TRUSTED GUIDANCE.

RELENTLESS ADVOCACY.

TRUSTED GUIDANCE.

RELENTLESS ADVOCACY.

Real estate attorney in Naples, Florida reviewing closing documents with clients during a residential property transaction.

Florida Real Estate Closings Made Easy: A Step-by-Step Guide for Homebuyers, Sellers, and Realtors

You’ve found the perfect home or buyer. The contract is signed. Now what?

Welcome to closing—the final, crucial chapter in your real estate journey. But while it’s tempting to think the heavy lifting is over, the truth is, what happens between contract and keys can make or break your deal.

Whether you’re buying a beachfront condo in Naples, selling a commercial warehouse in Miami, or managing a deal as a realtor, understanding the real estate closing process in Florida is essential. It’s where the legal, financial, and logistical threads of the transaction are tied together—and where small oversights can lead to big delays.

At DuFault Law, a full-service law firm serving all of Florida, we guide clients through closings every day. This comprehensive guide will walk you through what happens during a real estate closing, highlight key Florida-specific regulations, and offer tips to ensure you’re protected every step of the way.

What Is a Real Estate Closing?

A real estate closing is the final step in a property transaction—the moment when ownership officially transfers from the seller to the buyer. It’s when the paperwork is signed, funds are disbursed, and the deed is recorded. While it might seem like just a formality, closing is where every piece of the puzzle comes together—and where deals can still fall apart if not handled properly.

Florida is a lien theory state, meaning that when a buyer takes out a mortgage, they retain legal title to the property while the lender holds a lien. In other words, the buyer owns the property, but the lender has the right to foreclose if the loan isn’t repaid. This differs from title theory states, where the lender technically holds title until the mortgage is paid off.

Because of this lien-based structure, having clear title and proper documentation is absolutely essential in Florida closings. That’s where a thorough title search, title insurance, and professional legal oversight come into play—ensuring that no hidden liens, ownership disputes, or legal complications surface after the keys change hands.

And while Florida law doesn’t require an attorney to be present at closing, it’s a smart move to have one. Title companies can facilitate the transaction, but they can’t provide legal advice, explain your rights, or step in if something goes wrong. A Florida real estate attorney, like the team at DuFault Law, can.

Step-by-Step: The Real Estate Closing Process in Florida

Let’s break it down:

1. The Purchase Agreement

Everything starts here. Once both parties sign the Florida Realtors/Florida Bar “As Is” Residential Contract, the timeline kicks off. This contract outlines the terms of the sale—price, deposit, contingencies, timelines, and more.

Florida contracts usually include built-in deadlines for inspections, financing approvals, and closing. Miss one, and you could be in breach.

Pro Tip: Always have a real estate attorney review your contract before signing. We regularly spot vague or risky language that could cause issues down the line.

2. Escrow & Deposits

The buyer submits an earnest money deposit, held in escrow by either a title company or attorney. Escrow ensures the money is protected while the transaction is pending. This deposit typically ranges from 1% to 3% of the purchase price and may be forfeited if the buyer backs out without a valid contingency.

3. Title Search & Commitment

One of the most important steps is the title search—a review of public records to confirm that the seller legally owns the property and that it’s free of liens, claims, or judgments.

At DuFault Law, we issue a title commitment, which outlines what must be cleared or resolved before closing (e.g., paying off a mortgage, resolving an old lien, or correcting an easement).

“We’ve seen title defects ranging from unpaid tax bills to surprise heirs claiming interest. Without a proper title search, buyers risk inheriting legal headaches.”DuFault Law

4. Property Inspections & Disclosures

Buyers are given a fixed period (typically 10–15 days) to inspect the property. In Florida, common inspections include:

  • General home inspection
  • 4-point inspection (roof, electrical, plumbing, HVAC)
  • Wind mitigation report (helps reduce insurance costs)
  • Termite/WDO inspection (especially critical in Florida’s climate)

Sellers must also disclose any known defects. Failure to do so can result in litigation.

5. Appraisal & Financing

If the buyer is using a mortgage, the lender will require an appraisal to confirm the property’s value. They’ll also request documentation such as:

  • Homeowners insurance (required before closing)
  • Flood insurance (if applicable)
  • Verification of income and credit

The buyer must receive a loan commitment before the financing contingency expires. Otherwise, they risk losing their deposit.

6. Clearing the Title & Prepping Docs

While inspections and financing are happening, your attorney or title agent is working behind the scenes to:

  • Resolve title issues
  • Draft the deed and settlement statements
  • Verify property taxes and HOA dues
  • Order estoppel letters from condo or HOA associations

All parties must sign off on the final closing disclosure before the big day.

7. Final Walkthrough

Usually within 24 hours of closing, the buyer does a final walkthrough to ensure the property is in the agreed-upon condition—repairs made, no new damage, and all agreed fixtures or appliances still in place.

8. Closing Day

This is where it all comes together. In Florida, closing can be in-person or remote (thanks to e-signatures and remote online notarization). You’ll sign documents including:

  • The deed
  • Bill of sale
  • Closing disclosure
  • Loan documents (if financing)
  • Title affidavits

Funds are transferred, the deed is recorded with the county clerk, and ownership is officially transferred.
Congratulations—you’re now closed!

What Are Closing Costs in Florida?

Florida closing costs typically range from 2% to 5% of the purchase price. Here’s a general breakdown:

For Buyers:

  • Title insurance (depends on county custom)
  • Appraisal and inspection fees
  • Recording fees
  • Attorney’s fees
  • Lender fees and escrow deposits

For Sellers:

  • Real estate commission
  • Documentary stamp tax (usually $0.70 per $100 of sale price)
  • Title insurance (in some counties)
  • HOA estoppel fees
  • Prorated taxes or assessments

At DuFault Law, we provide clear, itemized settlement statements so you know exactly what you’re paying—and why.

What About Commercial Real Estate Closings?

Florida commercial closings are far more complex and often involve:

  • Lease reviews (if tenants are involved)
  • Environmental assessments (Phase I ESA)
  • Corporate resolutions or LLC approvals
  • Detailed zoning and land use checks

A seasoned Florida real estate attorney is essential to ensure legal compliance, financing accuracy, and proper documentation—especially when seven- or eight-figure investments are on the line.

Common Pitfalls to Avoid

1. Missing Deadlines – Every date in the contract matters. Late paperwork or funding delays can derail the deal.

2. Overlooking HOA Rules – Many Florida homes are in communities with strict rules and costly fees.

3. Underestimating Closing Costs – Make sure you understand your financial obligations up front.

4. Not Reviewing the Title Commitment – You need to know what will and won’t be covered by your title policy.

5. Skipping Legal Review – If your deal gets complicated (and many do), not having legal backup can cost you thousands.

Ready to Close? Let DuFault Law Make It Seamless.

Closing is the finish line—but without the right support, it can feel more like an obstacle course. At DuFault Law, we’re more than just a Naples law firm—we’re your real estate legal partner. From first-time homebuyers to seasoned investors, we help clients across Florida close confidently, securely, and stress-free.

Whether you need title services, contract negotiation, or full-service legal support, our experienced attorneys handle every detail—so you don’t have to.

Call us today at (239) 422-6400, email contact@dufaultlaw.com, or visit our website to schedule your real estate closing consultation. Let us help you move forward—the right way, every time.

Comments are closed

Latest Comments

No comments to show.