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The closing blog

Plain-English explanations of the issues that come up at Florida closings.

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Condo Association Approval and Your Florida Closing Date

When a condominium association must approve the buyer, the approval can control the timeline. How the Condominium Rider handles approval, what the association may charge, and how to keep the closing on track.

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Inspection Found Major Repairs Under an AS IS Contract: Your Options

An AS IS contract doesn't mean the buyer has no options. How the inspection period works, what the seller must disclose, and how buyers and sellers usually handle a big repair estimate.

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When the Seller Won't Close: A Florida Buyer's Remedies

What a buyer can do when a seller backs out of a Florida real estate contract: deposit refund, damages, specific performance, lis pendens, and the steps that come first.

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When a Buyer Defaults: The Deposit as Liquidated Damages in Florida

What happens to the escrow deposit when a buyer fails to close, how Florida courts treat deposit forfeiture clauses, and why the seller's choice of remedies matters.

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Escrow Deposit Disputes in Florida: What Happens When Both Sides Demand the Money

Who holds the deposit, what the escrow agent must do when buyer and seller both claim it, the FREC procedures for brokers, and how disputes usually end.

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When the Seller Can't Cure Title: Objections, Cure Periods and Your Options

How title objections work under the Florida AS IS contract: the 5-day objection window, the 30-day cure period, extensions up to 120 days, and what happens if the defect can't be fixed.

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"We Can't Close": Anticipatory Repudiation in Florida Real Estate Contracts

What happens when a buyer or seller says before the closing date that they won't or can't close. When a statement is a repudiation, how to respond, and what the other side must still prove.

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Cancelling a Florida Real Estate Contract: A Release and Deposit Checklist

How to end a Florida purchase contract cleanly: confirm the termination right, give proper notice, sign a release that matches the deal, and get the deposit disbursed.

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Conditional Loan Approval vs. Loan Approval: Protecting the Deposit Under the Financing Contingency

Why a lender's conditional approval may not end your financing contingency, how the FR/BAR Loan Approval Period works, and what notices buyers must give before it expires.

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Extending the Loan Approval Period Doesn't Move the Closing Date (and Other Amendment Traps)

Why contract amendments should say exactly which dates change, how a narrow extension can leave other deadlines running, and why a seller's unrelated code lien can still hold up closing.

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How to Count Deadlines in a Florida Real Estate Contract

Calendar days, the Effective Date, weekends and holidays, and the business-day exceptions in Florida condo law. A practical guide to counting FR/BAR contract deadlines correctly.

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Letting a Buyer's Contractors In Before Closing: Access, Liens and Risk

Why work by a buyer's contractor before closing creates lien, insurance and title problems, what the FR/BAR contract allows, and safer ways to get quotes and plans done early.

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When Not to Raise a Title Objection: Reading Exceptions Strategically

Not every item in a title commitment is a defect. Which exceptions the FR/BAR contract already permits, which requirements the seller must satisfy anyway, and when an objection actually helps.

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A Judgment Against the Condo Association: What It Means for a Unit Sale

When a condominium association has a recorded judgment or lien against it, how Florida law limits liens on the condominium as a whole, unit owners' share of association liability, and what buyers should ask.

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Seller Behind on Condo Dues: Estoppels, Collection Attorneys and Master Associations

What happens at closing when the seller owes condo assessments: buyer liability under 718.116, estoppels on accounts in collection, higher fees, multiple associations and prorations.

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Escrow Holdbacks at a Florida Closing: When They Work and How to Write Them

When part of the seller's proceeds is held back after closing for repairs, casualty, FIRPTA or other unfinished items, what the FR/BAR contract already provides, and what a holdback agreement should say.

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Changing the Buyer: Assignment, Adding a Spouse, or Closing in an LLC

How assignability works in the FR/BAR contract, why changing the name on title late causes problems with the lender and title insurer, and the new federal reporting for cash purchases by entities.

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Federal Tax Lien on the Seller: Payoff, Release and Discharge at a Florida Closing

How an IRS lien attaches to a seller's Florida property, where it's recorded, how to get a payoff and release, and when a certificate of discharge is the right tool.

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Selling Florida Real Estate After an Owner Dies: Who Signs and What Title Needs

How title to a deceased owner's Florida property passes, when probate or a court order is required, how the 2-year creditor rule and homestead affect a sale, and what to gather before listing.

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Closing Remotely in Florida: Online Notarization, Remote Witnesses and E-Signatures

How Florida's remote online notarization law works for deeds and closing documents, the identity checks it requires, rules for remote witnesses, and practical tips for out-of-town buyers and sellers.

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Surveys, Right-of-Way Encroachments and Elevation Certificates in Florida Closings

What a boundary survey shows, deadlines for survey objections under the FR/BAR contract, why fences and driveways in the public right-of-way come up, and how elevation certificates fit in.

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Square Footage Doesn't Match: What Florida Buyers and Agents Should Know

Why listing, appraisal and property appraiser square footage often differ, what the FR/BAR contract says about verifying it, and what duties sellers and licensees have.

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Seller Can't Move Out by Closing: Possession, Walk-Throughs and Post-Closing Occupancy

What the FR/BAR contract requires about possession, how the walk-through protects the buyer, when a post-closing occupancy agreement makes sense, and what happens if a seller stays without one.

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Selling Florida Property Owned by a Foreign Company: Authority, Documents and FIRPTA

When the seller is an offshore company, such as a British Virgin Islands entity, what title insurers usually need to confirm it exists and who can sign, how documents signed abroad are handled, and why FIRPTA withholding usually applies.

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FIRPTA With a Single-Member LLC Seller, and the Seller-Financing Cash Shortfall

Who certifies non-foreign status when the seller is a disregarded LLC, why withholding is based on the whole price even when the seller finances, and how Standard V handles a shortfall.

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Florida Documentary Stamp Tax on Deeds and Mortgages: A Plain-English Guide

How Florida doc stamps on deeds, notes and mortgages are calculated, the Miami-Dade rates and surtax, intangible tax, and worked examples.

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Owner's vs. Lender's Title Insurance in Florida: What Each Policy Covers

The lender's policy protects the bank, not you. How owner's and lender's policies differ, how long they last, and how Florida sets premiums.

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How to Read a Florida Title Commitment (Schedule A, B-I and B-II)

A walk through the parts of an ALTA title commitment: Schedule A, the Requirements in Schedule B-I, the Exceptions in Schedule B-II, and what to ask about.

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Open and Expired Permits in Florida Closings: What Buyers and Sellers Should Know

Why open permits matter, how to search them in Miami-Dade and Broward, and what Florida law says about closing a permit pulled by a prior owner.

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Florida Condo Estoppel Certificates (Section 718.116): Deadlines, Fees and Protections

What a condominium association estoppel certificate is, the 10-business-day deadline, statutory fee caps, effective periods, and why buyers rely on it.

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Florida HOA Estoppel Certificates (Section 720.30851): A Closing Guide

How HOA estoppel certificates work in Florida: who can request one, the 10-business-day deadline, fee caps, effective periods and buyer protections.

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FIRPTA Withholding When a Foreign Person Sells Florida Real Estate

How the federal FIRPTA withholding works at a Florida closing: the 15% rate, the reduced rate and exemptions for residences, seller certifications, and withholding certificates.

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Real Estate Wire Fraud: How to Protect Your Closing Funds

Wire fraud targets home buyers with fake wiring instructions. The CFPB's protection steps, red flags, and what to do immediately if you wired to a scammer.

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Why Your Spouse May Need to Sign: Florida Homestead and Spouse Joinder

Florida's Constitution restricts selling or mortgaging homestead without the spouse's joinder, even if only one spouse is on title. What that means at closing.

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Selling Florida Real Estate From an LLC: Proving Who Can Sign

When an LLC sells or mortgages Florida property, title insurers need proof of who has authority. Member-managed vs. manager-managed rules and statements of authority.

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