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Florida has some unique rules, benefits, and quirks that affect the real estate transaction in ways that surprise people from other states or even longtime Floridians who haven’t bought or sold recently.
Here’s our quick guide to the things that matter most for Jacksonville empty nesters.
1. Florida Is a Disclosure State
Florida law requires sellers to disclose any known material defects that affect the value or desirability of the property. This includes things like past flooding, roof leaks, foundation issues, Chinese drywall (still a concern in some post-2000 homes), and HOA issues.
You don’t need to guess what a buyer might care about. You need to disclose what you know. Your agent will walk you through the disclosure process in detail.
2. Florida Has No State Income Tax, But You May Still Owe Capital Gains
Florida has no state income tax, which is wonderful. But the federal capital gains tax still applies to profit from the sale of your home if it exceeds the exemption thresholds.
The good news: if you’ve lived in your home as your primary residence for at least 2 of the last 5 years, you can exclude up to $250,000 of profit (single filer) or $500,000 (married filing jointly) from federal capital gains tax.
Most Jacksonville homeowners who are downsizing fall well within these exclusions. But if you’ve had extraordinary appreciation, talk to your tax advisor.
3. Homestead Exemption Protects You From Creditors, Not Just Taxes
Florida’s homestead law is one of the strongest in the country. It not only reduces your property taxes, it also protects your primary residence from most creditors. This is a benefit that matters to people who run businesses or have financial complexity in their lives.
4. Flood Zones Are a Real Consideration in Jacksonville
Jacksonville is a coastal city on a river. Flood zones are real, and they matter for both property value and insurance costs. Before buying any home in Jacksonville, check the FEMA flood zone designation. Homes in higher-risk flood zones require flood insurance, which can add $1,500 to $5,000 or more per year to your carrying costs.
We always check flood zone status for every home we show clients. You should too.
5. HOA Rules Can Significantly Affect Your Lifestyle
Florida has very strong HOA laws, and many Jacksonville communities have detailed CC&Rs that govern everything from paint colors to parking to whether you can have a vegetable garden. Before you fall in love with a home in an HOA community, read the rules. Really read them.
6. Title Insurance Works Differently in Florida
Florida uses a different system for title insurance than many states. In some counties, the seller traditionally pays for title insurance. In others, the buyer does. In Jacksonville (Duval County), it’s common for the seller to pay for the owner’s title policy. Understanding this affects how you negotiate.
Have questions about any of the Florida-specific nuances of buying or selling in Jacksonville? Call (904) 515-2479 |
Download our free Right-Sizing Roadmap for a full overview of the Jacksonville transaction process. Request yours here.
Kevin and Jennifer Hanley, REALTORS® | KW Atlantic Partners Southside The Hanley Home Team HanleyHomeTeam.com
