Real Estate Contracts: Writing, Listings & Florida Disclosures

Real Estate Contracts ties with Brokerage Activities as the biggest area on the Florida sales associate exam. The questions draw on three kinds of knowledge: which agreements must be in writing, what a listing agreement must say, and which disclosures a buyer must receive before signing. Almost every answer comes straight from the Florida Statutes, so learn the exact triggers and time limits rather than general impressions.

Which real estate agreements must be in writing

Florida's statute of frauds (§ 725.01) bars a lawsuit on certain promises unless the agreement, or some note or memorandum of it, is in writing and signed by the party to be charged (the person being sued) or by someone that person lawfully authorized. Two items on the list matter most in real estate:

• any contract for the sale of lands, or of any interest in land; and
• any lease for a period longer than 1 year.

The same section also covers any agreement that is not to be performed within 1 year from the making of it. Example: a landlord and tenant shake hands on a 6-month lease. It is outside the statute and can be enforced. If the handshake had been for a 2-year lease, or for the sale of a vacant lot, the person who signed nothing could not be sued on it.

How long a party has to sue

Chapter 95 sets Florida's statutes of limitations. Under § 95.11:

• An action on a contract founded on a written instrument must be brought within five years.
• An action on a contract not founded on a written instrument (an oral contract) must be brought within four years. The four-year list also includes an action to rescind a contract.

A buyer who wants to sue over a signed sale contract therefore has five years. A buyer suing over an oral side promise made by the seller has four.

Listing agreements

A listing agreement is the employment contract between a seller and a brokerage. Under § 475.25(1)(r), a licensee can be disciplined for leaving any of these out of a written listing agreement:

1. a definite expiration date;
2. a description of the property;
3. the price and terms;
4. the fee or commission; and
5. a proper signature of the principal(s).

The licensee must also give the principal a legible, signed, true and correct copy within 24 hours of obtaining the written listing. And the listing may not contain a provision requiring the seller to notify the broker of an intention to cancel after the expiration date. In other words, a listing cannot keep itself alive past its end date by making the seller send a cancellation notice.

Disclosures the buyer gets before signing

Most of Florida's required disclosures follow the same timing rule: the buyer must get them at or before the moment the contract is signed. Learn each one's trigger:

Property tax disclosure summary (§ 689.261)

Required for residential property, at or before execution of the contract. It warns the buyer not to rely on the seller's current property taxes, because a change of ownership or property improvements trigger reassessment.

Homeowners' association summary (§ 720.401)

Required when the buyer must join a mandatory association. It must be presented before the contract is signed. If it was not, the buyer may void the contract by written notice within 3 days after receiving the summary or before closing, whichever occurs first. A waiver of this right has no effect.

Flood disclosure (§ 689.302)

A seller of residential real property must complete and give the buyer the statutory flood disclosure at or before the time the sales contract is executed. It states whether the seller knows of flooding that damaged the property during the seller's ownership, has filed a flood insurance claim, or has received flood-damage assistance such as from FEMA.

Radon gas (§ 404.056(5))

A statutory radon notice must appear on at least one document executed at the time of, or before, the contract for sale and purchase of any building, or a rental agreement for any building.

Energy-efficiency rating (§ 553.996)

A buyer of real property with a building for occupancy must receive information, at or before signing, about the option to have an energy-efficiency rating done on the building.

Community development district (§ 190.048)

The contract for the initial sale of a parcel or residential unit in a CDD must carry, just above the buyer's signature, a bold notice that the district may impose and levy taxes or assessments on the property.

Lead-based paint (42 U.S.C. § 4852d)

Applies to most pre-1978 housing. The seller discloses any known lead-based paint or hazards and gives the buyer a 10-day period to inspect, unless the parties agree on a different period.

Condominium sold by a developer (§ 718.503)

The contract must state that the buyer may cancel by written notice within 15 days after signing and receiving the required developer documents.

Material defects, and facts that need not be disclosed

All three Florida brokerage relationships include the duty to disclose all known facts that materially affect the value of residential real property and are not readily observable to the buyer (§ 475.278). This applies to transaction brokers, single agents, and licensees with no brokerage relationship. A known roof leak hidden behind fresh drywall must be disclosed. A cracked window the buyer can see does not fit the definition.

Section 689.25 goes the other way. It says that a homicide, suicide or death on the property is not a material fact that must be disclosed in a real estate transaction. The same goes for an occupant's HIV infection or AIDS diagnosis.

Where this shows up on the exam

The DBPR candidate booklet (January 2025) assigns Real Estate Contracts 12% of the exam. Expect at least one statute-of-frauds item (sale of land or a lease longer than a year), a listing-agreement item (the required terms, the 24-hour copy rule, no notice-to-cancel clause), and a disclosure-timing question, often the HOA 3-day cancellation or the property tax summary.

Sources

North Carolina law as published by the General Assembly and the Office of Administrative Hearings, checked 2026-11-05:

• § 725.01, Fla. Stat.
• § 95.11, Fla. Stat.
• § 475.25(1)(r), Fla. Stat.
• § 475.278, Fla. Stat.
• § 689.25, Fla. Stat.
• § 689.261, Fla. Stat.
• § 720.401, Fla. Stat.
• § 404.056(5), Fla. Stat.
• § 553.996, Fla. Stat.
• § 190.048, Fla. Stat.
• § 718.503, Fla. Stat.
• 42 U.S.C. § 4852d
• EPA Lead-Based Paint Disclosure Rule
• DBPR, Florida Real Estate Sales Associate Candidate Information Booklet (Jan 2025), content areas