Seller FAQs: Part 1

Selling a house in Florida has its differences than other states. These are some of the most commonly asked questions I get.

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What costs should I expect at closing as a seller?

This is going to be dependent on the terms that you and the buyer have agreed upon and what is stipulated in the contract. The FARB/BAR "As-Is" and standard contract allow the parties to specify who will be responsible for the Owner's Policy and closing charges. These include the title insurance premium at the rate provided by the state, title search, closing fee, and municipal lien search charges. If applicable, you'll also be responsible for the following costs when selling your home in Florida: 

  • Documentary stamp taxes at the rate of $0.70 per $100
  • HOA or Condominium Association estoppel fees
  • Recording and any additional fees needed to cure title 
  • Buyer-negotiated closing costs, brokerage fees
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What am I obligated to disclose?

Per Florida law, sellers are required to disclose any known facts or conditions that materially affect the value of the property which are not easily observed by others. A common document you will hopefully receive from your chosen broker is the "Seller's Disclosure" which will help you make the required disclosures. Keep in mind that just because a transaction was agreed upon on an "As-Is" contract, you are still bound to disclose. The consequences of not properly disclosing can be devastating and severe, so it is best to put all your cards on the table from the beginning.

Financial and legal repercussions aside, it is the right thing to do. Put yourself in the buyer's shoes.

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The buyer sent me a list of requested repairs after the inspection. What repairs am I required to make when selling my house in FL?

If the contract is the "As-Is", you are not required to make any repairs that the buyer requests. Any repairs you choose to make are optional. However, if it is the standard FAR/BAR contract, you are obligated to make "General Repairs" up to the limit specified in the contract, along with WDO (wood destroying organisms) treatment and subsequent limit. The ceiling, roof (including fascia and soffits), doors, exterior walls, interior walls, windows and foundation must be free of any water damage, structural damage, or leaks. If applicable, the pool and equipment, major appliances which are not leased, mechanical, cooking, electrical, heating, plumbing, security, septic, sprinkler, machinery, seawalls and dockage must all be in working order; ie., the way they were designed to operate. Things like fogged windows, torn screens, or missing roof/tile shingles must be repaired and replaced. You are not required to repair cosmetics.

Now, if the contract is on the "As-Is", as mentioned above, you are not required to make any repairs. However, it is important to look at the bigger picture before flat out saying no. What are they asking for, and why? Are they asking for "4-point" issues to be fixed, such as things involving the plumbing, electrical, HVAC, or roof? If so, keep in mind that insurance companies will not allow a buyer to bind a policy if there are "Unsatisfactory" marks on the 4-point inspection. Subsequently, since lenders require an insurance policy to be in place before they disburse funds for a mortgage... 

4-point issues = no insurance = no loan = no deal.

Again, you are free to do as you please. Just keep in mind that refusing to fix issues like this will limit your buyer pool to cash buyers only, which is quite a reduction in the number of people who could potentially purchase your home. This is just one example; other common scenarios you may have heard are rotting wood or peeling paint standing in the way of an FHA/VA buyer securing a loan (please refer to current FHA/VA standards at the time you are reading this). If you choose not to meet someone halfway in certain circumstances, you lose all potential buyers with similar financing terms. 

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4-Point Inspection Form download link

If you're selling your home and want to see what a 4-point inspection looks at or if you're going to hire a home inspector to conduct a 4-point inspection, here is a copy of the blank form so you know what the inspector is actually going to look at.

4-Point Inspection Form (Blank)

Hope this adds value.

Adi Rakanovic