Residential Real Estate Closings in Miami

Arturo R. Alfonso P.A. handles residential closings for buyers and sellers of Miami-Dade houses, townhomes, and condominiums, in English and Spanish. This page explains how the firm runs a closing from signed contract to recorded deed: what happens at each stage, which documents you will see, and which deadlines matter.

Florida law does not require an attorney at a residential closing; a title company can close the sale, as our guide Is Florida a title company or attorney closing state? explains. Clients come to the firm when they want one office to read the contract, examine title, prepare the closing documents, and explain every figure before they sign. For a task-by-task list of an attorney’s role at the table, see What does a real estate attorney do at closing? This page covers the process from your side: what we ask you for, and when.

Stage 1: The Contract and Its Deadlines

Most Miami-Dade home sales are written on a standard form contract, and its deadlines start running on the effective date: the deposit, the inspection period, the loan application and approval, and the closing date itself. We read the contract as soon as you send it and give you a written calendar of every date, because a missed deadline can cost a buyer a contingency or a seller a remedy.

Florida adds disclosure rules of its own, and we check that each one has been handled:

• Property tax disclosure. Under Section 689.261, a buyer of residential property must receive a summary, at or before signing the contract, warning that a change of ownership can trigger a reassessment and higher property taxes.
• Flood disclosure. Since October 1, 2024, Section 689.302 requires the seller of residential property to complete and give the buyer a flood disclosure at or before the time the contract is signed.
• Condominium resales. Under Section 718.503(2), the buyer is entitled, at the seller’s expense, to the declaration, articles, bylaws and rules, the annual financial statement and budget, the association’s question-and-answer sheet, and, where they exist, the milestone inspection report, the structural integrity reserve study, and the turnover inspection report. The buyer may cancel within 7 days, excluding Saturdays, Sundays, and legal holidays, after signing and receiving them. That right ends at closing.
• HOA communities. Under Section 720.401, the buyer should receive the association disclosure summary before signing. If it was not provided, the buyer may cancel within 3 days after receiving it or before closing, whichever comes first.

Stage 2: Title, Association Paperwork, and Court Orders

Once the contract is signed, we order the title search. It shows who holds title, the open mortgages, and any recorded liens or judgments that must be cleared before an insurer will issue a policy. Florida title insurance premiums are set by rule under Section 627.782, so the base premium is the same whichever agent issues the policy. When the search turns up a problem, such as an unreleased mortgage or a missing signature from a prior owner’s spouse or estate, we tell you what it will take to clear and whether it puts the closing date at risk. Our guide to common title defects covers the usual cures.

For a condominium or HOA property, we request the estoppel certificate, which states what the owner owes the association, and we track any application the building requires before it approves a sale. If the seller is selling out of an estate or a divorce, the sale may depend on an order or judgment from the Eleventh Judicial Circuit, the circuit court for Miami-Dade County, and we build that into the schedule. See Can I sell a house in probate in Florida?

Stage 3: Documents and Figures Before You Sign

Before closing day we prepare or review the deed, the seller’s affidavit on liens and possession, any bill of sale for personal property, and the settlement statement. We send you the figures in advance so questions get answered before the signing, not at it.

Miami-Dade figures differ from the rest of Florida. Statewide, the documentary stamp tax on a deed is 70 cents per $100 of the price (Section 201.02). In Miami-Dade it is 60 cents per $100, plus a surtax of 45 cents per $100 under Section 125.0167 that does not apply to a deed transferring only a single-family dwelling (Florida Department of Revenue). On a financed purchase, the note and mortgage carry 35 cents per $100 (Section 201.08), and the mortgage carries a one-time intangible tax of 2 mills (Section 199.133). The contract usually decides who pays each charge; see who pays closing costs in Florida.

Stage 4: Signing, Recording, and After Closing

A Florida deed must be signed in the presence of two subscribing witnesses (Section 689.01). For a deed signed electronically, the statute allows the witnesses to be present through audio-video technology, which can help a buyer or seller who is out of the country. To be recorded, the deed must also show the printed names and mailing addresses of those who signed and witnessed it, the name and address of the person who prepared it, and each grantee’s name and address (Section 695.26).

After the funds are disbursed, the deed and any mortgage are recorded with the Miami-Dade Clerk’s Office of County Recorder, in person at the Osvaldo N. Soto Miami-Dade Justice Center, by mail, or through an approved eRecording vendor. The Clerk lists recording at $10 for the first page and $8.50 for each additional page. The owner’s title policy is issued after recording.

If the home will be your permanent residence, apply for the homestead exemption with the Miami-Dade Property Appraiser. Section 196.011 sets March 1 as the filing deadline for the tax year, and a missed deadline generally waives the exemption for that year.

What to Send Us at the Start

• The signed contract with every addendum and counteroffer.
• Your lender’s contact, if the purchase is financed.
• For sellers: your mortgage statement, association contact, and any prior title policy or survey you have.
• For a seller who is not a U.S. person: tell us early, because federal withholding may apply. See foreign buyers and FIRPTA.

How long each stage takes depends on the financing, the title search, and the association. Our guide How long does a real estate closing take in Florida? walks through a typical calendar, and How much are closing costs in Florida? covers the full cost picture.

Related Pages

• Real Estate Law in Miami
• What does a real estate attorney do at closing?
• Do I need a real estate attorney to buy a house in Florida?
• What is title insurance and do I need it in Florida?
• What is escrow and how does it work in Florida?