Frequently Asked Questions

If the property is going to be the primary residence of the married couple, then it is necessary for the spouse to sign acknowledging that they know the property is being encumbered. They are also acknowledging that they waive the homestead rights to the property in the event of default (non-payment of the Note).

In recent years, open, expired, abandoned and inactive permit issues have become a problem in the pre-closing process. Title Insurance does not cover open, expired, abandoned or inactive permits. It covers the underlying land and insures the owner has clear title to the land. It does not insure structures that are built on the land.

Occasionally, work is done on property and no permit is pulled. Title companies/closing agents do not research this scenario. It is the buyer’s responsibility to do their due diligence when buying a home and make sure that the structure(s) on the property match the structure(s) shown on the property appraiser’s website.

Unless it is otherwise noted in the sales contract, the title company/closing agent is not required to clear up a permit issue prior to closing. When a permit issue arises, our office policy it to make all parties (realtors, seller and buyer) aware that a permit issue exists. It is then up to the seller, buyer and realtors to determine how to move forward.

When the contract does NOT stipulate that the seller must close out any permits, a title company/closing agent may not do a permit search. Town Title always orders/performs a permit search when handling a sale transaction.

The As-Is Sales Contract (Rev. 7/23 edition) addresses permit issues in item 12. (c) under section titled SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS. It states that the seller is not required to spend any money on resolving any permit issues but must cooperate if the buyer needs the seller’s assistance to resolve any permit issues prior to closing. Some of the real estate offices are adding a clause to the contract that requires the seller to take care of any permit issues. When that clause is stated in the contract, it then becomes a closing requirement and must be done prior to closing. It is not being done to clear the title. It is being done to comply with the terms of the contract.

A realtor, lender or building official might tell you that it is the job of the title company to clear any permit issues prior to closing. This is not always correct. It is only our job if the sales contract stipulates it.

If you are a seller and want to sell your property, it would be beneficial to call the city or county prior to selling your home to find out if there are any permits. This will allow you time to clear any open or expired permits prior to closing.

If you are a buyer, confirm with the title company or closing agent that they are doing a permit search prior to closing. If they are not doing one, you can ask them to do one. If they do not, then you can do the search yourself by contacting the city or county where the property is located and find out what the procedure and costs are.

• All parties signing closing documents need to bring photo identification (driver’s license, passport, or government issued identification with photo)
• Certificate of Approval form (original or copy) issued by the homeowner’s association, condominium association or property owners association
• Any item your lender requested that you bring as a condition of your loan approval
• Wire receipt for funds wired for closing (only required if you are getting a mortgage)

Having a licensed realtor on your side adds value and expertise to the buying and selling process. However, you can buy or sell without one if you decide to navigate through the process on your own.  Both buyers and sellers will need to perform certain tasks that would otherwise be done by your realtor.  Some of these tasks are:

• Follow up on buyer’s loan commitment;
• Help with buyer’s approval process with the homeowner’s association, condominium association or management company;
• Remind buyer of deadlines for earnest money deposit due dates, loan approval, inspection deadlines, etc.

No, you do not have to attend the closing. There are a few options for signing the documents depending on if you are a seller or buyer and if you are obtaining financing or paying cash. All sellers are required to have documents notarized and witnessed, so when possible, it is best to arrange a time to come to our office to sign the closing documents. We can arrange for this to be prior to the closing date if you are relocating or will be travelling on the date of closing. Buyers paying cash can sign electronically and will not need to attend closing in person. Buyers getting financing must sign in accordance with their lenders requirements and several documents will need to be signed in front of a notary. We can make arrangements for this scenario if you are not local to our area.

If your sales contract is a FARBAR contract (Florida Association of Realtors/Florida Bar), an Owner’s Title Insurance Policy is required as part of the contract. In many cases, the seller will be paying for it as it is customary in Palm Beach County. There are many reasons why you, as a purchaser, should have an Owner’s Title Insurance Policy. Refer to the “Title Insurance” page for more information.

Yay, you've made it! Please arrive on time with proper identification and allow appropriate time for your signing to be completed. Sellers funds will be wired on the closing/funding date and should arrive by the end of the business day. Buyers funds must be sent to our escrow account via wire transfer. NEVER SEND A WIRE WITHOUT CALLING OUR OFFICE FIRST. We recommend that you send your wire 24 hours prior to closing so as not to cause any delays in funding. Once all funds (buyer and lender, if applicable) are received and documents have been signed, funds will be disbursed and keys can be exchanged.

All funds for closing must be in the form of a WIRE TRANSFER. We cannot accept Cash, Direct Deposits, ACH Transfers, Personal Checks, Bank Checks, Official Checks or Cashier’s Checks. Do not send any funds without calling our office to confirm that account information first!

A seller signing or buyer signing on a cash transaction usually takes approximately 30 minutes. A loan closing can take up to an hour and a half, depending on how long it takes to get funding authorization from the lender. We are detailed and make sure to explain the documents you are signing and answer any questions before your closing is completed.

Yes, you can. However, if you decide to sell, since minors lack the capacity to enter legal agreements, a guardian must be appointed by the court. The guardian could be one or both parents or a third party. The court gives the guardian the authority and responsibility to look after the minor’s best interests.

Sellers: Your wired funds should be in your account by the end of the day on the day of closing or the following business day at the latest. Remember to cancel any automatic payments you have set up (HOA, Mortgage, Electric, Cable, etc.). It is also important to cancel your homeowners insurance, and utilities. You should get a refund for any unused portion of your Homeowners policy. Any payoff overage, along with your escrow account, (if applicable) will be sent to you directly from your mortgage holder within 30 days of closing.

Buyers: Contact the proper companies (water, electric, cable, etc.) to set up accounts in your name. We will mail your Owner's Policy and recorded Warranty Deed to you a few weeks after closing. It is very important to apply for Homestead Exemption to put a 3% cap on your property taxes. You can find more information on applying in your copy package from closing or by contacting your county property appraiser. Also, keep in mind many Lenders transfer servicing of your loan to a third party or sell the loan to another lender - make sure if you receive any mail asking you to make your payments to a new location that you also receive a letter from your current lender stating the same.