Florida Rulebook · 689.28, Florida Statutes
Can a Florida deed require a fee every time the home is sold?
A transfer fee covenant is a recorded rule that tries to make each future seller pay a fee to someone when the home is sold. The law says such covenants recorded on or after July 1, 2008 are not binding on later owners. Some common charges, like HOA and government fees, are not counted as transfer fees.
What the law says
- A transfer fee covenant recorded in Florida on or after July 1, 2008 does not run with the title and cannot be enforced against later owners, buyers, or lenders (689.28(3)).
- Liens meant to secure such a fee, if the covenant was recorded on or after July 1, 2008, are void and unenforceable (689.28(3)).
- The law does not say covenants recorded before July 1, 2008 are presumed valid (689.28(3)).
- Not transfer fees: the purchase price, a broker's commission, lender charges, rent, government taxes and fees, and fees owed to an HOA, condo, co-op, or property owners' association, including estoppel fees (689.28(2)(c)).
- Also not transfer fees: certain community charges paid to a nonprofit that supports the community, club membership charges, and payments under an environmental covenant (689.28(2)(c)).
“A transfer fee covenant recorded in this state on or after July 1, 2008, does not run with the title to real property and is not binding on or enforceable”
689.28, Florida Statutes
Who this is for
Buying · Selling
Last checked against the official text on November 5, 2026. Laws change, and the official text always wins. This is general information, not legal advice. For your own situation, ask a Florida real estate attorney.
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