Commercial closings

Commercial and investment closings

Commercial transactions add moving parts: entity buyers and sellers, leases and tenants in possession, surveys, zoning and use questions, and larger lender requirements. We coordinate the title side and the closing documents with your transaction team.

What we typically handle

• Title searches and commitments for retail, office, industrial, mixed-use, multifamily and land.
• Review of survey matters and recorded easements, restrictions and plats.
• Entity authority: articles, operating agreements, resolutions and recorded statements of authority. See LLC seller authority.
• Estoppels from tenants and associations, and assignment of leases where the contract calls for it.
• Municipal lien, permit and code-enforcement searches.
• Documentary stamp tax and intangible tax on deeds and loans. In Miami-Dade County, transfers of property other than a single-family residence carry an additional surtax. See the calculator.
• FIRPTA compliance when a seller is a foreign person.

Tenants and parties in possession

Standard title commitments except rights of parties in possession. On an income property, rent rolls, leases and tenant estoppels are how the buyer and lender get comfortable with who is in the building and on what terms.

Recording and timing

Under § 695.01, Fla. Stat., an unrecorded conveyance or mortgage is not good against later creditors or purchasers for value without notice. That is why we record promptly after funding and why title insurers cover the "gap" between the effective date of the commitment and recording when the agent disburses the funds (§ 627.7841, Fla. Stat.).