Although each closing will be unique to the transaction, almost every property sale in Florida will begin with a Purchase and Sale Agreement. This document begins the closing process. It can contain many provisions, including details about when the buyer could take possession of the property, zoning regulations and information about the title.
A seller generally provides details about the title within another common document: the deed. Buyers in Florida will most likely use one of three types of deeds:
- Warranty Deed. This is the most common form of deed used for residential transactions in Florida. The seller uses this form of deed to provide the following warranties of the title of the property to the buyer: the covenant of seisin, covenant against encumbrances, covenant of further assurances, and a covenant of quiet enjoyment. These provisions essentially provide that the seller has the ability to transfer the property, the property is not subject to liens, the seller will help protect the good title on the property and the seller will defend claims that may be present against the property.
- Special Warranty Deed. A seller generally uses this type of deed to limit warranties. As noted in a recent publication in the Costal Breeze News, developers and personal representatives commonly use this type of deed.
- Quit Claim Deed. This form of deed contains no warranties. It simply conveys ownership rights that the seller may have to the buyer.
Regardless of the type of deed used in the transaction, it is generally wise to conduct a full title search. This will provide detailed information on any open judgements, liens or other matters that could impact ownership of the property.
