Florida · contract for deed
Florida contract for deed, explained.
A plain-English guide to contract for deed (also called land contract) in Florida — statute, recording, default remedies, interest caps, and where deals actually happen.
Fla. Stat. § 697.01 (instruments deemed mortgages); general contract and Ch. 501 consumer law
Recording is permitted but not statutorily mandated for CFDs specifically; recorded in the county Clerk of Court's official records under Fla. Stat. § 695.01. Documentary stamp tax applies (§ 201.02).
Foreclosure. Because § 697.01 reclassifies CFDs as equitable mortgages, sellers generally must foreclose judicially rather than declare forfeiture; buyer entitled to equity of redemption.
Is contract for deed legal in Florida?
Florida recognizes 'agreements for deed' (contracts for deed). Under Fla. Stat. § 697.01, any instrument given as security for the payment of money is deemed a mortgage, so courts often treat CFDs as equitable mortgages.
How do you record a contract for deed agreement in Florida?
Recording is permitted but not statutorily mandated for CFDs specifically; recorded in the county Clerk of Court's official records under Fla. Stat. § 695.01. Documentary stamp tax applies (§ 201.02).
What happens if the buyer defaults?
Foreclosure. Because § 697.01 reclassifies CFDs as equitable mortgages, sellers generally must foreclose judicially rather than declare forfeiture; buyer entitled to equity of redemption.
What is the maximum interest rate?
18% on loans up to $500,000; 25% above that (Fla. Stat. § 687.03, § 687.071 criminal usury threshold)
What disclosures are required?
Lead-based paint (federal); standard residential property disclosure (Johnson v. Davis common-law duty); documentary stamp disclosure; Truth in Lending if seller is creditor making 5+ loans/year.
Who's protected — buyer vs. seller
Buyer protections
Equitable mortgage doctrine grants foreclosure protections and equity of redemption; common-law duty to disclose material defects; consumer protection under FDUTPA (Ch. 501).
Seller protections
Right to foreclose and obtain deficiency judgment; may negotiate liquidated damages, though courts scrutinize forfeiture clauses.
Where in the state do these deals happen?
Rural North Florida and Panhandle land sales; investor-to-investor transactions; mobile home parks; speculative lot sales in Central Florida.
Florida cities
Per-city market notes for contract for deed buyers and sellers.
Notable case law
H&L Land Co. v. Warner, 258 So. 2d 293 (Fla. 2d DCA 1972); Mid-State Investment Corp. v. O'Steen, 133 So. 2d 455 (Fla. 1st DCA 1961).
Looking at a Florida deal?
Send the parcel and the terms — we'll walk through whether contract for deed fits, how to record it, and what the cure period looks like if things go sideways.
Talk to WyattEducational content only. Statute citations are public-record research, not legal advice. Florida contracts and remedies are fact-specific — consult a licensed Florida real-estate attorney before signing anything.