Lee County Agreement for Deed Form

Last validated May 13, 2026 by our Forms Development Team

Lee County Agreement for Deed Form

Lee County Agreement for Deed Form

Fill in the blank Agreement for Deed form formatted to comply with all Florida recording and content requirements.

Document Last Validated 2/13/2026
Lee County Agreement for Deed Guide

Lee County Agreement for Deed Guide

Line by line guide explaining every blank on the Agreement for Deed form.

Document Last Validated 5/1/2026
Lee County Completed Example of the Agreement for Deed Document

Lee County Completed Example of the Agreement for Deed Document

Example of a properly completed Florida Agreement for Deed document for reference.

Document Last Validated 5/13/2026
Lee County Lead Based Paint Disclosure Form

Lee County Lead Based Paint Disclosure Form

Required for residential property built before 1978.

Document Last Validated 5/13/2026
Lee County Sellers Residential Property Disclosure Form

Lee County Sellers Residential Property Disclosure Form

Required form for residential property.

Document Last Validated 5/8/2026

All 5 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Lee County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Lee County Clerk of Courts - Official Records

Address:
2115 2nd St, 2nd floor / PO Box 2278
Fort Meyers, Florida 33901 / 33902

Hours: 8:00am - 5:00pm M-F

Phone: (239) 533-5007

Recording Tips for Lee County:
  • White-out or correction fluid may cause rejection
  • Recorded documents become public record - avoid including SSNs
  • Avoid the last business day of the month when possible

Cities and Jurisdictions in Lee County

Properties in any of these areas use Lee County forms:

  • Alva
  • Boca Grande
  • Bokeelia
  • Bonita Springs
  • Cape Coral
  • Captiva
  • Estero
  • Fort Myers
  • Fort Myers Beach
  • Lehigh Acres
  • North Fort Myers
  • Pineland
  • Saint James City
  • Sanibel

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Lee County

How do I get my forms?

Forms are available for immediate download after payment. The Lee County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Lee County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Lee County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Lee County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Lee County?

Recording fees in Lee County vary. Contact the recorder's office at (239) 533-5007 for current fees.

Questions answered? Let's get started!

A Florida Agreement for Deed — also called a land contract or contract for deed — is a seller-financing instrument in which the seller keeps legal title and the buyer takes possession and pays the purchase price over time. What sets the Florida Agreement for Deed apart from versions used in other states is its tax and remedy treatment. Florida charges documentary stamp tax on the full purchase price when the contract is recorded, and Florida courts treat installment land contracts as equitable mortgages, which means a defaulting buyer cannot simply be locked out — the seller has to follow foreclosure procedures to recover the property and clear the buyer's equitable interest.

When a Florida Agreement for Deed Is Used

This instrument is commonly used when a buyer cannot qualify for conventional mortgage financing — credit history issues, self-employment income that traditional lenders discount, or a property type lenders avoid such as raw acreage, a small lot, or a non-warrantable condominium. Sellers use it to convert a property into a stream of monthly payments rather than a lump sum, to attract buyers in a slow market, or to retain title as security without going through a separate mortgage closing. The arrangement gives both parties flexibility on down payment, interest rate, payment schedule, and balloon terms — but in Florida that flexibility comes with a specific set of statutory and judicial overlays that must be honored to keep the contract enforceable.

Florida Execution and Recording Requirements

Although an Agreement for Deed is technically a contract rather than a deed of conveyance, Florida treats the recordable version like any other instrument that affects title to real property. Execution must satisfy the same formalities Florida uses for conveyances:

  • The seller's signature must be made in the presence of two subscribing witnesses (F.S. 689.01). The witness requirement is a recurring Florida trap because most states require only notarization — Florida requires both two witnesses and an acknowledgment.
  • The seller's signature must be acknowledged before a notary public or other officer authorized to take acknowledgments under F.S. 695.03.
  • The instrument must include a "prepared by" block with the name and address of the natural person who drafted it, plus the post office address of each grantee — here, the buyer (F.S. 695.26).
  • The legal description must be sufficient to identify the parcel; a street address alone will not satisfy a title examiner or insure-against-defect review.
  • The buyer's signature is customarily included even though Florida recording statutes only require the grantor to sign, because the contract creates obligations that run against the buyer.

Record the contract in the official records of the county where the property is located (F.S. 695.01). Until the contract is recorded, a subsequent bona fide purchaser or judgment lienholder without notice can take priority over the buyer's equitable interest.

Documentary Stamp Tax on the Full Purchase Price

Florida's documentary stamp tax (F.S. 201.02) is the single biggest tax difference between a Florida Agreement for Deed and a land contract used in most other states. The Florida Department of Revenue treats execution of an Agreement for Deed as a present transfer of an interest in real property, so doc stamp tax is calculated on the full purchase price stated in the contract — not the down payment, not the payments received to date. The current rate is $0.70 per $100 of consideration ($0.60 per $100 in Miami-Dade County for single-family residences, with a county surtax applying to other property types). The tax is due when the contract is recorded.

Two practical consequences follow from this rule. First, recording the Agreement for Deed is not a free filing — on a $200,000 contract the doc stamps run $1,400 before the clerk will accept the instrument. Second, when the buyer eventually pays in full and the seller delivers a warranty deed or other conveyance, the doc stamp tax has already been paid on the underlying transfer; the closing deed itself can record for nominal consideration to avoid double taxation. The contract should specify which party bears the doc stamp burden at recording and at final conveyance.

The Equitable Mortgage Doctrine

This is the trap that surprises out-of-state sellers. In many states, a contract for deed includes a forfeiture clause — if the buyer defaults, the seller keeps the payments received and reclaims the property without a foreclosure suit. That remedy does not work in Florida. Florida courts have long held that an installment land contract operates as an equitable mortgage: the buyer holds equitable title, the seller holds legal title only as security, and the seller's remedy on default is judicial foreclosure under Chapter 702, not summary forfeiture or eviction. The principle traces to F.S. 697.01, which provides that any instrument intended as security for a debt is deemed a mortgage regardless of its form.

The drafting consequences are concrete. A forfeiture clause buried in the contract will not be enforced as written if the buyer has built up substantial equity, and an attempt to remove a defaulting buyer through county court will be redirected into circuit court as a foreclosure action. Sellers should price the down payment, interest rate, and acceleration terms with the understanding that the recovery process is judicial foreclosure — several months at a minimum and a year or longer if contested.

Homestead Property and Spousal Joinder

If the seller is a natural person and the property is the seller's homestead, Article X, Section 4(c) of the Florida Constitution requires the spouse to join in the conveyance regardless of how title is held. The rule applies even if only one spouse appears on the recorded deed and even if the spouses are separated. An Agreement for Deed signed by only one spouse on homestead property is voidable at the non-joining spouse's election, and a title examiner reviewing the recorded contract will flag the missing signature as a cloud. The marital status of the seller should be recited in the body of the contract, and if the seller is married, the spouse should sign and have the signature witnessed and acknowledged on the same terms as the seller — even when the spouse holds no record interest.

Subdivided Lands Disclosure Under F.S. 498.028

If the property is part of a subdivided lands offering and title will not be conveyed to the buyer within 180 days, F.S. 498.028 imposes additional requirements. The buyer has an absolute right to cancel within seven business days of execution, and any funds paid must be refunded within 20 days of the cancellation notice. The contract must also include — in conspicuous type immediately above the buyer's signature line — a statutory warning that the buyer may not receive the land if the subdivider files for bankruptcy or otherwise fails to perform before delivering the deed. The warning language is mandatory and must appear verbatim. This requirement does not apply to ordinary improved residential resales, but it is the rule that catches sellers using an Agreement for Deed to sell raw subdivided lots over an extended payment period.

What's Included in the Download Package

The package includes the Florida Agreement for Deed form, a completed example showing where each piece of information goes, and a guide explaining the document and the surrounding Florida requirements. The form is suitable for residential property, vacant land, rental property, condominiums, and planned unit developments, and is for use in Florida only. Files are delivered as an instant download in formats that can be filled in on screen or printed and completed by hand.

Important: Your property must be located in Lee County to use these forms. Documents should be recorded at the office below.

This Agreement for Deed meets all recording requirements specific to Lee County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Lee County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Lee County Agreement for Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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June 3rd, 2019

Response time was fantastic. I had no idea it would be so quick. I would definitely use again. They send you a message if they need additional information, etc. I would rate them a 10+ on a 1-10 scale

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June 10th, 2021

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David L.

March 9th, 2021

You did refund my payment, but were unable to provide the deed i needed.

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March 8th, 2019

Excellent so far. Quick response!

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August 13th, 2024

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Rebecca H.

May 22nd, 2021

I thought the forms were reasonably priced, the instructions included in the packet were thorough, and the examples helpful. Thank you for the additional CDR forms too. I contacted the Recorder's office via email with a question and Jennifer Bowser answered promptly. Job well done! However, when I delivered the deed and Real Property Transfer Declaration to the Clerk's office in Lafayette, the clerk was unfamiliar with the Declaration document being submitted and it took some time to convince her to submit the form without charging the recording fee. She even tried to phone the recorder's office for clarification, but no one answered. There then was an additional form at that office that I had to complete called Recording Request/Transmittal Form. I would suggest including that form with instructions in your on-line packet to speed up the process when a Deed is delivered to the County Clerk's satellite office. I do not expect every clerk to know all the particulars of recording requirements but a little knowledge wouldn't hurt.

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Thank you for your feedback. We really appreciate it. Have a great day!

Brenn C.

April 11th, 2022

These products would be more useful if they final deed could be copied and pasted into a word document for proper formatting. Because most of the document is protected against selecting and copying, I did not find it useful. I would not purchase again.

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February 17th, 2021

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January 1st, 2019

No review provided.

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November 8th, 2021

simple to follow and easy to use. Thanks

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July 22nd, 2020

Very easy and quick. Report gave me the info I needed to know. Will use again if I need to.

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