Florida real estate law covers a wide range of issues related to property ownership, transactions, and disputes. Florida recognizes several types of property ownership, including sole ownership, tenancy in common, joint tenancy with right of survivorship, and tenancy by the entirety, which is available only to married couples and provides strong creditor protection. To be enforceable, deeds must be in writing, properly signed, and recorded in the public records.

Florida’s homestead laws are among the strongest in the nation and play a critical role in real estate matters. Homestead protections shield a primary residence from most creditors, limit annual property tax increases under the Save Our Homes cap, and restrict how the property may be devised in a will when a spouse or minor child is involved. Homestead status also impacts taxes, probate proceedings, liens, and foreclosure actions, making it a central consideration in Florida real estate law.

The buying and selling of real estate in Florida is governed by general contract law, with most residential transactions utilizing FAR/BAR standard contracts. Sellers are legally required to disclose all known material defects affecting the property, even if the buyer does not specifically ask. Failure to disclose or fraudulent misrepresentation can result in rescission of the sale or monetary damages.

Real estate brokers and agents in Florida are regulated by the Florida Real Estate Commission (FREC). Licensing is mandatory, and agents owe duties to their clients that include honesty, loyalty, disclosure, and proper accounting of funds. Violations of these duties may result in disciplinary action, including fines, suspension, or revocation of a real estate license.

Landlord–tenant relationships are governed by Chapter 83 of the Florida Statutes. These laws address security deposit handling and notice requirements, establish strict eviction procedures, and require landlords to maintain habitable premises. Florida law also prohibits self-help evictions, such as changing locks or shutting off utilities, regardless of the circumstances.

Homeowners’ associations, condominiums, and cooperatives are regulated under separate statutory chapters. HOAs fall under Chapter 720, condominiums under Chapter 718, and cooperatives under Chapter 719. These laws govern assessments, liens, board authority, owner rights, access to records, and election disputes, creating a detailed regulatory framework for community associations.

Construction and contractor disputes in Florida are primarily governed by the Construction Lien Law in Chapter 713. Contractors, subcontractors, and material suppliers may place liens on property for unpaid work, but must strictly comply with notice and timing requirements. Defective construction claims often involve a combination of contract law and negligence principles.

Florida is a judicial foreclosure state, meaning lenders must file a lawsuit to foreclose on a property. Homeowners are entitled to assert legal defenses and may have redemption rights before the foreclosure is finalized. In some cases, lenders may seek a deficiency judgment if the foreclosure sale does not satisfy the debt.

Zoning and land use matters are largely controlled by local governments through zoning ordinances, permitting processes, and code enforcement. While state law still applies, cities and counties have significant authority over land use approvals, variances, and development regulations.

Florida law also imposes strict statutes of limitations on real estate-related claims. Written contract actions must generally be filed within five years, oral contract claims within four years, property damage claims within four years, and most construction defect claims within four years, subject to limited extensions. Florida real estate law is particularly complex due to its procedural nature, reliance on case law, and strict deadlines, where even minor missteps can eliminate otherwise valid claims.