Who handles a Florida closing?
The purchase contract names a Closing Agent, and paragraph 9(c) of the Florida Realtors/Florida Bar forms decides whether the buyer or the seller designates it. That agent can be a licensed title insurance agency or a Florida attorney.
A person may not act as a title insurance agent in Florida without a license, while attorneys admitted in Florida and in good standing with The Florida Bar are exempt from that licensing. A licensed title agency acting as escrow agent must place funds in a Florida financial institution, use them only according to the closing instructions, and keep separate records of receipts and disbursements.[2][3][4]
What can your own attorney do?
The Florida Bar's consumer guide says the time to retain a lawyer is before the purchase contract is signed, because terms generally cannot be changed afterward without the seller's approval, and the law assumes you read and understood what you signed. You can make an offer contingent on attorney review, but review before signing is preferred.
The guide also notes that the closing agent may not necessarily represent your personal interest, and that title insurance premiums should be disclosed separately from any legal fees.[1]
When is legal review worth considering?
The Florida Bar's checklist highlights issues where a lawyer's input can matter:
- What could put your deposit at risk, and whether you get it back if your loan is denied
- What kind of deed the seller provides and how you will take title
- Remedies if the title has problems or either party defaults
- Who is responsible for unpermitted work or open or expired permits
- Who can sign when the buyer or seller is a trust or company
- Builder contracts and new construction, including construction lien concerns[1]
Key takeaways
- Florida closings can be handled by a licensed title agency or a Florida attorney.
- Hiring your own attorney is optional, but The Florida Bar recommends contract review before you sign.
- The closing agent may not represent your personal interests.
- Title agencies must hold escrow funds in a Florida financial institution and keep separate records.
- Consult a Florida real estate attorney for title problems, entity buyers, permits or builder contracts.
Sources
- [1]The Florida Bar — Consumer Pamphlet: Buying a Home
- [2]Florida Legislature — Florida Statutes s. 626.8417, Title insurance agent licensure
- [3]Florida Legislature — Florida Statutes s. 626.8473, Escrow; trust fund (title agencies)
- [4]Florida Realtors — "AS IS" Residential Contract for Sale and Purchase (FloridaRealtors/FloridaBar-ASIS-6xx Rev. 8/24)
Reviewed October 11, 2026. General real-estate information for Florida, not legal, tax, lending or insurance advice. Laws, rates and deadlines change — confirm property-specific facts with the agency cited, a Florida real-estate attorney, CPA or licensed insurance agent.