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📋 Contracts & Clauses
Florida-specific terms explained in plain English
What "As-Is" actually means
The seller is not agreeing to make repairs. However, the buyer still has a full inspection period and can cancel for any reason. As-Is is NOT "buyer beware". It just shifts repair negotiation after inspection.
Inspection Period FL Default: 15 days
Buyer can inspect and cancel for any reason. Full deposit back, no questions asked. This is the buyer's built-in out clause.
Script for sellers
"As-Is means we won't be doing repairs, but the buyer still has the right to inspect. If they don't like what they find, they can walk. It's normal in Miami. Most listings are As-Is."
Initial Deposit Typically 1–3%
Due within 3 business days of acceptance. Held by title company or broker. The buyer's first show of good faith.
Additional Deposit
Due after inspection period ends. Brings total to 5–10%. Once this clears, the buyer has serious skin in the game.
Refund rules
During inspection: full refund, no questions. After inspection: only if a contingency (financing, appraisal) fails. After all contingencies cleared: seller may keep deposit if buyer defaults.
Financing Contingency
Buyer can cancel if they can't get loan approval. Competitive buyers sometimes waive this. Risky if financing falls through.
Appraisal Contingency
If property appraises below purchase price, buyer can renegotiate, cover the gap in cash, or cancel. Sellers prefer offers with waived appraisal contingencies.
Inspection Contingency Built into As-Is
In Florida's As-Is contract, inspection rights are built into the inspection period. No separate clause needed.
Seller typically pays
Commissions, doc stamps on deed (~0.7%), title insurance (most FL counties), outstanding liens, prorated taxes.
Buyer typically pays
Lender fees, doc stamps on mortgage (~0.35%), lender's title policy, appraisal, survey, prepaid insurance + taxes. Cash buyers pay significantly less.
Miami-Dade exception Higher rate
Miami-Dade has a higher doc stamp rate ($0.60/$100 + $0.45 surtax on deeds). Always confirm with your title agent.
The Johnson v. Davis rule
Florida requires sellers to disclose known material facts that materially affect property value and are not readily observable. Silence on a known defect is fraud.
Typical required disclosures
Prior flooding, roof leaks, foundation issues, mold remediation, open permits, boundary disputes, sinkhole activity, pending litigation, HOA assessments, lead-based paint (pre-1978 homes).
Script for reluctant sellers
"Disclosing up front protects you. If a buyer finds it later and we didn't disclose, we're looking at rescission, damages, and legal fees. Cheap insurance is honesty on day one."
Common title issues
Unpaid property taxes, unreleased mortgages, contractor liens, municipal code violations, open permits, boundary encroachments, unknown heirs on a probate property.
How to get ahead of it
Ask the title agent to pull a preliminary title search within 7 days of going under contract. Clear curable defects early, do not wait until the week of closing.
Owner's title insurance
One-time premium at closing, protects the buyer against undiscovered title defects for as long as they own the property. In most FL counties the seller pays. Waive at your own risk.
🏠 Buyer & Seller Process
Guide your clients step by step
Pre-Qualification
Quick estimate, self-reported info, no credit pull. Sellers don't take it seriously. Good for knowing your range. Not for making offers.
Pre-Approval What you want
Full credit pull, income verification, asset review. Lender commits to a loan amount. This is what listing agents want to see with an offer.
Script for buyers
"Before we look at anything, we need a pre-approval letter, not a pre-qual. Sellers won't accept an offer without it, and when you find the right house, we need to move fast."
Day 0 · Offer accepted
Contract signed. Buyer has 3 business days to deposit earnest money.
Days 1–15 · Inspection period
Schedule general, WDO, roof, and 4-point inspections. Negotiate repairs or credit. Buyer can still cancel for any reason.
Days 15–45 · Financing & closing
Lender orders appraisal. Title search. Additional deposit due. Final walk-through. Sign at title. Keys after recording.
The week before listing
Declutter & deep clean. Buyers judge in 30 seconds.

Professional photos. Non-negotiable. Listings with pro photos sell 32% faster.

Patch & paint. Highest cosmetic ROI.

Fix running toilets, leaky faucets. Buyers notice and lowball.
Disclosures in Florida
Sellers must disclose known material defects. Florida is a caveat emptor state but only for non-obvious issues. When in doubt, disclose. Failing to do so is legal liability.
Beyond price
Financing type: cash > conventional > FHA/VA.

Down payment %: higher down = stronger buyer.

Contingencies waived: fewer = cleaner offer.

Closing timeline: works for seller's move-out?

Earnest money: higher deposit shows commitment.
Multiple offer strategy
Call all agents, ask for highest and best by a deadline (24–48 hours). Create urgency. Never reveal other offer amounts. It's unethical in Florida.
Why it's required now
Post-NAR settlement, buyers must sign a written agreement with their agent before touring any MLS-listed home. Commission is negotiated here, no longer assumed from the listing.
What to spell out
Term length, exclusivity, compensation amount, who pays, termination clause, geographic scope. Shorter terms (30 to 60 days) work best for new buyers.
Script for hesitant buyers
"This agreement is required now, not optional. It defines my compensation and your commitment. We can set it to 60 days, and if we're not working well together, you walk. That's fair to both of us."
Why cash wins
No financing contingency, no appraisal risk, faster close (often 14 days). Sellers discount for certainty. Common in Miami, especially from Latin American investors.
Proof of funds
Recent bank statements, brokerage statements, or wealth-manager letter. Redact account numbers but not balances. Submit with offer, not after.
REO quirks
Bank addendums override the standard contract. Strictly as-is. 2 to 4 week response times. Earnest money often non-refundable after inspection. Read the addendum twice.
🎙️ Scripts & Objections
What to say when it gets tough
"That's too high / I found someone cheaper"
"A lower commission saves you $3,000. But if that agent sells for even 1% less, you just lost $7,000. My job is to get you the highest possible net. That's worth more than a discount."
"Can you cut your commission?"
"I'd rather show you how I earn it than negotiate it away before I've had a chance. Let me walk you through exactly what I do. Then you tell me if it's worth it."
"I'm going to sell it myself (FSBO)"
"That's your right. My only ask: if you get stuck on pricing, negotiations, or paperwork, call me. Most FSBOs end up working with an agent anyway. I'd rather it be someone you trust."
At listing appointment
"I can list it at your price. But overpriced listings sit. Buyers wonder what's wrong, then you end up selling for less than if you'd priced it right on day one."
After 2–3 weeks with no offers
"We've had traffic but no offers. The market is telling us something. A price adjustment now beats sitting. Every week on market costs you leverage."
The data close
"I'm showing you what three similar homes sold for in the last 60 days. Buyers see the same data. If we're 10% over market, offers will reflect that."
Counter, don't reject
"Every lowball is an open door. A rejected offer ends the conversation. A counter keeps them in the room. Counter with a small move from list price. The buyer's next number tells you if they're serious or fishing."
Seller reaction script
"I know it's insulting. Let's not match their energy. We counter at $X, still in our range, and see what comes back. If they walk, we lost nothing. If they move, we're negotiating."
Buyer agent script
"A clean offer at asking wins over a lowball with strings. If you want to stretch, waive the appraisal contingency for the first $20K over, increase the escrow deposit, and shorten the inspection. Tight + close + fast beats cheap."
Opening line
"Your home came off the market this week and I wanted to ask you one question. Are you still hoping to sell, or are you staying put?"
The positioning
"I'm not calling to pitch you. I'm calling to understand what didn't work. If it was pricing, marketing, or the agent, I want to hear it straight. Five minutes, then I'll know if I can actually help."
The close
"I'd like to stop by for 20 minutes and walk you through what I'd do differently. No commitment. If you don't hire me after, I'll leave you with the market data and go."
🌴 Miami Market Fast Facts
Know your market cold
Brickell Urban / Professional
Finance and tech professionals, Latin American buyers, high international demand. Mostly condos. Strong rental market. 1BR entry: $400K+.
Coconut Grove Families / Creative
Established neighborhood, A-rated schools, tree-lined streets. Strong family demand. SFH market. Bayfront estates $3M+.
Wynwood / Edgewater Appreciation play
Younger buyers, artists, tech workers. High appreciation last 5 years. Edgewater has bay views at lower prices than Brickell.
Hialeah / Doral Value / Family
Predominantly Latin American community. Lower price points, good inventory, less competition. SFH-dominant. Strong first-time buyer market.
Milestone inspections required
Buildings 3+ stories: structural inspection at 30 years (25 if within 3 miles of coast), then every 10 years. Buyers will ask. Know the status before showing.
Reserves now mandatory
HOAs can no longer waive reserves for roofs, load-bearing walls, plumbing, etc. This is causing special assessments in older buildings. Always pull the most recent reserve study.
What to tell buyers
"Before we make an offer, I'm pulling the condo questionnaire, last 2 years of meeting minutes, and the reserve study. We need to know about pending assessments before we're under contract."
Flood zones matter
Check FEMA flood zone on every Miami property. Zones AE and VE require flood insurance if financed. Pull the elevation certificate, it can save thousands in premium.
Wind mitigation is everything
A wind mitigation inspection can cut premiums 30 to 60%. Roof attachment, hip vs. gable, shutters, opening protection all score into the credit. Always order one when buying a single-family home in Miami.
4-point inspection
Required by most insurers for homes 25+ years old. Covers roof, electrical, plumbing, HVAC. If any system is end-of-life, carriers refuse to bind. Clear before financing contingency, not after.
The Florida reality
Private carriers are scarce and expensive. Miami homeowners premiums run $4K to $12K+ per year. Citizens (state-backed) is last resort, with depopulation rules that can shift you off it mid-policy.
Quote early
Have the buyer get at least 2 quotes before financing contingency ends. A refused bind is a reason to terminate. Surprise premiums can kill deals at closing.
Roof age rule
Most carriers won't write on a roof over 15 to 20 years old. If the roof is 18+, budget replacement or expect to be stuck with Citizens + a steep premium.
Miami Beach is strict
Most residential zones prohibit rentals under 6 months. Fines start at $20,000 for first offense. Only certain zones allow STR. Check address-specific zoning before promising Airbnb income.
City of Miami is friendlier
STRs allowed in most zones with a Certificate of Use. 6% resort tax, 7% state sales tax. File with Miami-Dade tax collector. Minimum rental periods vary by zoning district.
Condo association overlay
Even if the city allows it, the HOA can ban it. Minimum-stay clauses (30, 90, 180 days, 1 year) are common in Brickell and Miami Beach condos. Always read the condo docs before underwriting an STR pro forma.
💰 Money, Tax & Investment
Dollar-in, dollar-out advice that keeps you out of trouble
The exemption
If the property is the owner's primary residence as of January 1, Florida exempts up to $50,000 of assessed value from property tax. File once with the county by March 1, it renews automatically.
Save Our Homes cap
Homesteaded properties have annual assessment increases capped at 3% or CPI. Great for owners. A shock to new buyers when their tax bill triples.
Script for buyer underwriting
"The current owner has a homestead cap, so the tax bill on Zillow isn't your tax bill. Your bill resets to full market value in year one. Budget 2.0 to 2.3% of purchase price per year for Miami-Dade."
What it is
If a homesteaded owner sells and buys another Florida primary within 3 tax years, they can transfer up to $500K of their Save Our Homes benefit to the new home.
Why sellers care
Losing portability means losing tens of thousands over the life of ownership. Use the "3-year clock" to create urgency for long-tenured homesteaded sellers.
How to apply
File Form DR-501T with Form DR-501 at the new county appraiser's office. Same year you file for the new homestead. Missed deadline means forfeited benefit.
Rough rule of thumb
Budget 2.0 to 2.3% of purchase price per year for Miami-Dade. Unincorporated areas on the lower end, Miami Beach and Bal Harbour on the higher end. Pull the TRIM notice for the exact number.
TRIM notice (August)
The Notice of Proposed Property Taxes. Shows assessed value, exemptions, proposed tax. Appeal window closes 25 days after mailing.
Discounts for early pay
4% off in November, 3% in December, 2% in January, 1% in February. Delinquent April 1. Tell cash buyers, it's free money.
The basic rule
Sell investment property, reinvest into like-kind investment property, defer federal capital gains tax. Not for primary residences. Qualified intermediary holds the funds.
The two clocks
45 days from sale to identify replacement property. 180 days from sale to close. Miss either deadline, the whole exchange fails.
When to refer out
1031s are unforgiving. Refer to a qualified intermediary (not your title agent) before the sale closes. If the seller touches the proceeds, the exchange is dead.
Why do it
Seller gets monthly income + deferred capital gains. Buyer avoids bank underwriting. Closes faster. Seller can charge above-market rates.
Key terms to nail
Interest rate (1 to 3% above prime), term (3 to 10 years typical), amortization vs. balloon, down payment (15 to 30%), prepayment penalty, who services the note.
Risks for the seller
If the buyer defaults, the seller has to foreclose. Florida foreclosures average 8 to 12 months. Require title policy, hazard insurance with seller as loss payee, acceleration clause on default. Get a real estate attorney, not a form.