Making an offer on a Kendall home: legal obligations and cancellation rights explained

Why an offer is more than a number

When a growing family in Kendall finds a home that checks every box, the excitement of submitting an offer can make the legal side feel like a formality. It is not. The moment both parties sign a purchase contract, you enter binding legal territory, and understanding what that means before you sign protects your family's interests and your earnest money deposit.

Price is only one element of an offer. Timing, included items, financing arrangements, inspection or due diligence periods, and other conditions all affect how much risk you carry and how attractive your offer looks to a seller. A knowledgeable real estate agent can help you compare those trade-offs and prepare the right questions before you commit. Learn more about the buying process and how to approach each step with confidence.

Florida's written-contract requirement

In Florida, a verbal agreement to buy or sell a home cannot be enforced in court. Florida's statute of frauds bars an action on a contract for the sale of land unless the agreement, or a note or memorandum of it, is in writing and signed by the party to be charged. In practice, this means your offer needs to be set out in a written document signed by the relevant parties before it carries legal weight.

That requirement has a practical upside for you as a buyer: every term you negotiated, from the purchase price to any contingencies, is on paper and verifiable. Before you sign anything, read the entire document carefully and ask your real estate agent to walk you through any clause you do not fully understand. For specific legal questions about contract language, a Florida real estate attorney is the right resource.

Required disclosures that travel with your contract

Florida law attaches several mandatory disclosures to the contract stage. Two of the most common ones you will encounter as a Kendall buyer are:

• Property tax disclosure summary: A prospective purchaser of residential property must be presented this summary at or before execution of the contract. It warns that you should not rely on the seller's current property tax bill, because a change of ownership or improvements can trigger a reassessment that changes what you owe going forward.
• Radon gas notice: The prescribed radon gas statement must appear on at least one document executed at the time of, or before, the contract for sale and purchase of any building.

Depending on the specific property, other disclosures may also apply. For example, properties near the shoreline may require a coastal construction disclosure, and situations where the seller retains subsurface rights carry their own separate disclosure requirement. Your real estate agent can flag which disclosures are relevant to the home you are considering, but always confirm the complete list with a licensed Florida real estate attorney or title professional.

HOA communities and your right to cancel

Many family-friendly neighborhoods in Kendall are governed by a homeowners' association (HOA). For a mandatory HOA, the prospective parcel owner must receive a disclosure summary before executing the purchase contract. This document covers the association's rules, fees, and obligations.

If that disclosure summary was not provided before you signed, you have the right to void the contract by written notice within 3 days after receiving it, or before closing, whichever comes first. This is one of the few built-in cancellation rights available to buyers at the contract stage under Florida law. If you believe this situation applies to you, act quickly and consult a Florida real estate attorney to make sure you follow the correct written-notice procedure. Always confirm the current HOA documents and any pending assessments with your agent and a title professional as early as possible in the process.

What happens to your deposit

When you make an offer and it is accepted, you will typically be asked to submit an earnest money deposit. In Florida, when a broker receives that deposit, the law requires it to be placed immediately into escrow with a Florida title company, bank, credit union, savings association, or the broker's own Florida trust or escrow account. A sales associate must immediately deliver it to their registered employer for the same handling.

This rule is designed to protect your money while the transaction is in progress. Before you transfer any funds, confirm in writing exactly where the deposit will be held and under what conditions it is refundable. Your purchase contract should spell out the circumstances under which you can recover your deposit if the deal does not close, such as a failed inspection contingency or a financing condition that is not met. If those terms are unclear, ask your real estate agent to clarify them before you sign.

Contingencies and conditions that protect your family

Beyond the statutory rights described above, the conditions you negotiate into your offer are your primary tool for managing risk. Common contingencies in a Florida residential purchase contract include financing, home inspection, and appraisal clauses. Each one defines a specific circumstance under which you may be able to exit the contract or renegotiate without losing your deposit.

For families upsizing in Kendall, a sale-of-current-home contingency may also be relevant if you need the proceeds from your existing property to fund the purchase. These conditions make your offer more complex, but they also make it safer. Work closely with your real estate agent to understand which contingencies are standard in the current Kendall market and which ones a seller is likely to push back on, so you can make informed decisions rather than reactive ones. Reach out to Bryan Cabrera, your real estate agent at RE/MAX Concierge, to discuss how to structure an offer that protects your family while remaining competitive.

The essentials to keep in mind

Making an offer on a Kendall home is an exciting milestone for any growing family, and going in prepared makes all the difference. Get your offer in writing, review every disclosure you receive, understand where your deposit goes and under what conditions it is protected, and negotiate contingencies that give you a clear exit if something unexpected comes up. Work with a real estate agent who knows the Kendall market and can guide you through each step, and lean on a Florida real estate attorney or title professional whenever a legal question arises. The more informed you are before you sign, the more confidently you can move forward.

Ready to make a confident, well-protected offer on a Kendall home your family will love? Contact Bryan Cabrera, your real estate agent at RE/MAX Concierge, to walk through every term, disclosure, and contingency before you sign, so your family moves forward with clarity, not surprises.