Buying a Home in Florida vs. New York: How the Process Is Different

If you have bought a house in New York, you probably remember the attorneys. Your lawyer, the seller’s lawyer, a contract that went back and forth, and a closing around a conference table. Buying a house in Florida from New York feels different almost immediately. Here, the contract is usually a standardized form signed at the offer stage, the closing is typically run by a title company, and an attorney is a choice you make rather than a fixture of the process.

The differences matter when you are buying from more than a thousand miles away. Here is how the Florida process actually works, step by step, with the New York comparison where it helps. One note before we start: I am a Realtor, not an attorney or a CPA. This is a practical overview, and I will tell you where it makes sense to bring in a professional.

Who Handles the Closing in Florida

The biggest adjustment for New Yorkers is who sits at the center of the closing. In Florida, closings are commonly handled by a title insurance agency acting as the closing agent. Florida law describes "closing services" as work performed by a licensed title insurer, title insurance agent or agency, or attorney agent, including preparing closing documents, conducting the closing, and disbursing funds (section 627.7711, Florida Statutes).

In practice, that means:

• The title company is usually the hub. It searches title, issues the title commitment, prepares the closing documents, collects and disburses the money, and records the deed.
• Attorneys are optional, not absent. Many Florida law firms run their own title agencies and close deals, and you can always hire your own attorney to review the contract or advise you. The Florida Realtors/Florida Bar contract forms even list "Buyer’s attorneys’ fees" as a buyer cost, which tells you it is an elective line item.
• Title insurance rates are set by the state. Florida’s title insurance premiums are adopted by rule and apply throughout the state (section 627.782), so the premium itself is not something you shop. Closing service fees and other charges can still vary between companies.

The Florida Contract: Standardized Forms Signed Up Front

In New York, an accepted offer is often just the beginning, with the binding contract coming later after the attorneys negotiate or approve it. In Florida, most residential deals are written on forms approved jointly by Florida Realtors and The Florida Bar, and once both sides sign and deliver the offer, you have a contract.

There are two main versions:

• The "AS IS" Residential Contract for Sale and Purchase. This is the one you will see most. As Florida Realtors’ own legal staff has explained, the seller has no obligation to make repairs, but the buyer gets an inspection period during which the buyer can cancel in the buyer’s sole discretion.
• The standard Residential Contract for Sale and Purchase. This version builds in seller repair obligations, along with language about repair standards and timing.

"AS IS" scares some New Yorkers, but it is used on plenty of move-in ready homes. What it really means is that your protection lives inside the inspection period. You inspect, you decide, and you can ask for repairs or a credit. The seller can say no. If you are not comfortable, you cancel before the deadline and get your deposit back.

The critical point is that the deadline is hard. Once the inspection period expires, so does your right to walk away over the condition of the property. The number of days is a negotiated blank in the contract, so plan your inspector, insurance quotes, and any specialists (roof, pool, seawall, wind mitigation) before you sign, not after.

Escrow Deposits and Timeline Differences

Your earnest money goes to the escrow agent named in the contract, which is often the title company, sometimes a law firm or a brokerage. The contract sets how many days after the effective date the initial deposit is due, and it can also call for an additional deposit later. Those deadlines are short, so have wiring instructions confirmed directly with the escrow agent by phone before you send anything. Wire fraud targeting real estate buyers is real.

The other timeline difference is that nothing waits on an attorney review period. The clock starts on the effective date, and the key deadlines run from there:

1. Initial deposit due within the days set in the contract.
2. Inspection period, your window to inspect and cancel.
3. Loan approval period if you are financing.
4. Title commitment delivered ahead of closing.
5. Walk-through and closing on the date written into the contract.

Because the dates are set at signing, I like to build the calendar backward from the closing date before we write an offer. That matters even more late in the year, which I cover in my guide to closing before January 1.

Florida Closing Taxes: Documentary Stamps and Intangible Tax

New York has its real estate transfer tax, currently $2 for each $500 of consideration, plus the 1% "mansion tax" paid by buyers on residences of $1 million or more (NY Department of Taxation and Finance). Florida has its own set of closing taxes, and they work differently:

• Documentary stamp tax on the deed: 70 cents per $100 of consideration (section 201.02). That rate applies in Sarasota County. On a $500,000 sale, that is $3,500. On the Florida Realtors/Florida Bar forms, deed stamps appear as a seller cost unless the parties agree otherwise.
• Documentary stamp tax on the mortgage and note: 35 cents per $100 of the amount borrowed (section 201.08). On a $400,000 mortgage, that is $1,400.
• Nonrecurring intangible tax on the mortgage: a one-time tax of 2 mills, or $2 per $1,000 of the loan (section 199.133). On that same $400,000 loan, that is $800.

The mortgage taxes appear as buyer costs on the standard forms. Cash buyers skip them entirely. Your lender’s Loan Estimate and the title company’s settlement statement will show the exact figures for your deal.

Who Pays for the Owner’s Title Policy

This is one of the most common questions I get, and the honest answer is that Florida law does not assign it. The Florida Realtors/Florida Bar forms have a checkbox: either the seller designates the closing agent and pays for the owner’s policy, or the buyer does. Whoever pays typically chooses the title company.

Customs vary by county across Florida, and even published local sources describe the Sarasota custom differently. I would rather you not rely on "how it is usually done." We treat it as a negotiating point, look at what the listing and the local market support, and put the answer in writing in the contract. Whichever way it goes, if you finance, the buyer pays for the lender’s title policy.

The Seller’s Duty to Disclose in Florida

Florida’s core seller disclosure rule comes from a court decision. In Johnson v. Davis (1985), the Florida Supreme Court held that when a seller of a home knows of facts materially affecting its value that are not readily observable and not known to the buyer, the seller has a duty to disclose them.

That duty exists even under an "AS IS" contract. The AS IS form itself includes a seller statement that the seller knows of no facts materially affecting value that are not readily observable and have not been disclosed. Florida law also now requires sellers of residential property to give buyers a flood disclosure at or before contract signing, covering known flood damage, flood insurance claims, and federal flood assistance during the seller’s ownership.

Disclosure is not a substitute for inspection. Read every disclosure, then verify. For coastal homes, pair the disclosure with an elevation certificate and real insurance quotes. My guide to insurance and flood zones walks through what to check. If you are buying a condo, there is a whole separate document package to review, covered in buying a Sarasota condo.

After Closing: File for Homestead

In New York, you might be used to STAR. In Florida, the big one is the homestead exemption, and it does not happen automatically. According to the Sarasota County Property Appraiser, you must be a Florida resident who owns and occupies the home as your permanent residence on January 1 of the tax year, and the timely filing deadline is March 1. The office accepts online applications.

To apply, you will need evidence of permanent Florida residence, starting with a Florida driver license or ID showing the property address. If you still own a home in New York with an exemption or benefit, the Property Appraiser asks for proof it has been cancelled. That is exactly where the paperwork from both states collides, so get your residency steps lined up early. My guide on how to establish Florida residency covers the order of operations, and Florida property taxes explained shows what homestead does to your bill.

Frequently Asked Questions

Do I Need an Attorney to Buy a House in Florida?

No, it is not standard practice the way it is in much of New York. A title company typically handles the closing. That said, hiring a Florida real estate attorney is a reasonable choice for complex deals, trusts, estates, unusual contract terms, or simple peace of mind.

Can I Close on a Florida Home Without Flying Down?

Often, yes. Title companies regularly coordinate signings for out-of-state buyers. Confirm the details with your closing agent and lender early, since some lenders have their own signing requirements.

What Does "AS IS" Really Mean in Florida?

It means the seller is not obligated to make repairs. You still get your inspection period and can cancel within it, and the seller still has a duty to disclose known, hidden material defects.

When Should I File for Homestead?

After you close and the home is your permanent residence as of January 1, file with the county Property Appraiser by March 1 of that tax year.

Let’s Map Out Your Florida Purchase

The Florida process moves faster and front-loads more decisions than most New Yorkers expect. That is fine once you know where the deadlines are. My job is to keep you ahead of them, coordinate with the title company, lender, and inspectors, and connect you with a Florida attorney or CPA when your situation calls for one. If you are planning a move, my New York to Florida relocation guide covers the bigger picture, and you can reach out to me directly to talk through your timeline.

Sources

Florida Statutes 201.02 (deed documentary stamp tax); Florida Statutes 201.08 (notes and mortgages); Florida Statutes 199.133 (nonrecurring intangible tax); Florida Statutes 627.7711 (closing services); Florida Statutes 627.782 (title insurance rates); Florida Statutes 689.302 (flood disclosure); Johnson v. Davis, 480 So. 2d 625 (Fla. 1985); Florida Realtor magazine, Law & Ethics (FR/Bar AS IS contract); Sarasota County Property Appraiser, Homestead Overview; NY Department of Taxation and Finance, Real Estate Transfer Tax. This article is general information, not legal or tax advice; confirm the details of your transaction with a Florida real estate attorney, your title company, and a CPA.