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

Published October 9, 2026 · Recalde & Friedman, PLLC

Marketable title is part of the deal

A buyer under the Florida Realtors/Florida Bar AS IS contract is entitled to marketable title, insured by an owner's policy in the amount of the purchase price, subject only to a short list of permitted matters. These include zoning and land-use rules, plat restrictions, certain utility easements, taxes for the year of closing, and assumed or purchase-money mortgages, as long as none of them prevents residential use (Standard A(i), Title Evidence; Restrictions; Easements; Limitations). Marketability is judged under the Title Standards adopted by The Florida Bar and applicable law.

The objection and cure timeline

Standard A(ii), Title Examination, sets the steps:

1. Title commitment delivered. By default, the commitment is due 15 days before closing (5 days for a cash deal) under Paragraph 9(c).
2. Buyer's objection. The buyer has 5 days after receiving the commitment to notify the seller in writing of defects that make title unmarketable. If the buyer doesn't object, the buyer is treated as accepting title as it is.
3. Cure Period. The seller has 30 days after receiving the objection to use reasonable diligent efforts to remove the defects.
4. If cured, the seller notifies the buyer with proof of cure acceptable to the buyer and the buyer's attorney, and the parties close on the closing date, or within 10 days after notice if that date has passed.
5. If not cured, within 5 days after the Cure Period ends the buyer may (a) extend the cure period up to 120 days, (b) accept title with the defects and close, or (c) terminate and get the deposit back.

If, after reasonable diligent effort, the seller still can't cure and the buyer doesn't waive the defect, the contract terminates and the deposit is refunded.

Why this isn't a "seller default"

The seller default paragraph, 15(b), expressly excludes a failure to make title marketable after reasonable diligent effort. A seller who genuinely tries and fails to clear title generally isn't exposed to damages or specific performance. The buyer's remedy is the Standard A choice: wait, accept, or walk away with the deposit. A seller who doesn't try, or who creates the problem, is in a different position.

Typical defects and how long they take

• Unreleased mortgage from a prior refinance: often cured with a payoff letter and satisfaction, or under the title insurer's procedures.
• Judgment lien against the seller or someone with a similar name: may need a payoff, a release, or a name affidavit. Judgment liens arise when a certified copy of the judgment is recorded with the creditor's address (§ 55.10, Fla. Stat.).
• Code-enforcement liens, which can attach to other property owned by the violator (§ 162.09, Fla. Stat.(3)): may need a payoff or a negotiated release from the city.
• Federal tax liens: may need an IRS discharge, which takes time. See our federal tax lien article.
• Probate gaps where an owner died: may need a court order. See selling after an owner dies.
• Missing spousal joinder on a prior homestead deed: see homestead and spouse joinder.

Survey problems count too

If the survey shows encroachments or setback violations and the buyer gives notice within 5 days after receiving the survey (and no later than closing), those matters are treated as title defects subject to the same cure process (Standard B, Survey). See surveys, right-of-way and elevation certificates.

Practical tips

• Buyers: read the commitment as soon as it arrives. The 5-day objection window is short. Our guide to reading a commitment helps.
• Sellers: order title early and get ahead of known issues. A 30-day cure clock running past the closing date affects everyone's moving plans and rate locks.
• Both: extensions and acceptances should be in writing and signed (Standard P). And not every exception is worth an objection; see when not to object.

Hypothetical

The title commitment shows a recorded judgment against a person with the seller's name. The buyer objects on day 3. The seller's attorney shows that the judgment debtor has a different middle name and date of birth, and the title insurer accepts a name affidavit. The defect is cured within the Cure Period, the seller gives written notice with proof, and the parties close on the scheduled date. If the judgment had instead been the seller's and the creditor had refused to give a payoff, the buyer would have had to choose within 5 days after the Cure Period ended: extend, accept, or terminate.

Frequently asked questions