60-second summary
A Canadian buyer signing a FAR/BAR Residential Contract should know seven contingencies by name: inspection, financing, appraisal, title, association documents, insurance, and (rarely) sale of an existing property. Each one protects the deposit only inside a strict written deadline. Miss the deadline, and the protection disappears: the deposit becomes the seller's if the deal does not close. The most common contract version in Florida is "AS IS", which gives the buyer broad walk-away rights inside the inspection period but no right to demand repairs from the seller. Cross-border buyers face two added pressures: short calendar-day deadlines that ignore weekends, and longer financing timelines for foreign-national mortgages.
Glossary of acronyms used in this guide
- FAR/BAR (or FR/BAR): Florida Realtors / Florida Bar. The two organizations that jointly publish the standard residential purchase contracts used in Florida.
- AS IS: a version of the FAR/BAR contract in which the seller is not obligated to make any repairs based on the inspection.
- Loan Commitment: a lender's binding written commitment to fund the buyer's mortgage, distinct from a pre-approval.
- HOA: Homeowners' Association. Governs single-family or townhouse communities under Fla. Stat. Ch. 720.
- CDD: Community Development District. A separate taxing district sometimes layered on top of an HOA in newer Florida communities.
- SIRS: Structural Integrity Reserve Study. Mandatory for residential condominium and cooperative buildings of three or more habitable stories under Fla. Stat. § 718.112.
- Title Commitment: the title insurer's preliminary report, issued before closing, identifying defects, liens, and exceptions to coverage.
- Effective Date: the date the last party signs the contract and the signed contract is delivered to both sides. Day zero for counting deadlines.
- OACIQ: Organisme d'autoréglementation du courtage immobilier du Québec. Quebec's real estate self-regulator, which publishes the mandatory Promise to Purchase forms used as the Quebec analogue to FAR/BAR.
What a contingency does, and why it matters more in Florida
In Quebec, a Promise to Purchase becomes legally binding the moment the seller accepts. The buyer is then released only if a "condition suspensive" (typically financing or inspection) fails within a specified deadline. Florida operates on the same logic, but the architecture is more granular and the deadlines are shorter. A FAR/BAR contract has up to a dozen separate conditions inside a single document, each with its own clock. Once a deadline passes without the buyer giving written notice, the protection lapses automatically. The contract does not warn you, the seller is not required to remind you, and the deposit becomes vulnerable.
For a Canadian buyer, three frictions make this harder than it looks. First, deadlines run in calendar days. Saturday, Sunday, and US legal holidays count, except for a few specifically defined contingencies. A 15-day inspection period that starts on a Friday ends on a Saturday two weekends later. Second, foreign-national mortgages take longer than US-resident loans, often 45 to 60 days from application to commitment, against a default 30-day loan approval window. Third, calling the seller, texting the listing agent, or telling your buyer's broker is not enough. Every notice that triggers or releases a contingency must be in writing, in the form the contract specifies, delivered to the seller or seller's representative at the address listed in the contract.
The takeaway: contingencies are not a safety net you fall into automatically. They are a checklist of written notices the buyer or buyer's attorney must deliver, on time, in writing, to the right person.
The Florida market standard: the FAR/BAR contract
Almost every residential resale in Florida uses one of two FAR/BAR contracts: the Residential Contract for Sale and Purchase (often called "Standard") or the AS IS Residential Contract for Sale and Purchase (called "AS IS"). The two are identical in most paragraphs. The difference sits in the inspection clause.
Under the Standard contract, the buyer notifies the seller of defects identified during the inspection. The seller has 10 days to obtain repair estimates or arrange a counter-inspection. If the parties cannot agree, they share the cost of a third inspection that is binding on both. The seller has a duty to cover at least the cost of repairs falling under specified categories.
Under the AS IS contract, the buyer has the unilateral right to cancel the contract during the inspection period for any reason, with no obligation to specify a defect. The seller has no duty to repair anything. If the buyer wants concessions, those are negotiated as a contract amendment before the inspection deadline expires. If the parties do not agree, the buyer must cancel inside the deadline or proceed to closing on the original terms.
In current Florida market practice, the AS IS contract is the dominant form for resales. The Standard contract is occasionally used in new-construction or builder transactions and in some negotiated resales where the seller agrees to repair obligations upfront. Most of this guide assumes the AS IS form.
The seven contingencies a Canadian buyer should understand
Most of the protections sit inside the contract body itself. Two important ones (appraisal and insurance) sit in optional riders that must be attached affirmatively. The blanks for time periods can all be negotiated. If a blank is left empty, the contract falls back to a default that is rarely the most protective option.
Verified fact. Default time periods stated below are taken from the published FAR/BAR Residential and AS IS contracts and from primary sources. Dates run in calendar days unless the contract specifies otherwise. Day zero is the Effective Date, the day both parties have signed and the signed contract has been delivered.
1. Inspection contingency
The inspection contingency is the single most useful protection in the contract for a Canadian buyer. Under the AS IS form, it gives the buyer the unilateral right to cancel the contract for any reason during the inspection period and recover the deposit in full. No defect needs to be cited. The buyer simply delivers written notice of cancellation to the seller before the deadline expires.
Default period: 15 calendar days from the Effective Date. This is the value used if the blank is left empty. In a competitive market, sellers may push for 7 to 10 days. In a balanced or buyer-favourable market, 15 days is standard and 20 days is negotiable.
For Canadians buying long-distance, the standard 15 days is tight. A buyer who signs on a Friday and is not yet in Florida must, inside two weekends, retain a licensed home inspector, schedule the inspection, receive the report, optionally schedule specialist follow-ups (roof, four-point, wind mitigation, mould, WDO termite), digest the findings, decide whether to proceed, and deliver written notice. A 20-day inspection period addresses this realistically.
Typical range for the Florida ecosystem of inspections that a Canadian buyer should usually run during this period:
- General home inspection: 350 to 600 USD for a typical single-family home. Required reading.
- Four-point inspection: 100 to 200 USD. Required by most insurance carriers for homes 20 years old or older. Covers roof, electrical, plumbing, HVAC.
- Wind mitigation inspection: 100 to 200 USD. Not required, but typically pays for itself in insurance discounts within months.
- WDO (termite) inspection: 75 to 150 USD. Required by some lenders.
- Specialty follow-ups (roofer, structural engineer, mould): variable, generally 200 to 800 USD per specialist.
The four-point inspection is not optional in any practical sense for older homes. Verified fact: Citizens Property Insurance Corporation (Florida's insurer of last resort) requires a passing four-point for homes over 20 years old, and most private carriers follow the same threshold. A failing four-point can leave a buyer with no insurance market other than non-admitted surplus lines policies at two to three times the price. For a Canadian buyer who does not yet have a Florida insurance agent, scheduling the four-point during the inspection period is critical to confirming the property is even insurable at standard rates.
2. Financing contingency
The financing contingency protects the buyer if the lender does not issue a written Loan Commitment in time, or issues one with conditions the buyer cannot meet. It applies only if Paragraph 8(b), 8(c), or 8(d) is checked. If 8(a) (cash) is checked, there is no financing contingency, and the buyer takes the full risk of being unable to produce funds at closing.
Default loan application deadline: 5 calendar days from the Effective Date. The buyer must apply for the mortgage with a US lender within five days. Foreign-national applications often need more documentation than this implies, but the application itself can be filed quickly.
Default loan approval (Loan Commitment) deadline: 30 calendar days from the Effective Date. If the buyer does not deliver written notice to the seller that a Loan Commitment has been received before this deadline, either party may cancel the contract. If the buyer goes silent, the protection disappears automatically and the contract reverts, in effect, to a cash deal.
Opinion (to flag as opinion). Thirty days is rarely realistic for a Canadian buyer applying for a foreign-national mortgage. Foreign-national programs require additional documentation: passport, Canadian credit reports (which US lenders cannot pull directly), proof of income translated and seasoned, source-of-funds tracing, and often an ITIN. Forty-five to 60 days is a more honest target for a clean foreign-national file. The financing contingency deadline should be negotiated to match.
Common practice in Florida: experienced cross-border closing attorneys recommend writing 45 days into Paragraph 8(b) for foreign-national buyers, with a parallel extension of the closing date to give the lender time to fund.
3. Appraisal contingency
There is no appraisal contingency built into the core FAR/BAR contract. This surprises many Canadian buyers, since most provincial Promise to Purchase forms include some form of valuation protection. In Florida, appraisal protection requires the buyer to attach Comprehensive Rider F (Appraisal Contingency) affirmatively.
If Rider F is attached, the buyer can cancel the contract if a licensed appraiser values the property below the purchase price by a stated amount. The standard default for the appraisal deadline is 10 days before closing, calibrated so that the appraisal completes before the lender's Closing Disclosure is finalized.
If Rider F is not attached, an appraisal-related failure of the lender's loan still falls back into Paragraph 8 (financing). Specifically, if the buyer's lender refuses to fund the loan because the appraisal came in too low, the deposit is generally refundable to the buyer under the financing contingency. This is a fragile fallback. It only works if (a) the buyer has a financing contingency in force, (b) the buyer has not yet delivered written notice of Loan Commitment, and (c) the lender's denial is documented in writing as appraisal-related.
Opinion. A Canadian buyer who is paying cash and not running through a US lender has no appraisal protection by default. The two options: attach Rider F at offer signing, or order an appraisal as a private contingency negotiated into the contract. Many Canadian buyers learn this only after the fact.
4. Title contingency
Florida transactions are insured by a title insurance policy issued at closing. The contingency is simpler than in Quebec, but the deadlines move fast.
Title Commitment delivery default:
- Cash transactions (Paragraph 8(a) checked): 5 calendar days before closing.
- Financed transactions: 15 calendar days before closing.
The buyer (or buyer's attorney) has 5 calendar days from receipt of the Title Commitment to examine it and deliver written notice of any defects. The seller then has 30 days to cure. If the seller cannot cure, the buyer has 5 days after that 30-day window to either extend or terminate the contract.
Verified fact: Florida is an "all-document" recording state. Marketable title is determined under the Uniform Title Standards adopted by The Florida Bar. Title insurance premiums are state-regulated under Fla. Stat. § 627.7825 and follow a published schedule based on the purchase price.
For Canadian buyers specifically: Florida does not use a notarial system equivalent to Quebec's. There is no single neutral officer (notaire) who registers the transaction, holds escrow, and ensures the title is clear in one act. Instead, the role is split: a title agent or real estate attorney issues the title insurance policy; an escrow agent (often the same firm) holds funds; and the recording is done at the County Clerk's office after closing. Marketability is largely insured rather than legally guaranteed.
5. Association documents review (HOA, condo, co-op)
If the property sits inside a Homeowners' Association (HOA), a condominium, or a cooperative, the buyer has a separate review-and-cancel right governed by Florida statute, not by the contract.
For HOA properties (Fla. Stat. § 720.401): If the seller has not delivered the HOA disclosure summary before contract execution, the buyer has 3 calendar days after receipt of the disclosure to cancel by written notice. This right cannot be waived. The contingency terminates at closing, whichever comes first.
For condominiums (Fla. Stat. § 718.503(2)): For contracts executed on or after July 1, 2025, the buyer of a resale unit has 7 days, excluding Saturdays, Sundays, and legal holidays, after receiving the condominium documents (declaration, articles of incorporation, bylaws, rules, current year-end financial statement, annual budget, and frequently asked questions/answers document) to cancel by written notice. Before HB 913 (2025), this period was 3 days. New construction sales by a developer have a separate 15-day cancellation right.
Verified fact: For condominium and cooperative buildings of three or more habitable stories, the seller must also provide the buyer with a copy of the most recent Milestone Inspection report and the most recent SIRS, where these have been completed. If they are not yet complete, the seller must provide a written statement to that effect. This requirement was tightened by SB 4-D (2022), refined by SB 154 (2023), and updated by HB 913 (2025).
Opinion, to flag as opinion. For Canadian buyers looking at older South Florida condominiums (especially buildings of three or more stories built before the year 2000), the SIRS and Milestone Inspection disclosures matter more than the building's view, location, or finishes. A SIRS that identifies a structural reserve gap of several million dollars often translates into a special assessment of 30,000 USD to 100,000 USD per unit. The 7-day review window is the buyer's only formal opportunity to read these reports and walk away without penalty.
6. Insurance contingency
The Florida property insurance market has been volatile since 2022. Carriers have withdrawn, premiums have risen, and some homes are uninsurable without expensive surplus-lines policies. The FAR/BAR contract addresses this risk through Comprehensive Rider H (Homeowner's / Flood Insurance), which must be attached affirmatively.
If Rider H is attached, the buyer's obligation to close is contingent on obtaining acceptable homeowner's and flood insurance within a stated deadline. Default deadline: the earlier of 30 days after the Effective Date or 10 days before the Closing Date. If the buyer cannot obtain insurance at quoted premiums within that window, the deposit is refundable.
For coastal properties, properties with older roofs, and properties in flood zones AE or VE, the insurance contingency is often more important than the appraisal contingency. Typical range for an annual premium on a 600,000 USD single-family home in coastal South Florida in 2026: 4,000 to 12,000 USD for windstorm and structure coverage, plus 1,500 to 4,500 USD for separate flood insurance under the National Flood Insurance Program. Premiums on older homes without wind mitigation features can run substantially higher.
7. Sale of buyer's existing property
If the buyer cannot close without first selling another property (whether in Canada or in the US), the contract can be made contingent on the sale of that other property using Comprehensive Rider V (Sale of Buyer's Property). This is more common in slow markets than in tight ones. Sellers in a competitive market will often refuse to accept a contract with this rider, or will insist on a "kick-out" clause (Rider X) that lets them keep marketing the property and force the buyer to remove the contingency or terminate.
For Canadian buyers, this contingency is rarely used because most Canadian sellers complete their Canadian sale before shopping in Florida. It is mentioned here for completeness.
Cross-border comparison: Quebec Promise to Purchase vs Florida FAR/BAR
The two systems share the same conceptual frame: a binding offer that hangs on conditions until those conditions are satisfied or waived. The mechanics differ at every level.
| Dimension | Quebec: Promesse d'achat (provincial CA) | Florida: FAR/BAR (state US) |
|---|---|---|
| Governing framework | Civil Code of Quebec; OACIQ-mandated forms (federal CA: none) | FAR/BAR contract; Fla. Stat. Ch. 718, 720; Florida Bar title standards (federal US: none) |
| Standard form | One promise form per property type (PI for single-family, PAC for condo, etc.) | Two contract versions: Standard and AS IS |
| Default contract version in market | Standard PI/PAC. No "as is" version. | AS IS dominates resales. Standard used selectively. |
| Inspection condition | Buyer chooses inspector; "satisfactory" is the standard. Seller can refuse to negotiate; buyer can withdraw if problem unknown to buyer. | AS IS: buyer can cancel for any reason inside 15 days. Standard: seller has 10 days to address defects, then dispute mechanism. |
| Default inspection period | Negotiated. 10 to 15 calendar days typical. | 15 calendar days from Effective Date. |
| Financing condition | Negotiated. Generally at least 14 calendar days. Pre-approval is not enough; needs unconditional Mortgage Undertaking. | Loan application: 5 days from Effective Date. Loan Commitment: 30 days from Effective Date. |
| Appraisal protection | Bank-ordered appraisal is standard part of Mortgage Undertaking process; if value too low, lender adjusts loan amount, which can collapse financing condition. | Not built into core contract. Requires Rider F. Otherwise indirect through financing contingency only. |
| Title / marketability | Notary verifies title at Quebec Land Register before signing the deed of sale; defects are cured pre-closing or transaction does not proceed. | Title insurance issued by licensed title insurer. Buyer has 5 days to examine Title Commitment, seller has 30 days to cure. |
| Condominium documents review | Civil Code Art. 1068.2: syndicate must produce documents "with diligence". Common practice: 15-day review condition negotiated into the offer. | Fla. Stat. § 718.503(2): 7 business days after receipt to cancel (since July 1, 2025). |
| HOA-equivalent documents | No exact equivalent. Co-ownership disclosures handled within condominium framework. | Fla. Stat. § 720.401: 3 calendar days after receipt of HOA disclosure summary to cancel. |
| Insurance contingency | Not standard. Insurance arranged in parallel; if uninsurable, buyer's options are limited. | Rider H. Earlier of 30 days after Effective Date or 10 days before Closing. |
| New-construction cancellation right | Civil Code: 10 days from signing preliminary contract; 0.5% retainable by builder. | Fla. Stat. § 718.503(1) for condo developers: 15 days from execution; non-waivable. |
| Closing officer | Notary (sole). Holds funds, verifies title, registers deed. | Title agent or real estate attorney issues policy and conducts settlement. Recording done at County Clerk separately. |
| Day-counting convention | Typically calendar days unless contract specifies otherwise. Civil Code Art. 1501 for unspecified deadlines. | Calendar days by default. Specific exceptions (condo 7-day review excludes weekends and legal holidays). |
The most important practical differences for a Canadian buyer used to Quebec practice:
The Florida contract is more aggressive about deadlines. Quebec offers tend to use "raisonnable" language that courts can soften; Florida deadlines are cliff-edge and apply mechanically. Read every blank.
Florida title insurance is not the same product as Quebec's notarial title verification. It indemnifies you against most defects rather than guaranteeing a clean chain of title. Quebec buyers used to relying on a notaire's act-of-sale process should plan to retain a Florida real estate attorney to play a comparable diligence role.
Florida appraisal protection requires opt-in. The protection most Quebec buyers take for granted (your bank will not lend more than the property is worth) does exist in Florida, but only indirectly through the financing contingency, and only if you actually have a financing contingency.
The condominium review window is now 7 business days in Florida (since July 1, 2025), comparable to Quebec's typical 15-day negotiated review. The HOA review window is only 3 calendar days, materially shorter than what most Canadians expect.
Worked example: a Canadian buyer purchasing a 600,000 USD condo in Boca Raton
Setup: Canadian buyer (Quebec resident), purchasing a 600,000 USD resale condo in a 12-storey building constructed in 1998. Foreign-national mortgage for 60% loan-to-value (360,000 USD) through a US-based cross-border lender. Effective Date: Monday, May 4, 2026. Targeted closing: Monday, June 29, 2026 (56 days out).
Default deadlines under the AS IS FAR/BAR contract, with no negotiation:
| Contingency | Default deadline | Calendar date | Comment |
|---|---|---|---|
| Inspection period | 15 days from Effective Date | Tuesday, May 19, 2026 | General + 4-point + wind mitigation |
| Loan application | 5 days from Effective Date | Saturday, May 9, 2026 | Foreign-national application started |
| Loan Commitment | 30 days from Effective Date | Wednesday, June 3, 2026 | Tight for foreign-national |
| Title Commitment delivery (financed) | 15 days before Closing | Monday, June 15, 2026 | Title attorney to order early |
| Condominium documents review | 7 business days after receipt | Variable | Buyer's only formal walk-away on building financials |
| HOA / community disclosure | 3 calendar days after receipt | Variable | Applies if condo is in mixed community |
| Insurance contingency (if Rider H attached) | Earlier of June 3 or 10 days before Closing | Wednesday, June 3, 2026 | Get insurance quotes early |
What goes wrong without negotiation:
- The 30-day Loan Commitment deadline lands inside the foreign-national underwriting cycle for most cross-border lenders. The buyer must either ask for an extension (which the seller can refuse) or risk the contract terminating with the deposit at risk depending on the timing of any written notices.
- The general home inspection is straightforward, but the four-point inspection identifies the original 1998 electrical panel as a Federal Pacific Stab-Lok, which most Florida insurers refuse to underwrite. Without Rider H, the buyer discovers this only after the inspection period has expired.
- The condominium documents arrive on Day 12. The 7-business-day review window expires on Day 19 (counting only weekdays). The buyer reads the SIRS, which identifies a 4.2 million USD reserve gap requiring a special assessment of approximately 47,000 USD per unit over the next 24 months. The buyer cancels under Fla. Stat. § 718.503(2) inside the window and recovers the deposit.
Negotiated version (recommended): Inspection period extended to 20 days. Loan Commitment deadline extended to 45 days. Rider F (appraisal) attached with 35-day deadline. Rider H (insurance) attached. Closing pushed to 70 days from Effective Date.
Common mistakes Canadian buyers make
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Signing with default time periods, unchanged. The defaults exist because someone has to fill the blanks. They are not best practice for cross-border buyers. Negotiate every blank: inspection period, loan application, loan commitment, title commitment delivery, closing date.
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Treating "AS IS" as meaning "no inspection". AS IS does not mean the buyer cannot inspect. It means the seller has no obligation to repair. The inspection contingency still applies and is still the strongest protection in the contract.
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Failing to attach Rider F (appraisal) and Rider H (insurance). Both are optional add-ons that disappear if not affirmatively included. Most Canadian buyers expect appraisal and insurance protections as built-in features. They are not.
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Submitting a written notice to the listing agent instead of the seller. Paragraph 18(O) of the FAR/BAR contract specifies notice procedures. Notices delivered to the wrong party may be ineffective. When in doubt, deliver to the seller, the seller's attorney, and the listing broker simultaneously.
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Counting the Effective Date as Day 1. It is Day 0. Day 1 starts on the day after.
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Forgetting that calendar days include weekends and US holidays. A 5-day deadline starting on Wednesday ends on Monday, not Tuesday. The few exceptions (condo 7-day review under Fla. Stat. § 718.503(2)) explicitly exclude weekends and legal holidays.
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Assuming a foreign-national mortgage will close in 30 days. Foreign-national programs are document-heavy. Forty-five to 60 days is realistic. The financing contingency must reflect that.
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Skipping the four-point inspection on a home over 20 years old. Without a passing four-point, most Florida insurers will not write a policy. The buyer who closes on an uninsurable home owns an uninsurable home.
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Not reading the SIRS or Milestone Inspection on a 3+ storey condo building. Special assessments running into the tens of thousands of dollars per unit have become common in older South Florida buildings. The 7-business-day review window is short, but the document is the highest-information disclosure a buyer will receive.
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Using a notaire's-eye-view of title. A Florida title insurance commitment is not a notarial verification. Read it (or have your Florida attorney read it) inside the 5-day examination window. Standard exceptions, easements, restrictive covenants, and boundary issues are routine; a careful read is non-negotiable.
Actionable checklist before signing a FAR/BAR offer
- Retain a Florida real estate attorney before drafting the offer. Not at closing. Before the offer goes in.
- Decide whether to use AS IS or Standard. Default to AS IS unless you have a specific reason otherwise.
- Negotiate a 20-day inspection period if buying long-distance. 15 days only if you are already in Florida and have inspectors lined up.
- Negotiate the Loan Commitment deadline to 45 days for any foreign-national mortgage. Match the closing date.
- Attach Rider F (Appraisal Contingency) if cash or financing buyer who wants valuation protection independent of the lender.
- Attach Rider H (Insurance Contingency) on any property older than 15 years, in a flood zone, or near the coast.
- Identify all riders relevant to the property: Condominium Rider (CR-6_A) for condos, HOA Rider (CR-6_B) for HOA properties, FHA/VA Rider (CR-6_E) if using government financing.
- For condominium purchases, confirm that the seller has, or can obtain, a current Milestone Inspection report and SIRS. If the building is 30 years old or older, this is non-negotiable.
- Schedule the inspection within 48 hours of the Effective Date. Add a four-point and wind mitigation inspection on any home older than 20 years.
- Begin insurance shopping in parallel with inspection. Quotes from at least two carriers, plus a Citizens Property Insurance quote.
- Track every deadline in writing. A spreadsheet with dates, deliverables, and the responsible party is appropriate. Your buyer's broker should also track these, but the deposit is yours.
- Deliver every contingency notice in writing, in the form required by Paragraph 18(O), to the addresses listed in the contract. Email is generally acceptable; verbal notice is not.
FAQ
Is the FAR/BAR contract legally required? No. Buyers and sellers can use any written contract. In practice, more than 90% of Florida residential transactions use one of the FAR/BAR forms. The forms are familiar to attorneys, brokers, lenders, and title companies, which makes the transaction smoother.
Can a Canadian buyer use a Canadian lawyer instead of a Florida attorney? A Canadian lawyer cannot represent the buyer at a Florida closing or issue a title insurance policy. They can review the contract for cross-border tax and estate-planning implications. The Florida-licensed attorney handles the local mechanics. The two roles are complementary, not interchangeable.
Are FAR/BAR contract deadlines tolled during hurricanes? Paragraph 18(G) of the contract addresses force majeure, including weather emergencies that prevent performance. A named storm does not automatically extend deadlines, but documented inability to perform (closed government offices, evacuation orders) can support an extension. Specific facts matter; consult counsel.
What is the deposit at risk if I miss a deadline? In Florida residential transactions, the initial earnest money deposit is typically 1% to 5% of the purchase price. A second deposit (often 5% to 10%) is paid into escrow after the inspection period expires. If the buyer defaults after all contingencies are removed, the seller's standard remedy under Paragraph 15 is the deposit. Under the AS IS contract, this is the seller's exclusive remedy in most circumstances.
Does FIRPTA apply on the buy side? FIRPTA (Foreign Investment in Real Property Tax Act) applies on the sale side, not the buy side. As a Canadian buyer, FIRPTA only becomes relevant when you eventually sell. The acquisition itself does not trigger FIRPTA. See the related guide on FIRPTA in the Sale chapter.
Does a Canadian buyer need an ITIN to close? Not strictly to close, but practically yes. A Canadian buyer without a US Social Security Number will need an ITIN (Individual Taxpayer Identification Number) for property tax administration, FATCA reporting if applicable, and the eventual FIRPTA filing on sale. Apply for the ITIN once the contract is signed, not after closing.
What happens if the Effective Date is not clear? The Effective Date is the date the last party signs and the fully signed contract is delivered to all parties. It must be written into the contract at the top. A contract without a clear Effective Date has unclear deadlines. Insist that the brokerages clarify and date-stamp the Effective Date before any clocks start running.
What is in scope and what is not in scope for this guide
This guide covers the buyer-side contingencies in a standard Florida residential resale using the FAR/BAR Residential or AS IS contract, with a Quebec-reference comparison. The following adjacent topics are out of scope here and treated, or to be treated, in dedicated guides:
- Foreign-national mortgages (acquisition chapter). How Canadian buyers qualify, document, and close a US loan.
- Florida title insurance, doc stamps, and closing costs (acquisition chapter). What the buyer pays at the closing table and why.
- HOA, condominium, and SIRS deep-dive (possession or acquisition chapter). What to look for in association financials before you commit.
- Florida property insurance market (possession chapter). Carriers, rates, and surplus lines for cross-border owners.
- Provincial comparison for Ontario, British Columbia, Alberta, and the Atlantic provinces (acquisition chapter). The Quebec analogue is used here as the reference province; equivalents for other provinces are forthcoming.
Editorial team and essential disclaimer
Editorial team. This guide was produced by the editorial team of canadaflorida.com. Sources are verified at primary level; cross-border legal and tax matters are reviewed against the relevant Canadian and US authorities. Last reviewed: April 29, 2026.
Essential disclaimer. This guide is a reference manual for educational purposes only. It is not legal, tax, financial, or insurance advice. Florida real estate practice changes frequently, and individual transactions present specific facts that this guide cannot address. Before signing a Florida real estate contract, consult a Florida-licensed real estate attorney. For cross-border tax matters, consult an attorney or CPA qualified in both Canadian and US tax law. Time periods and statutory references are stated as of the last reviewed date. They should be re-verified before action.
Educational use only and full disclaimer
The information in this guide is provided for general educational purposes and to help Canadian buyers understand the structure of Florida real estate contracts. It is not legal advice, tax advice, financial advice, mortgage advice, insurance advice, or professional advice of any kind, and it does not create any professional relationship between the reader and canadaflorida.com or its editors.
Florida real estate law, Florida insurance regulation, US federal mortgage rules, and Canadian provincial real estate regulation all change frequently. Statutes are amended, court decisions reinterpret existing rules, and practice norms shift. Information that is accurate as of the last reviewed date may not be accurate at the time of reading. Readers must verify currency before relying on any specific figure, deadline, or statutory reference.
Real estate transactions present jurisdiction-specific facts that depend on the property, the parties, the timing, the financing structure, the buyer's domicile and tax residency, and many other variables. Generic guidance cannot substitute for specific advice. Before signing a Florida real estate contract, before delivering or relying on a contingency notice, and before taking any irreversible step in a Florida real estate transaction, the reader must consult a Florida-licensed real estate attorney. For cross-border tax, estate planning, and immigration matters, the reader must consult counsel qualified in both the relevant Canadian jurisdiction and the United States.
External links in this guide are provided for the reader's convenience. canadaflorida.com does not control the content of external sites and is not responsible for changes, errors, or omissions in linked material. Links to government, statutory, or professional sources should be checked for current revisions.
Limitation of liability: canadaflorida.com, its editors, and its contributors expressly disclaim all liability for any direct, indirect, consequential, or incidental loss arising from reliance on this guide or any portion of it. Use of the information in this guide is at the reader's sole risk.
Jurisdictions covered: this guide focuses on Florida (state) and Quebec (provincial CA reference). Canadian federal rules are mentioned where relevant, including foreign-national mortgage and ITIN-related matters. US federal rules are mentioned where relevant. Comparisons for Canadian provinces other than Quebec are out of scope here and will be addressed in dedicated guides.
Articles connexes à créer:
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Foreign-national mortgages for Canadian buyers in Florida (chapter: acquisition). Angle: how Canadian buyers qualify, document, and close a US foreign-national mortgage, including realistic timelines, lender shortlists, and the documentation gap that explains why 30 days is not enough.
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Florida closing costs and doc stamps for Canadian buyers (chapter: acquisition). Angle: what the buyer actually pays at closing, line by line, with USD figures and CAD comparables.
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Florida property insurance for Canadian non-resident owners (chapter: possession). Angle: the post-2022 carrier landscape, Citizens Property Insurance eligibility, four-point and wind mitigation economics, and surplus lines as a fallback.
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Reading a SIRS and Milestone Inspection report before buying a Florida condo (chapter: acquisition). Angle: a Canadian buyer's structured walk-through of a SIRS, with the financial markers that indicate a special assessment risk.
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Promesse d'achat (Quebec) vs FAR/BAR (Florida): a side-by-side mechanics guide (chapter: acquisition). Angle: a longer treatment of the cross-jurisdictional differences in offer, acceptance, condition fulfilment, and closing, for buyers who have transacted in Quebec.
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Provincial Promise-to-Purchase comparisons for Ontario, BC, Alberta, and Atlantic provinces vs FAR/BAR (chapter: acquisition). Angle: the Quebec reference is published; equivalent comparisons for the other provinces are forthcoming.