Which costs does the contract assign to the buyer?
Paragraph 9(b) of the 2024 AS IS form lists the buyer's costs. Items marked conditional depend on which title option in paragraph 9(c) is checked. The seller's list in paragraph 9(a) includes documentary stamp taxes and surtax on the deed.
- Taxes and recording fees on notes and mortgages
- Recording fees for the deed and financing statements
- Loan expenses and appraisal fees
- Buyer's inspections and buyer's attorneys' fees
- All property-related insurance
- Survey, plus elevation certification if required
- Lender's title policy and endorsements
- HOA or condominium association application or transfer fees
- Owner's policy and charges, and a municipal lien search, when the contract makes the buyer responsible[1]
What Florida taxes apply to a mortgage?
As of 2026, Florida's documentary stamp tax on notes and mortgages is 35 cents on each $100 of the debt, paid when the mortgage is recorded, and the same debt is not taxed more than once. The $2,450 cap in that statute applies to notes, not to mortgages. Florida also imposes a one-time nonrecurring intangible tax of 2 mills on obligations secured by a mortgage on Florida real property.
For a $400,000 loan, that works out to $1,400 in documentary stamp tax and $800 in intangible tax, or $2,200 total. A cash buyer with no mortgage does not pay these two taxes.[2][3]
What else shows up at closing?
The CFPB lists common closing charges as appraisal fees, tax service fees, title insurance, government taxes and prepaid items such as property taxes, homeowners insurance and interest until your first payment. A seller credit can offset costs, but the CFPB notes the seller will usually require a higher price to cover it.
Your lender must send a Loan Estimate within three business days of receiving your application and a Closing Disclosure at least three business days before closing, so you can compare the final figures to the estimate. For loan-specific questions, ask a licensed lender.[4][5][6]
Key takeaways
- Florida buyers who finance pay documentary stamp tax of 35 cents per $100 on the mortgage, as of 2026.
- The intangible tax on a Florida mortgage is 2 mills, or $2 per $1,000 borrowed, as of 2026.
- The seller pays documentary stamp tax on the deed under the Florida form contracts.
- Title costs depend on which paragraph 9(c) option is checked in the contract.
- Compare your Closing Disclosure with your Loan Estimate before closing day.
Sources
- [1]Florida Realtors — "AS IS" Residential Contract for Sale and Purchase (FloridaRealtors/FloridaBar-ASIS-6xx Rev. 8/24)
- [2]Florida Legislature — Florida Statutes s. 201.08, Tax on promissory or nonnegotiable notes and mortgages
- [3]Florida Legislature — Florida Statutes s. 199.133, Nonrecurring intangible tax
- [4]CFPB — What fees or charges are paid when closing on a mortgage and who pays them?
- [5]CFPB — What is a Loan Estimate?
- [6]CFPB — What is a Closing Disclosure?
Reviewed October 11, 2026. General real-estate information for Florida, not legal, tax, lending or insurance advice. Laws, rates and deadlines change — confirm property-specific facts with the agency cited, a Florida real-estate attorney, CPA or licensed insurance agent.