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Florida Real Estate Closings FAQs

Florida Real Estate Closings FAQ

Seasoned real estate attorneys in Fort Lauderdale have the answers you need

Closing on a property transaction requires close attention to a multitude of details with a deadline looming. Some aspects of the closing process may seem difficult to grasp, especially for first-time home buyers. At The Law Office of Tania Sayegh Bartolini, P.A., we make sure our clients are fully apprised of all steps in the process and all documents that are necessary, whether we represent the buyer, seller or lender or act as the closing attorney for all interested parties. We always respond promptly to inquiries and concerns as they are raised. Here is a short list of some frequently asked questions:

If you are wondering what is in store when you close on a Florida property, speak to an attorney with a wide range of experience in the field.

Contact an experienced closing attorney in Broward County

The Law Office of Tania Sayegh Bartolini, P.A. provides reliable counsel for residential and commercial property transactions and closings in Broward County and throughout Florida. To schedule a consultation, call 954-603-1865 or contact us online today.

Do all the parties have to be present at the closing?

Florida law does not require all parties to sit around the table at the closing. So, if you cannot be present, there is an option for what is called a “mail away” closing. In this process, closing documents are exchanged via overnight delivery, email, fax, or mobile closer. Payments can be made by wire transfer or internet payment applications. There is nothing unusual about a mail away closing and it can go through smoothly as long as the parties execute the documents properly, which includes having the signing witnessed and notarized. We also offer mobile closer personnel who can come to you, explain the documents in person and notarize them.

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Is a closing different for a cash deal?

People outside the Sunshine State would probably be surprised to learn how often South Florida real estate is purchased for cash. One study revealed that property in the Fort Lauderdale-Pompano Beach-Deerfield Beach area sells for cash about 56 percent of the time. Cash simplifies a closing, since the deal does not depend on a mortgage being granted and there are no financing-related compliance procedures However, the lack of regulatory compliance means that in a cash sale, buyers must protect their own interests. Retaining an experienced attorney can provide that missing layer of security.

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Can we ask my real estate agent for advice?

Sellers and buyers often consult a real estate agent about the process, and this is perfectly fine. However, if you have questions about the language in the sales contract, the agent is not the best person to consult. The agent is not an attorney and may not have a precise understanding of contract language or the specific implications for you. Moreover, the agent’s interests are not wholly aligned with yours, since his or her main goal is completing the sale. To protect yourself, you must take your legal concerns to a knowledgeable real estate attorney.

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Have Florida real estate transactions changed significantly since the passage of Dodd-Frank?

The Dodd Frank financial reforms 2010 created the Consumer Financial Protection Bureau, which imposed greater restrictions on lenders, mostly having to do with private mortgage financing. Commercial mortgage financing has been largely unaffected, but the paperwork has changed. Instead of the HUD-1 Form for the mortgage transactions along with the Truth-in-Lending Disclosure form, Florida closings now require use of the new Closing Disclosure form. There are also new time frames established, including a requirement that lenders provide borrowers with mortgage documents three days prior to closing.

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