Last reviewed: 15 October 2026

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Florida home warranty cancellation rights

This page covers Florida only. It explains the cancellation and refund rules that Florida's home warranty statute sets, then lists what to look for in a contract. It is general information, not legal advice.

Other states' rules differ. If you are not in Florida, check your own contract and your state's rules.

What a home warranty is under Florida law

Florida defines a home warranty as a contract where a company agrees to pay for, or carry out, the repair or replacement of a home's structural components or appliances when they fail from "wear and tear or an inherent defect" (s. 634.301, read 2026-10-15).^[2]

Florida's cancellation rule, step by step

Florida Statutes s. 634.312(5) (read 2026-10-15) requires every home warranty contract to "contain a cancellation provision", and sets these minimums:^[1]

Illustrative example only (not a real contract): say you paid $600 for a 12-month plan, cancel after 6 months, and have had no claims paid. The unearned pro-rata premium is $300 (half the term is left). Under the Florida rule, the refund is based on 90% of that, which is $270. If a claim had been paid, its cost would be subtracted.

Other Florida contract requirements worth knowing

Under the same section (read 2026-10-15):^[1]

• The contract must be mailed, delivered or electronically sent to you within 45 days after coverage takes effect.
• Exclusions, restrictions and limits must be in boldfaced type, with a front-page notice pointing to where the exclusions are listed.
• The contract can be assigned to the next buyer of the home, at least within 15 days of the sale, and the assignment fee can't be more than $40.
• The contract must come with a written disclosure that its rate is not regulated by Florida's insurance regulator (the Office of Insurance Regulation).

What to check in any home warranty contract

Read the contract itself before you pay. Look for:

• The cancellation section. Does it let you cancel at any time, or only for certain reasons? Some contracts say they are non-cancelable except in narrow cases. Check whether that applies to you.
• The full-refund window. How many days do you have to cancel for a full refund, and what can be deducted (claims paid, service costs, a fee)?
• The refund after that window. Is it pro rata? What administrative or processing fee is subtracted, and is it a fixed amount or a percentage?
• Monthly plans. Some contracts end coverage at the end of the last paid month with no refund.
• The waiting period. Many contracts don't cover claims for a set number of days after you buy. Find the exact number of days in your own contract, not only in marketing pages.
• How to cancel. Whether written notice is required, and where to send it.
• Your state's rules. Other states' rules differ; check your own contract and your state's rules.

FAQ

Can I cancel a home warranty?

In Florida, the statute lets a buyer cancel within 10 days of purchase and get the premium back less claims paid and a fee of up to 5%. Other states' rules differ; check your own contract and state.

Do I get money back if I cancel later?

In Florida, after 10 days the refund is based on 90% of the unearned pro-rata premium, less claims paid. Other states' rules differ; check your own contract and state.

References

1. [1] Florida Statutes s. 634.312, Forms; required provisions and procedures (home warranties). https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0634/Sections/0634.312.html
2. [2] Florida Statutes s. 634.301, Definitions (home warranties). https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0634/Sections/0634.301.html