A message from Florida Realtors® General Counsel Juana Watkins on Contracts

Posted by: Communications Department on Thursday, August 21, 2025

Juana Watkins reminds members that even if a form looks familiar, be sure to review the contract, line by line, to make sure something isn’t missed, changed or added by the other side.

Florida Realtors is proud that the Florida Realtors®/Florida Bar® Residential Contract for Sale and Purchase (“FR/Bar”) is widely used for a large percentage of real estate transactions in this state.

Despite the popularity of the FR/Bar contract, it is always good to remember that there are many other forms available for use in a real estate transaction. Which form to use in the sale of real property is as negotiable as the terms of price and closing date. Developers, investors, and individual buyers and sellers may prefer to use a particular contract other than the FR/Bar.

An integral part of the contract negotiation process while reviewing the offer or counteroffer is paying close attention to the specific form being used in the transaction, and the language used in that form. Even if a form looks familiar, be sure to double-check the contract, line by line, to make sure something isn’t missed, changed or added by the other side. Have buyers and sellers do so as well. All contract language is important but pay particular attention to the title of the form, revision date, and any default or dispute provisions, as these are areas that often vary greatly when forms are amended.

Take nothing on a form for granted! While it can be time-consuming, an agent should carefully review each contract that passes through them prior to sending it to their customer. Agents should always make sure to tell their customers to read the forms thoroughly, as well. If the customer would like their attorney to review it, that is always their right. It is better for the parties to invest additional time reviewing the contract, rather than investing additional money from their pockets to litigate a contract dispute.

If you’re a member who wants to discuss any of the concepts of this article, you’re welcome to call the Florida Realtors Legal Hotline at (407) 438-1409 between the hours of 9:00 a.m. and 4:45 p.m. on weekdays.