Understanding Your Responsibilities as a Seller in Florida’s Real Estate Closing

Selling a property in Florida can be an exciting yet overwhelming process. Whether you’re selling your home to upgrade, cashing out on an investment property, or simply downsizing, the closing process is the final—and most critical—step in transferring ownership. Understanding every aspect of the real estate closing process will help ensure you navigate this often-complex transaction with confidence and ease.

At DuFault Law, we specialize in guiding sellers through the closing process, ensuring your interests are protected every step of the way. In this guide, we’ll break down what you need to know about closing a real estate deal in Florida and how our firm can support you.

Step 1: Accepting the Offer—The First Big Milestone

Once you’ve listed your property and received offers, the next step is reviewing and accepting the offer that aligns with your goals. As a seller, you’ll need to carefully consider the offer terms, including the purchase price, earnest money deposit, closing date, and any contingencies the buyer may have. At this point, it’s essential to understand the buyer’s financing situation and any special requests they may make.

How DuFault Law Can Help: Our team will review the offer with you and make sure the terms are favorable. We can also advise on any contingencies, such as inspection or appraisal contingencies, and ensure they align with your objectives.

Step 2: The Inspection Period—Know Your Rights and Responsibilities

After accepting the offer, the buyer will typically schedule a home inspection within a few days or weeks. In Florida, the inspection period is a critical step in the process. During this period, the buyer will have the opportunity to assess the condition of the property and uncover any potential issues.

If issues arise during the inspection, the buyer may request repairs, price reductions, or credits toward closing costs. As a seller, you’ll have the option to negotiate these requests.

How DuFault Law Can Help: We can help you review any inspection reports, negotiate requests for repairs or credits, and ensure that any agreements made are legally binding. If there’s a disagreement, we’ll help mediate the situation, so you don’t lose the deal.

Step 3: Title Search and Insurance—Making Sure There Are No Surprises

A title search is a standard part of the closing process. The buyer’s title company will conduct a search to ensure there are no liens, unpaid taxes, or other legal issues associated with your property. If any issues are uncovered, they will need to be resolved before the sale can proceed.

In Florida, title insurance is also a common requirement. It protects the buyer from potential future claims against the title, but it’s also essential for the seller to ensure the title is clear to avoid delays or complications at closing.

How DuFault Law Can Help: We will work with the title company to address any title issues that arise. If any issues—such as unpaid liens, debts, or legal disputes—are found, we’ll help you resolve them quickly and efficiently, ensuring there are no delays when it comes to closing.

Step 4: Review the Closing Disclosure—Know Your Costs

Before closing day, the buyer’s lender will provide a closing disclosure that outlines all the financial details of the transaction, including the final purchase price, closing costs, and any other fees. As a seller, you’ll be provided with a settlement statement that shows your proceeds from the sale, along with any deductions, such as real estate agent commissions, repairs, or unpaid property taxes.

It’s important to review these documents carefully to ensure everything aligns with what you agreed upon in the contract.

How DuFault Law Can Help: We will review the closing disclosure and settlement statement with you to ensure that all costs are accurate and that you’re not caught off guard by any unexpected fees. If there are any discrepancies, we’ll work to resolve them before the final signing.

Step 5: Final Walkthrough and Closing Day

A final walkthrough is often conducted before closing, where the buyer will inspect the property one last time to ensure it’s in the condition agreed upon in the contract. If everything checks out, the closing can proceed.

On closing day, both the buyer and seller will meet at the title company (or virtually) to sign the final documents. As the seller, you’ll sign the deed of sale, transferring ownership of the property to the buyer. The buyer will then pay the purchase price (minus any down payment, closing costs, etc.), and you’ll receive the proceeds from the sale.

How DuFault Law Can Help: We’ll ensure that all the paperwork is in order before the closing, helping you understand each document you’re signing and ensuring your interests are fully protected. Our team can also be present during the closing to offer guidance and answer any questions that may arise.

Step 6: After the Closing—What Happens Next?

Once the closing is complete, the sale is officially finalized! The title company will record the deed with the county, and the buyer will receive the keys to the property. At this point, your responsibilities are generally complete, and you’re free to move forward.

However, if you’re facing any post-closing disputes or issues, DuFault Law is here to help. We’ll assist with any questions or concerns that may arise after closing, including disputes related to repairs or the condition of the property.

Why Work with DuFault Law?

The closing process can be complex, and as a seller, it’s crucial to have a legal team that understands Florida’s real estate laws and can protect your interests. At DuFault Law, we’re committed to making sure your real estate transaction goes smoothly from contract to closing.

Whether you need help with contract negotiations, reviewing inspections, handling title issues, or finalizing paperwork, our experienced attorneys are here to guide you every step of the way.

Ready to Close with Confidence?

Selling your property in Florida doesn’t have to be stressful. Let DuFault Law guide you through every step of the real estate closing process. From reviewing contracts to resolving title issues, we’re here to ensure your transaction goes smoothly.

Contact us today at (239) 422-6400 or email contact@dufaultlaw.com to schedule a consultation. Let us help you navigate the closing process and protect your interests every step of the way!