Florida Sale Process: 10 Steps for Canadian Sellers

Section 01Why this guide exists for a Canadian reader

A Canadian seller arriving at the Florida sale process from a Quebec, Ontario, British Columbia, or Alberta background typically has three blind spots: (1) the closing is not run by a notary, the seller signs a deed in front of any notary public, not a notarial act of sale; (2) FIRPTA, which has no Canadian equivalent, withholds 15 percent of the gross sale price at closing on top of the normal selling costs; and (3) the proceeds settle in USD into a US bank account or wire instruction, which then has to be repatriated to CAD with a separate currency-conversion decision. None of these are intuitive from a Canadian frame.

This article is the hub for the chapter. It names the steps and points to the detailed pages. Where a step has a dedicated article in Chapter 04 · Sale, the link is in line with the step.

Section 02How a Florida sale differs from a Canadian sale at a high level

For new readers: an "acte de vente notarié" is the Quebec notarial deed of sale that conveys ownership and is registered by the notary directly. There is no Florida equivalent. In Florida, the seller signs a deed in front of a notary public (any notary, anywhere), and the title company records the deed at the county clerk's office.

Section 03The 10 steps, in order

Step 1: Pre-listing preparation

Before any listing, the Canadian seller assembles the file: copy of the deed of acquisition, current property tax bill (TRIM notice or annual bill from the county property appraiser), HOA or condo declaration and recent assessments if applicable, mortgage payoff letter if there is a mortgage, prior insurance claims if known, and ITIN or W-7 application status. The ITIN matters because FIRPTA withholding paperwork (Forms 8288, 8288-A, and 8288-B) requires the seller's US tax identifier. A Canadian seller without an ITIN should start the W-7 application at this stage rather than at closing.

The seller also chooses the listing brokerage and signs an exclusive right-to-sell listing agreement with a Florida-licensed broker. Florida real estate licensing is a state-level matter under Chapter 475 F.S.. Only Florida-licensed brokers and sales associates can list a Florida property on the MLS. A Canadian broker with no Florida license cannot list the property.

The detailed brokerage commission article is in topic 04.2: Florida Real Estate Commission.

Step 2: Listing and marketing

The broker enters the property on the MLS, schedules photography (often including drone photography for waterfront homes, which has separate FAA rules), arranges showings, and runs the open-house schedule. Pricing strategy is the broker's recommendation, with comparable sales pulled from the MLS and from county property appraiser data.

For a Canadian seller who is not in Florida, the practical question at this stage is access for showings: lockbox, smart lock, or a designated key-holder. A Canadian seller out of state during listing should also confirm in writing whether the broker is allowed to act on their behalf for routine matters (turning utilities on for showings, scheduling inspections) and where the line is for material decisions (offer acceptance, repair negotiations).

Typical range: A Florida listing on a sound property in a normal market spends 30 to 90 days on the market before an accepted offer. In a softer market (high inventory, rate-sensitive segment), 90 to 180 days is typical. These are observation ranges, not guaranteed outcomes.

Step 3: Offer and FAR/BAR contract

Buyers submit offers on the FAR/BAR Residential Contract for Sale and Purchase. Two main versions are in circulation: the standard version, where the buyer can request repairs after inspection up to a stated limit, and the "AS IS" version, where the buyer can cancel during the inspection period but cannot demand repairs. Both versions are joint-published by Florida Realtors and the Florida Bar and are the de facto standard for Florida residential resales.

The contract sets the purchase price, deposit (earnest money), inspection period, financing contingency (or its absence in cash deals), closing date, and which party pays which closing costs. Closing-cost allocation is negotiable in Florida: there is no statutory default. County customs exist, particularly for owner's title insurance and documentary stamp tax, but the contract controls.

The detailed FAR/BAR article is here: FAR/BAR Seller Contract in Florida.

Verified fact: Closing-cost allocation in Florida is set by the contract, not by statute. County custom is a default starting point only.

Step 4: Inspection, appraisal, and seller disclosure

Once the FAR/BAR is signed, the inspection period starts (commonly 10 to 15 days). The buyer pays for and orders the inspection (general home inspection, plus specialty inspections such as roof, wind mitigation, four-point insurance inspection for older homes, and termite). If the buyer is financing, the lender orders an appraisal, also at the buyer's expense.

The seller's disclosure obligation in Florida is set primarily by case law, not statute. The Florida Supreme Court held in Johnson v. Davis, 480 So.2d 625 (Fla. 1985) that "where the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer." This duty applies to residential property and survives an "AS IS" contract clause. Real estate licensees have a parallel statutory duty under F.S. §475.278.

Florida does not require a single statewide seller disclosure form, but the Florida Realtors form is the de facto standard and is signed in nearly all transactions. Specific statutory disclosures are layered on top: radon gas language under F.S. §404.056(5), flood-history disclosure under F.S. §689.302, and coastal construction disclosure under F.S. §161.57 for properties seaward of the Coastal Construction Control Line.

A separate statute, F.S. §689.25, runs in the opposite direction: it specifically exempts the seller from any duty to disclose that a homicide, suicide, or death occurred on the property, or that an occupant was infected with HIV or AIDS.

The detailed disclosure article is here: Florida Seller Disclosure Obligations.

Verified fact: The Florida residential seller's duty to disclose latent material defects originates in Johnson v. Davis (Fla. 1985), not in F.S. §689.25.

Common mistake (not opinion, observed pattern): Some Canadian sellers, used to a "buyer beware" reflex, hand off everything to the broker and assume the contract clause "AS IS" relieves them of disclosure. It does not. The duty under Johnson v. Davis applies to residential property even with an "AS IS" clause. The remedy for the buyer in case of fraudulent non-disclosure is a four-year statute of limitations action that survives closing.

Step 5: Repair and concession negotiation

After inspection, the buyer can either accept the property as is, request repairs (standard FAR/BAR), terminate during the inspection period (AS IS FAR/BAR), or request a price concession or closing credit in lieu of repairs. The most common outcome on a clean inspection is a small closing credit (USD 1,000 to USD 5,000) to address minor items rather than a full repair list.

For a Canadian seller, two specifics matter at this step: the seller is responsible for any contractor work pre-closing if repairs are agreed, and the seller's liability under Johnson v. Davis covers anything the seller knew about, whether or not the inspection found it. Saying "the inspector did not flag it" is not a defense if the seller knew.

Step 6: Title search, title insurance, and estoppel letter

The title company runs a title search on the county clerk's records to confirm chain of title, identify liens, and clear any encumbrances before closing. Florida is a "promulgated rate" state for title insurance: the premium is set by the Florida Office of Insurance Regulation under Fla. Admin. Code 69O-186.003 and F.S. §627.7825, and every title agent in the state charges the same base premium.

Verified fact (Florida title insurance, OIR-promulgated rate): USD 5.75 per USD 1,000 of liability for the first USD 100,000, then USD 5.00 per USD 1,000 for the next USD 900,000, then USD 2.50 per USD 1,000 between USD 1,000,000 and USD 5,000,000, then USD 2.25 per USD 1,000 between USD 5,000,000 and USD 10,000,000, then USD 2.00 per USD 1,000 above USD 10,000,000.

Who pays for the owner's title insurance is a county custom issue in Florida and is then set in the FAR/BAR contract. The seller customarily pays in most counties, including Palm Beach, Orange, Hillsborough, and most of central and north Florida. The buyer customarily pays in Miami-Dade, Broward, Sarasota, and Collier counties. The contract overrides the custom in either direction.

The detailed title insurance article is here: Florida Seller's Title Insurance.

If the property is in an HOA or a condominium association, the title company also orders an estoppel letter (also called "estoppel certificate" in the statutes). This is the association's binding statement of all amounts owed, special assessments pending, and open violations as of the closing date.

Verified fact (estoppel certificate): Under F.S. §718.116(8) for condominiums and F.S. §720.30851 for HOAs, the association must deliver the estoppel certificate within 10 business days of receiving a written request. Statutory fee caps (set in 2017) are USD 250 for the certificate, plus USD 100 expedited, plus USD 150 if the owner is delinquent. The Department of Business and Professional Regulation adjusted these caps for inflation in 2022 to USD 299, USD 119, and USD 179 respectively. A new CPI adjustment is expected in 2027.

The detailed estoppel article is here: Estoppel Letter: HOA and Condo Sales.

Step 7: FIRPTA setup

This is the step with no Canadian equivalent, and it is where most Canadian sellers are surprised. Under IRC §1445 and 26 CFR §1.1445-2, the buyer is required to withhold 15 percent of the gross sale price (not the gain, the gross price) when the seller is a foreign person. The withholding is funded out of the seller's net proceeds at closing and remitted to the IRS by the buyer's settlement agent on Forms 8288 and 8288-A.

Three exceptions reduce or eliminate the withholding:

1. The buyer's personal-residence exception below USD 300,000 (sale price). Detailed article: USD 300,000 FIRPTA Exception: Buyer's Personal Residence.
2. A withholding certificate (Form 8288-B) filed before closing, which can reduce the withholding to the actual estimated tax on the gain rather than 15 percent of gross. Detailed article: Form 8288-B: FIRPTA Early Refund.
3. A loss sale, where the proper procedural path is also Form 8288-B to avoid over-withholding. Detailed article: Loss Sale and FIRPTA Withholding Recovery.

The hub article on FIRPTA is here: FIRPTA explained: the 15% withholding when a Canadian sells Florida real estate.

Verified fact: FIRPTA withholding is a US federal mechanism only. Florida itself imposes no state-level withholding on the sale, because Florida has no state income tax.

Opinion (editorial judgment): A Canadian seller who has the documentation to support a Form 8288-B should file it before closing rather than recover the over-withholding via a 1040-NR refund the following year. The cash-flow difference is meaningful and the IRS processing time on a refund is materially longer than the wait for a 8288-B determination.

Step 8: Final walkthrough and contingency removal

In the days before closing, the buyer conducts a final walkthrough to confirm that the property is in the condition agreed in the contract (no new damage, repairs completed if any were agreed, included items still in place). Once the walkthrough passes, all contingencies are formally removed and the closing proceeds.

For a Canadian seller not in Florida, this step is handled by the listing broker on the seller's side. The seller should confirm in writing what is staying with the property (appliances, window treatments, pool equipment, generator) versus what is going. Disputes at the final walkthrough over removed items are a recurring closing-day complication.

Step 9: Closing day, signing, and recording

Closing in Florida is run by a title company, a settlement agent, or a Florida-licensed attorney. The seller signs the deed (warranty deed or special warranty deed are the two common forms), the FIRPTA paperwork, the closing statement (ALTA Settlement Statement is the current standard), and any ancillary affidavits.

A Canadian seller who is not in Florida has two options: travel to Florida for closing, or close remotely. Remote closing is the standard solution and works through one of two paths: (a) sign in front of a Canadian notary public, then have the document authenticated for use in Florida, or (b) execute a Florida-compliant Power of Attorney before a Canadian notary, authenticate it, and have a designated agent in Florida sign at closing on the seller's behalf. The title company specifies the acceptable path before closing.

On closing day:

• The buyer's wire (less the FIRPTA withholding) lands at the title company.
• The title company disburses: payoff of seller's mortgage, brokerage commissions, closing costs, doc stamp tax to DOR, owner's title insurance to the underwriter, estoppel-letter fees, prorations for property tax and HOA dues, and the seller's net.
• The deed is recorded at the county clerk's office under F.S. Chapter 695.
• Seller's net proceeds are wired to the seller's USD account.

The detailed closing-prorations article is here: Closing Prorations: Taxes, HOA, Utilities in Florida. The detailed closing-cost article is here: Florida Seller Closing Costs. The doc-stamp-tax detail is here: Florida Documentary Stamp Tax §201.02.

Verified fact (documentary stamp tax on the deed): USD 0.70 per USD 100 of consideration in 66 of 67 Florida counties. In Miami-Dade, the rate is USD 0.60 per USD 100 for a single-family residence and USD 0.60 plus USD 0.45 surtax (USD 1.05 total) per USD 100 for any other property type. Source: F.S. §201.02, Florida DOR.

Step 10: Post-closing, tax reckoning, and repatriation

The sale generates a US tax filing in the next calendar year and a Canadian one in parallel.

On the US side, the seller files Form 1040-NR with Schedule D (and Form 8949) reporting the sale. The actual federal tax on the long-term capital gain ranges from 0 to 20 percent of the gain depending on the seller's total US-source taxable income for the year, plus the 3.8 percent Net Investment Income Tax for high-income filers. Any FIRPTA over-withholding is reconciled here as a refund, or a residual is paid if the actual tax exceeds the withholding (this is rare in practice for Canadian sellers).

On the Canadian side, the gain is taxable in Canada under the residence principle. The Canada-US tax treaty's Article XIII gives the US the primary right to tax gains on US real property, and Canada gives a foreign tax credit for US tax actually paid. Provincial tax applies on top of federal tax. The Canadian federal capital-gains inclusion rate is 50 percent on the first CAD 250,000 of gains (per individual, per year) and 66.67 percent above that threshold on capital gains realized after June 25, 2024 (the federal government re-confirmed this position in late 2025 budgetary correspondence; readers should verify the current state of the inclusion rate, which has been politically contested).

Detailed articles for this step:

• US Capital Gains Tax Rates for Non-Residents
• Schedule D and Form 1040-NR: US Real Estate Capital Gains
• Canada-US Treaty Article XIII: Real Estate Capital Gains
• Canadian Capital Gains: 50% Inclusion Rate
• Capital Gains Tax Rates by Canadian Province
• Canadian Principal Residence Exemption vs. Florida Property

Repatriation of the USD net to CAD is the final operational step. The seller has a separate decision on conversion timing and instrument: spot conversion through a Canadian bank, conversion through a US-Canadian cross-border bank account, or a foreign-exchange specialist. Detailed article: Repatriating Funds After Sale: USD to CAD.

If the property was held in a US LLC, the LLC sale path is materially different and is covered in: Selling via LLC in Florida: Canadian Owners.

A note on 1031 like-kind exchanges, which sometimes appear in US-side advice: this US deferral mechanism does not produce a usable Canadian deferral, so a Canadian individual seller cannot meaningfully use it. Detailed article: 1031 Like-Kind Exchange: Not Available for Canadians.

Section 04Worked example: 350,000 USD sale of a single-family home in Palm Beach County by a Quebec resident

Sale price: USD 350,000. Property held 7 years. Original cost basis: USD 230,000. No mortgage. Seller is a Quebec tax resident with no US income other than the sale.

Closing-side flow at the title company:

Following calendar year, US side:

• Capital gain: 350,000 minus 230,000 = USD 120,000.
• Long-term capital gain rate at the federal level: 15 percent on the relevant tier, so federal US tax ≈ USD 18,000 (illustrative; actual rate depends on full-year US-source taxable income, with 0 percent / 15 percent / 20 percent brackets).
• 3.8 percent Net Investment Income Tax may not apply at this income level for a non-resident filing 1040-NR; this is fact-pattern specific.
• 1040-NR + Schedule D filed. FIRPTA refund = 52,500 minus actual US tax ≈ USD 34,500. The refund typically arrives 6 to 12 months after filing.

Same year, Canada side:

• Quebec resident reports the gain on the Canadian T1: capital gain of CAD-equivalent USD 120,000 at the period's exchange rate, 50 percent inclusion rate (assuming below the CAD 250,000 threshold per the post-June-25-2024 rule).
• Federal + Quebec tax on the included gain.
• Foreign tax credit for the US federal tax actually paid.

Total cash flow for the seller, end-to-end: sale closes with USD 273,226 in hand at closing. FIRPTA refund of USD 34,500 lands 6 to 12 months later. Canadian tax owing is paid out of those proceeds. Net of all cross-border tax and selling costs, the seller is in roughly the high-USD 280,000s. The exact final number depends on the foreign-exchange rate used for repatriation and the Quebec marginal rate that applies in the year of sale.

Typical range: Total selling costs (brokerage, doc stamp, title, estoppel, recording, settlement) on a Florida residential sale run between 7 and 9 percent of the sale price for a seller who pays the customary share. FIRPTA over-withholding is recovered separately and is not a cost.

Section 05Common mistakes by Canadian sellers

1. Listing with a non-Florida-licensed broker. A Canadian broker without a Florida license cannot list the property on the MLS. The listing must be with a Florida-licensed brokerage.
2. Treating "AS IS" as a waiver of disclosure. Johnson v. Davis applies regardless of the AS IS clause for residential property and creates a four-year liability window after closing.
3. Showing up at closing without an ITIN. FIRPTA paperwork requires a US tax identifier. Canadian SIN is not accepted. A W-7 application takes weeks to process.
4. Filing Form 8288-B too late. The 8288-B must be filed at or before closing for the title company to hold the withholding pending IRS determination, rather than remit it to the IRS. Filing it after closing means the funds are gone and the only path is the 1040-NR refund the following year.
5. Assuming Florida is a "no tax" state from the seller's standpoint. Florida has no state income tax, but FIRPTA, Canadian federal tax, and Canadian provincial tax all apply.
6. Ignoring HOA / condo special assessments accruing between contract and closing. The estoppel letter is the binding statement; oral assurances from the property manager are not.
7. Wiring the deposit, refund, or proceeds without verifying instructions through a separate phone call. Wire fraud at closing is an active risk in Florida and the title company is not the seller's bank. The seller should call the title company on a known number and confirm wire instructions verbally before sending or before the title company sends out.
8. Using the FAR/BAR cash version when the buyer is financing. The FAR/BAR contract has financing-specific provisions; using the cash version creates contingency gaps.
9. Forgetting that the seller's name on the deed must match the seller's signature on the closing documents and on the Power of Attorney if remote. A Canadian who bought as "Jean-François Tremblay" but signs as "Jean Tremblay" creates a title issue at recording.
10. Repatriating USD to CAD via the listing brokerage's recommended currency provider without checking the spread. The currency conversion is a separate decision with its own cost. See the repatriation article in topic 04.5 for details.

Section 06Actionable checklist for a Canadian seller

1. Apply for an ITIN if you do not already have one. Plan a minimum of 7 weeks for processing.
2. Engage a cross-border CPA or tax attorney experienced with FIRPTA before signing the listing agreement, not after.
3. Engage a Florida-licensed broker. Verify the license at MyFloridaLicense.com.
4. Pull together the property file: deed of acquisition, prior insurance claims, HOA documents, current property tax bill, mortgage payoff letter if applicable.
5. Decide on remote-closing path: travel to Florida, or POA, or remote notarization.
6. Receive offers on FAR/BAR. Confirm whether AS IS or standard. Cross-check the closing date against your repatriation timeline.
7. Schedule the inspection-period repair-or-credit decision for a window when you can be reachable.
8. Order the estoppel letter through the title company as soon as the contract is executed if HOA or condo.
9. Decide on Form 8288-B before closing, with your CPA. Document the cost basis.
10. Confirm wire instructions verbally on a known phone number for the title company before closing.
11. Receive net proceeds. Hold USD until repatriation decision is made.
12. File 1040-NR + Schedule D in the next US tax season. File Canadian T1 in the next Canadian tax season. Claim foreign tax credit for US tax actually paid.

Section 07FAQ

Do I need a US lawyer to sell my Florida property?

A US lawyer is not legally required. A Florida title company can run the closing. A Canadian seller who is non-resident, has FIRPTA exposure, holds property in an LLC, or has any complication beyond a clean cash sale of a single asset benefits materially from cross-border legal and tax counsel.

Can I close from Canada without flying to Florida?

Yes. The standard path is a Power of Attorney signed before a Canadian notary public, authenticated with an Apostille (or via the dual-authentication path for non-Apostille countries; Canada acceded to the Apostille Convention in January 2024) and accepted by the Florida title company. Some title companies also accept remote online notarization for the deed itself.

Does Florida have a state-level seller transfer tax?

The documentary stamp tax under F.S. §201.02 functions as a transfer tax. It is paid by the seller in the customary contract, at USD 0.70 per USD 100 of consideration in 66 of 67 counties. Miami-Dade has its own rate structure for surtax purposes.

Is the Canadian principal residence exemption available on a Florida property?

It can be claimed in principle if the property meets the Canadian principal-residence definition under the Income Tax Act, which requires that the taxpayer or qualifying family member ordinarily inhabited it during the year. For a typical Canadian snowbird who lives in the property less than half the year, eligibility is fact-specific and rarely settled in the seller's favor. See Canadian Principal Residence Exemption vs. Florida Property.

Do I owe Florida state income tax on the gain?

No. Florida has no state-level personal income tax. The relevant taxes are US federal (via 1040-NR), Canadian federal (T1), and Canadian provincial.

What if the property sold at a loss?

FIRPTA's 15 percent withholding is on the gross price, not the gain, so the withholding still applies by default. The path to recover or avoid the over-withholding on a loss sale is Form 8288-B. See Loss Sale and FIRPTA Withholding Recovery.

What is out of scope for this article?

This is a process-overview hub. The mechanics of FIRPTA, the FAR/BAR contract, doc stamps, title insurance, estoppel letters, Schedule D, Article XIII, and repatriation are each handled in their own detailed article in Chapter 04 · Sale. Estate and probate sales by Canadian heirs are covered in Chapter 05 · Succession & death, not here.

Honest promise: The CA-side comparison in this article uses Quebec as the reference province, with secondary references to Ontario, BC, and Alberta. Province-by-province deep dives are forthcoming in topic 04.5.

Section 08Related guides on canadaflorida.com

• Power of Attorney for a Canadian seller closing a Florida property remotely. The procedural mechanics of executing a Florida-compliant POA from Canada, including the Apostille path effective since January 2024 and the requirements imposed by major Florida title underwriters.
• Wire fraud prevention for a Canadian seller: protecting the net proceeds wire. The seller-side variant of the BEC threat, the standing-instruction protocol with the title company, and the response sequence if a fraudulent wire is detected.
• Final walkthrough disputes: included items and the buyer's last leverage. The four predictable categories of walkthrough disputes (missing items, changed condition, agreed repairs, leftover items) and how to neutralize them at the contract stage with section 1(d) of the FAR/BAR.
• ITIN & Form W-7: US tax ID for Canadians and Certified Acceptance Agent: Authenticate W-7 from Canada. For Canadian sellers without an existing ITIN, the practical sequencing of the W-7 application and the consequence on FIRPTA paperwork if closing is reached without an ITIN. Both articles are in Chapter 08 (banking) and apply directly to the FIRPTA workflow described in Step 4 above.
• Real estate wire fraud: a Canadian buyer's prevention guide. For sellers whose closing also involves a Canadian buyer counterpart (rare but possible), the buyer-side mechanics provide complementary context.