Florida-Specific Real Estate FAQs
What is a real estate closing?
A real estate closing is the final step in a property transaction where ownership officially transfers from seller to buyer. All documents are signed, funds are exchanged, and title to the property is transferred. The buyer then takes possession of the property.
Where does the closing take place in Florida?
Closings typically occur at a title company’s office or a real estate attorney’s office, usually in the county where the property is located. The party paying for title insurance often determines the location. However, as times change and technology advances, many offices (such as ours) offer online signing and remote online notarization (subject to lender and underwriter approval).
Do I need a real estate attorney for closing in Florida?
Florida law does not require an attorney for real estate closings, but having one can help protect your interests, review documents, and address any legal issues that arise.
Who pays closing costs in Florida?
Both buyers and sellers are responsible for their own “closing services” costs. This includes services performed by title agents or attorneys, document preparation, and fund disbursement. The party responsible for title insurance is dependent on the county in which the closing occurs. However, it is important to know that closing costs are all negotiable and should be negotiated prior to executing a contract.
What disclosures are required from sellers in 2025?
Sellers must now disclose flood risks and any history of flooding on the property before a sale. This is in addition to standard disclosures about property conditions.
What is title insurance and why is it important?
Title insurance protects buyers and lenders against potential title defects, such as liens or ownership disputes.
What happens if there are liens or easements on the property?
A title search is conducted before closing to uncover any liens or easements. These must be resolved before the transaction can proceed. Buyers should directly ask about any existing liens or easements to avoid surprises. Some easements are not able to be resolved so it is important to have an understanding of your commitment and will or will not be covered by the title insurance policy.
Can a seller back out before closing?
A seller can only back out under specific circumstances, such as a buyer default or undisclosed property defects. Wrongful termination of the contract can lead to legal action by the buyer, so consulting an attorney is recommended.
How have squatters’ rights changed in Florida?
As of 2025, Florida has significantly limited squatters’ rights, making it easier for property owners to remove unauthorized occupants. New criminal penalties exist for those who falsely advertise or rent property they do not own.
Are there any local zoning or development changes I should know about?
Buyers should inquire about any planned rezonings or developments in the area, as these can affect property value and intended use. Ask the seller, agent, and local authorities for updates on community changes.
Real Estate FAQs | For Buyers
Do I need a real estate agent to buy a home?
No, but working with a buyer’s agent can help you find properties, negotiate offers, and navigate paperwork. Some buyers choose to purchase directly from sellers, but an agent’s expertise can simplify the process.
What is a home inspection and why is it important?
A home inspection is a professional assessment of the property’s condition, including structure, systems, and appliances. It can reveal issues that may affect your decision or give you leverage to negotiate repairs or price adjustments.
How much do I need for a down payment?
Down payments typically range from 3% to 20% of the purchase price, depending on the loan type and lender requirements.
What are closing costs and who pays them?
Closing costs are fees associated with finalizing the sale, such as lien search, survey, title insurance, and transfer taxes. Both buyers and sellers pay certain costs, with specifics outlined in the purchase agreement.
How do real estate agent commissions work in 2025?
Buyers may be responsible for paying their agent’s commission directly, so discuss fees and responsibilities with your agent upfront.
What is title insurance, and do I need it?
Title insurance protects against legal claims on the property’s ownership. Most lenders require it, and it’s highly recommended for buyers.
Real Estate FAQs | For Sellers
Do I need a real estate agent to sell my home?
No, but agents can help with pricing, marketing, negotiations, and paperwork. You can sell “For Sale By Owner” (FSBO), but you’ll handle these tasks yourself.
What disclosures am I required to make?
In 2025, sellers must provide comprehensive disclosures, including property condition, energy efficiency ratings, smart home devices, and any unpermitted work. Requirements vary by state, so consult your agent or attorney.
How are commissions handled in 2025?
Commission arrangements are now disclosed upfront. Sellers may still pay the listing agent’s commission, but buyers may pay their own agent’s fee directly. Clarify this in your listing agreement.
Should I hire a real estate attorney?
Some states require an attorney for closing; in others, it’s optional but recommended to protect your interests.
What are typical seller closing costs?
Sellers may pay agent commissions, title fees, transfer taxes, and any outstanding mortgage balance. Your agent or attorney will provide a detailed list.
Real Estate FAQs | General
How long does it take to close a real estate transaction?
Typically, 30–60 days from contract signing to closing, depending on financing, inspections, and negotiations.
What happens if the appraisal is lower than the purchase price?
The buyer and seller may renegotiate the price, the buyer can make up the difference, or the deal may fall through if an agreement isn’t reached (based on the contract terms).
What is earnest money?
Earnest money is a deposit made by the buyer to show serious intent. It’s held in escrow and applied to closing costs or the down payment. It is important to know your contract deadlines as the deposit can be lost in the event of a buyer’s default.