Closing on a Florida Property? Here's What Your Title Company Won't Tell You

A Florida closing may involve a title agency, an attorney, a lender and other professionals with different responsibilities. Before relying on a closing file, confirm whom each professional represents and what work is included. Providing closing or title services does not, by itself, tell you whether someone is acting as your legal counsel.

Use the following questions to organize your review before contractual deadlines expire. This is a general checklist, not an account of a client matter or a statement about any particular title company.

1. What Does the Title Commitment Require?

Request the commitment and copies of the documents it references. Identify requirements to be completed before a policy issues and exceptions expected to remain. Ask how recorded mortgages, judgments, taxes and other listed matters will be addressed, and what updates will be obtained before closing. Do not assume every debt owed by a seller becomes the buyer's obligation; its legal effect depends on the type of claim, the records and applicable law.

2. Do the Survey and Property Records Match the Intended Use?

Ask whether an appropriate current survey is needed. Compare the legal description, access, easements, boundaries and improvements with the purchase contract and proposed coverage. Identify questions for a surveyor, the title professional or counsel before proceeding. The treatment of a boundary or survey issue depends on the facts and the policy language; insurance does not automatically confirm that every improvement lies within the property lines.

3. What Association Documents and Assessments Need Review?

For a condominium or property in a homeowners' association, request the association documents, applicable estoppel information and available assessment and financial records relevant to the transaction. Ask which amounts are due, whether additional approvals or records are needed and how the contract allocates charges. Do not assume one certificate answers every question about association finances, litigation, building condition or future assessments.

4. Are There Questions in the Ownership History?

A prior deed, estate, divorce, missing signature or suspected fraudulent transfer may require additional records or legal analysis. Ask what evidence supports the proposed transfer and whether an identified issue will be corrected, excepted from coverage or otherwise addressed. Some issues can be resolved before closing; others require a different timetable or a decision under the contract.

Understand Who and What the Policy Covers

An owner's title policy protects the owner's insured interest, while a lender's policy protects the lender's interest. Read the proposed policy terms, exceptions and exclusions. If a concern arises after closing, preserve the file and check the policy's notice and claim requirements promptly. Title insurance is not a promise that every property problem will be covered.

Questions for Your Closing Team

• Who represents me, and what is the agreed scope of work?
• Which documents and policy exceptions still need an explanation?
• What requirements remain before closing, and who is responsible?
• Which contract deadlines apply to an objection or termination decision?
• What fees and separate professional services should I expect?

The available response to an issue depends on the contract and facts. Do not assume that identifying a concern automatically creates a right to delay closing, cancel the purchase or recover a deposit.

Request an Initial Case Assessment with The Elliot Legal Group, or see our title and closing dispute services.

Start with a 20-minute Initial Case Assessment with Jenny Elliot, a non-attorney member of the operations team, to discuss firm fit, conflicts and next steps. Intake does not include legal advice or document review. The team confirms attorney consultation fees and arrangements before booking; representation requires an agreed written engagement.

Source: Florida Department of Financial Services, Title Insurance Overview.

Attorney advertising. General information only; not legal advice.