have a signed written agreement before touring a home. That agreement has to state the agent's pay as a clear amount. So some buyers now look at the fee in writing for the first time and ask whether they need an agent at all.
However, the rules did not create a new path for unrepresented buyers. They only made the agent path more formal. If you skip the agent, you are back to the oldest way of buying a house: you, the seller's side and a contract.
Who you deal with when you skip the buyer's agent
Most homes in Palm Beach County are listed with a broker. So in most cases the person you call is the listing agent, not the owner. That agent has a written listing agreement with the seller.
Florida Realtors notes that when the listing agent works only for the seller, no written agreement with the buyer is needed. You can tour the home, ask questions and submit an offer through that agent.
If the home is for sale by owner, you deal with the seller directly. In that case, neither side may have a licensee involved, and the two of you (or your attorneys) handle the contract.
What the listing agent can do for you
Florida Statutes section 475.278 sets out the duties a licensee owes. Even in the most limited role, a licensee must deal honestly and fairly, disclose known facts that materially affect the value of the property and are not readily observable, and account for any money entrusted to them.
A transaction broker owes a few more duties, such as using skill, care and diligence and presenting all offers in a timely way. In practice, the listing agent can show you the home, share the seller's disclosure, give you the blank contract and pass your offer along.
What the listing agent cannot do for you
If the listing agent is a single agent for the seller, they owe the seller loyalty and confidentiality. They will not tell you the lowest price the seller will take. They also will not push the seller for repairs on your behalf.
Also, Florida does not allow dual agency. A licensee cannot act as a full agent for both sides of the same sale. The most a broker can offer both parties is the limited, neutral transaction broker role.
How to make an offer without a realtor, step by step
An agent would follow these same steps. When you go alone, you handle each one yourself.
- Get your financing in order. A preapproval letter from a lender, or proof of funds for a cash deal, should go with the offer.
- Research the price. Look at recent closed sales of similar homes nearby, not asking prices. Public records from the county Property Appraiser help here.
- Ask for the disclosures. Request the seller's disclosure, any HOA or condo documents and any known permits or open issues.
- Pick the contract form. Most local deals use the Florida Realtors/Florida Bar "AS IS" contract or the standard version with repair limits.
- Fill in the terms. Price, deposit amounts, closing date, financing type, inspection period and who pays which costs.
- Submit and negotiate. Expect a counteroffer. Each change should be in writing and signed by both sides.
- Track every deadline. Once both sides sign, the Effective Date starts the clock on deposits, inspections and loan approval.
Who writes the contract when you make an offer without a realtor?
This is the question most unrepresented buyers ask first. There are three common answers in Florida.
First, the listing agent may fill in the contract form with your terms. They can do the clerical work, but they are not your advocate, and they cannot give you legal advice. Second, you can hire a Florida real estate attorney to draft or review the offer. Many attorneys do this for a flat or hourly fee. Third, you can fill in the form yourself. The Florida Realtors/Florida Bar forms are widely used, so title companies and lenders know them well.
Whichever route you choose, read every blank and every rider. A missed checkbox can change who pays for a survey, how long you have to inspect or whether you can cancel if the loan falls through. Our page on the Florida real estate contract explains the main sections.
Florida contract deadlines that start the clock
When you make an offer without a realtor, no one else is watching your calendar. The defaults in the "AS IS" contract, according to a Florida real estate attorney's walkthrough, look like this:
- Initial deposit: due 3 days after the Effective Date if the contract does not say otherwise.
- Inspection period: 15 days by default. During this time the buyer can cancel for any reason and get the deposit back.
- Loan approval period: 30 days by default for a financed purchase.
Each of these can be changed in the offer. Also, a deadline that lands on a weekend or holiday generally moves to the next business day. Still, check the exact wording in your version of the form, because the details matter.
Missing a deadline has real costs. For example, if the inspection period ends and you did not cancel in writing, you may lose the right to walk away with your deposit. Our guide to earnest money covers how deposits are held and when they can be lost.
Risks of making an offer without a realtor
The biggest risk is not the paperwork. Instead, it is the judgment calls that come with it.
Pricing without full market data
Agents pull closed sales, pending sales and price changes from the MLS. On your own, you may rely on public sites that lag or miss details. In a market where the Palm Beach County single-family median was $650,000 in August 2026, a few percent off is a lot of money.
Missing a contract protection
The "AS IS" form means the seller does not have to make repairs. Your protection is the right to inspect and cancel during the inspection period. If you shorten that period to look stronger, you have less time to find problems.
HOA and condo documents
Many homes in Boca Raton, Delray Beach and Boynton Beach sit in HOA or condo communities. Those documents set rules, fees and sometimes approval steps for buyers. Reading them closely is part of the job when no agent is checking them for you.
Negotiating against a professional
The listing agent negotiates for a living. As a result, a first-time buyer may give up deposit terms, closing dates or credits without realizing it.
Do you save money if you make an offer without a realtor?
Sometimes. If the seller agreed to pay a buyer's broker, an unrepresented buyer may ask for a lower price or a credit instead. But the seller has no duty to agree. In many listings, the listing broker's fee is set in the listing agreement no matter who brings the buyer.
Meanwhile, if you sign a buyer agreement with an agent, the fee is negotiable. Commissions are not set by law. Some agents offer reduced fees, flat fees or a mix of services. So it is worth asking what an agent would charge before you decide you cannot afford one.
When a buyer's agent pays for itself
Going alone can work for a simple deal, such as a cash purchase from a family member or a home you already know well. On the other hand, a buyer's agent tends to earn the fee in these cases:
- You are buying in a condo building where milestone inspections, reserves or special assessments may come up.
- The home has an older roof, permit questions or flood zone issues that affect insurance.
- Several offers are likely, and terms matter as much as price.
- You are relocating and cannot attend every showing, inspection or walk-through.
Before you decide, it helps to see what an agent would do and charge. Our buyer's agent page explains how we work with buyers in Palm Beach County, Hobe Sound and Port St. Lucie.
Frequently asked questions
Can the listing agent represent me too?
Not as a full agent. Florida does not allow dual agency. A broker can work as a transaction broker for both sides, which is a limited, neutral role, but no one can be a loyal agent for both the buyer and the seller in the same deal.
Do I need to sign anything to tour a home without an agent?
Not with the listing agent, if that agent works only for the seller. Florida Realtors says no written buyer agreement is needed in that case. A seller or brokerage may still ask you to sign a showing or visitor form.
Who holds my deposit if I make an offer without a realtor?
The contract names the escrow agent. It is often a title company, an attorney or the listing broker. Wire money only after you confirm the instructions by phone with a number you found yourself, since wire fraud targets real estate deposits.
Can an attorney help me make an offer without a realtor?
Yes. A Florida real estate attorney can draft or review the offer, explain the contract and handle closing. An attorney gives legal advice, which a listing agent cannot do, but usually does not help you find homes or set a price.
Will a seller accept an offer I make without a realtor?
Not by itself. Sellers care most about price, terms and proof of funds. A clean, complete offer with a preapproval letter can compete with any other.
Sources
- Florida Statutes, section 475.278, Authorized brokerage relationships
- Florida Realtors, NAR settlement FAQs
- National Association of Realtors, The facts about the NAR settlement
- Oldham Law, FAR/BAR contract checklist
- Miami Realtors, Palm Beach County August 2026 market report
This article is general information, not legal, tax or financial advice. Contract forms and rules change, so talk with a Florida real estate attorney about your own purchase.
Selling in Palm Beach County? We can show you how to handle offers from buyers with and without agents. Get your home value to start. Buying instead? Schedule a buyer strategy call and we will walk you through the contract before you sign.

