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Florida Real Estate Contract Changes 2026: What Buyers and Sellers Need to Know

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Posted on : August 28, 2026

What Changed in Florida Real Estate Contracts for 2026?

Florida’s standard residential contracts and the laws behind them changed several times between 2025 and 2026. Some changes came from new condo safety laws, some from federal rules, and some from updates to the standard Florida Realtors contract forms. Here is what actually changed, what it means for buyers and sellers, and one federal rule that was struck down after taking effect. Joseph S. Hughes of Hughes Real Estate Law handles every matter himself. He earned his J.D. at the University of Miami School of Law and has more than 10 years of practice in Florida real estate law.

Quick Timeline

WhenWhat changed
January 2025The standard Florida Realtors residential contracts were revised, including a new “Closing Services” term and condo rider updates
July 1, 2025New condo law took effect. Buyers of resale condos get 7 days, excluding weekends and holidays, to review association documents
January 5, 2026New broker compensation form and updated buyer brokerage, condo and disclosure forms
March 1, 2026The FinCEN residential real estate reporting rule took effect, and the standard contracts were updated for it
March 19, 2026A federal court vacated the FinCEN rule. Reports are not currently required

The 2025 Contract Revisions

The January 2025 revision of the residential contract and its “AS IS” version made three changes worth knowing. It added a defined term, “Closing Services,” and provides that each party pays its own closing services fees. It changed the default paragraph so the cooperating broker no longer shares in the deposit when a buyer defaults. And it updated the condominium rider to address milestone inspections, turnover inspection reports and structural integrity reserve studies.

Longer Condo Document Review Period

Under section 718.503(2), a resale condo contract must either confirm the buyer received the association documents more than 7 days before signing, or give the buyer the right to cancel within 7 days, excluding weekends and legal holidays, after receiving them. That window used to be 3 days. According to Florida Realtors, the condo rider and condo and cooperative addenda were updated for the July 1, 2025 change. The documents now include the milestone inspection summary and the structural integrity reserve study, when they exist. See our guide to the Florida condo milestone inspection law.

Flood Disclosure

Sellers of residential property must give buyers the flood disclosure in section 689.302 at or before the time the contract is signed. It asks whether the seller knows of flood damage during their ownership, filed a flood insurance claim, or received flood assistance such as FEMA aid. Our Florida seller disclosure guide explains how it fits with the seller’s other duties.

The FinCEN Rule: In, Then Out

FinCEN’s residential real estate rule required closing agents to report certain all-cash transfers of homes to entities and trusts, starting March 1, 2026. Florida Realtors updated paragraph 18.I.(iii) of the standard contracts for it. On March 19, 2026, a federal court in the Eastern District of Texas vacated the rule. According to FinCEN, reporting persons are not currently required to file these reports while the order remains in force, and the government has appealed. Buyers using an LLC or trust should still expect the closing agent to ask about ownership, and should watch for the outcome of the appeal.

January 2026 Form Updates

  • A new compensation agreement (CASSB-1) replaced two older forms for offering compensation to a buyer’s broker
  • Buyer brokerage agreements now warn buyers that homes they tour may have security cameras, and dropped language allowing a credit check of the buyer
  • The milestone inspection and reserve study disclosure and the condo document receipt were updated, including a space for turnover inspection reports
  • The vacant land contract now counts time in calendar days, like the other sales contracts

What This Means for You

  • Buyers of condos should read every association document during the 7-day window, especially the reserve study and any planned assessments
  • Sellers should prepare the flood disclosure and condo documents before listing
  • Buyers and sellers should confirm who pays which closing costs under the “Closing Services” term
  • Anyone buying through an LLC or trust should ask the closing agent what ownership information is needed

Frequently Asked Questions

Is the FinCEN real estate reporting rule in effect?

Not currently. A federal court vacated it on March 19, 2026, and FinCEN says reports are not required while that order stands. The government has appealed.

How long does a Florida condo buyer have to review association documents?

Under section 718.503(2), 7 days, excluding weekends and legal holidays, after receiving them, unless the buyer received them more than 7 days before signing.

Do Florida sellers have to disclose flooding?

Yes. Section 689.302 requires a flood disclosure for residential sales at or before signing the contract.

Talk With a Florida Real Estate Attorney

Before you sign a contract, have an attorney review the current forms and riders for your deal. Learn about Joseph Hughes, call (954) 256-5125 or request a consultation.

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