When Not to Raise a Title Objection: Reading Exceptions Strategically

Published October 9, 2026 · Recalde & Friedman, PLLC

Why this matters

Under Standard A of the Florida Realtors/Florida Bar AS IS contract, the buyer has 5 days after receiving the title commitment to object to defects that make title unmarketable. An objection starts the seller's 30-day Cure Period and can push the closing. Objections are an important tool, but an objection to something that isn't a defect wastes time and can create friction without helping the buyer.

This article builds on our guide to reading a title commitment and focuses on deciding whether to object.

Exceptions the contract already accepts

Standard A(i) lists matters the buyer agrees to take title subject to, as long as none of them prevents residential use:

• comprehensive land-use plans, zoning and other governmental land-use restrictions;
• restrictions and matters on the plat or common to the subdivision;
• outstanding oil, gas and mineral rights of record without a right of entry;
• unplatted public utility easements of record along the property lines, within the stated widths (up to 10 feet on front and rear lines and 7½ feet on side lines);
• taxes for the year of closing and later years;
• assumed mortgages and purchase-money mortgages, if any.

A typical subdivision commitment lists the plat, the declaration of restrictions, and a few utility easements. Objecting to them as such usually doesn't accomplish anything. Instead, read them to confirm they don't block your plans. A violation of a plat restriction, a utility easement or a tax item is different: the contract treats such a violation existing at closing as a title defect.

Requirements are already the seller's job

Schedule B-I requirements, such as payoffs of the seller's mortgage, satisfactions of judgments, estoppel letters, and entity or probate documents, are conditions the title company needs met before it issues the policy. Standard A(i) says the commitment will set out the matters the seller must discharge at or before closing. A buyer doesn't usually need to object to them to get them done. Instead, watch for whether they're on track.

Standard exceptions that come off at closing

Some exceptions are removed when the right paperwork is provided. Examples include parties in possession (seller's affidavit), construction liens (no-lien affidavit) and survey matters (a qualifying survey) (§ 627.7842, Fla. Stat.(1)). Confirm which ones the title agent expects to delete. That's often a better use of the 5 days than a formal objection.

When an objection does help

• A recorded lien, judgment or lis pendens that isn't listed as a requirement to be paid.
• A gap in the chain of title, such as a deed from someone who didn't hold title or a probate that was never opened.
• An easement or restriction that would prevent residential use or the buyer's known plans, beyond what Standard A(i) permits.
• A survey encroachment, using the separate Standard B notice. See surveys and right-of-way.
• A vesting problem, where the seller on the contract isn't the record owner.

The cost of objecting late or not at all

If the buyer doesn't object within the 5 days, the buyer is treated as accepting title as it then is. If you aren't sure whether an item is a defect, ask the title agent or your attorney within the window. A short, specific objection preserves rights better than none.

How to write a useful objection

1. Identify the exception or item by number and recording reference.
2. Explain why it renders title unmarketable or isn't a permitted exception under Standard A(i).
3. Say what would cure it: a release, satisfaction, corrective deed or endorsement.
4. Send it in writing under Standard O, and copy the closing agent.

What happens next, including the 30-day cure and the 120-day extension option, is covered in when the seller can't cure title.

Hypothetical

A buyer's commitment lists a plat, a declaration of restrictions, a utility easement along the rear lot line, and the seller's mortgage as a requirement. The buyer reads the restrictions and finds nothing that conflicts with plans to add a pool. The easement is within the widths Standard A(i) accepts, and the survey shows nothing built in it. The mortgage will be paid at closing. No objection is needed. The buyer instead asks the title agent to confirm which standard exceptions will be deleted, and the closing stays on schedule.

Frequently asked questions