In short: A Florida closing transfers title and money once the title is clear and every lien is paid or released. Sellers usually pay deed stamps of $0.70 per $100; buyers who borrow pay mortgage stamps and intangible tax. Florida doesn’t require a lawyer, but the title search, lien payoffs, and contract deadlines are where deals go wrong.
Closing day is the end of a process that starts with the contract. Most problems are created weeks earlier, in the title work and the contract deadlines.
What Happens Before Closing
- The closing agent (a title company or attorney) orders a title search and issues a title commitment.
- Liens are identified: mortgages, recorded judgments, code enforcement liens, unpaid taxes, construction liens, and HOA or condo balances.
- Estoppel certificates are requested from any association (§ 720.30851 for HOAs, § 718.116(8) for condos).
- Payoff letters are ordered for every mortgage.
Florida’s Closing Costs
- Documentary stamp tax on the deed: $0.70 per $100 of price (different rates apply in Miami-Dade). Customarily paid by the seller in most counties.
- Mortgage stamps and intangible tax: $0.35 per $100 and 0.2% of a new mortgage, paid by the borrower.
- Title insurance: premiums are set by the state. Who pays for the owner’s policy is a matter of local custom and the contract.
- Prorations: property taxes, association dues, and rents are split as of the closing date.
The Tax Surprise
A buyer doesn’t inherit the seller’s Save Our Homes cap. The assessed value resets to market value the year after a sale, so the buyer’s tax bill can be far higher than the seller’s. Budget for it.
Liens Must Be Cleared
A lien doesn’t disappear at closing unless it is paid, released, or insured over. Code enforcement liens and old judgments are common surprises. Negotiating a code lien reduction with the city can take weeks.
Wire Fraud
Criminals impersonate title agents and send fake wiring instructions. Call the closing agent at a number you already know before sending money, and never act on an emailed change in instructions.
Do You Need a Lawyer?
Florida doesn’t require one. A lawyer earns the fee when the title is messy, the seller is an estate or heirs, there are liens to negotiate, or a deadline in the contract is about to pass.
Watch: the videos behind this article
What Happens at a Real Estate Closing in Florida? | Florida Real Estate Attorney Matthew Weidner
Florida Real Estate Closing Costs Explained | Florida Real Estate Attorney Matthew Weidner
Do I Need a Real Estate Attorney When Selling a House in Florida? | Weidner Law Explains
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate arguments over escrow theft at closing, extended closing dates, and withholding funds for code enforcement, posted on the channel. An argument is not a ruling: read the written opinion before relying on any outcome.
Escrow Agent Stole the Closing Money — Who Eats the Loss? | Kleyman v. Etheria, 3D12-1102
$285K Vanished From Escrow — Does the Agent Owe the Lender? | Brock v. Miklas, 3D12-0394
Can Texts and Conduct Extend a Home Sale Closing Date Despite a Written-Only Clause?
Florida Code Enforcement & Clear Title: Withholding Funds at Closing | Florida Real Estate Attorney
Frequently Asked Questions
Who pays closing costs in Florida?
By custom, sellers usually pay deed stamps and buyers pay mortgage-related taxes, but the contract controls and local custom varies on title insurance.
How much is the documentary stamp tax on a Florida deed?
$0.70 per $100 of the price, with a different rate in Miami-Dade County.
Do I need a lawyer to close on a house in Florida?
No, but a lawyer is valuable when title is complicated, liens must be negotiated, or the seller is an estate.
Will my property taxes go up after I buy a Florida home?
Often. The seller’s Save Our Homes cap doesn’t transfer, so the assessment resets to market value the year after the sale.
Talk to a Florida real estate lawyer
Weidner Law, P.A. handles Florida real estate transactions and disputes from St. Petersburg. If you need a real estate lawyer in St. Petersburg, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida rule and statute is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
