Typically, the closing is performed by a third party such as a licensed Florida real estate attorney or a title company. The closing agent makes sure all the expenses of sale are paid, that the proper prorations are done, records all the legal documents, and then distributes the moneys at the end of the closing.

In Florida, it’s important to consult with an experienced real estate attorney when you’re selling a home. In Florida, we have very special homestead protection laws that you cannot sell your primary residence, mortgage your primary residence or will away your primary residence without your spouse’s consent. So it’s important to know on the front end, even if the house is only in one spouse’s name, there are many times where the other spouse has to sign off on the deed at closing.

Most real estate contracts have a provision that the seller will keep the property in the same condition until closing, except for normal wear and tear. If the change is what would be considered by most to be normal wear and tear, then the seller has no obligation to make any repairs. If the defect discovered is beyond what would be considered normal wear and tear, then the seller may have an obligation to make that repair prior to closing.

If you choose to try to sell your home without a real estate agent, it’s even more important to consult a real estate attorney to make sure you’re following all the proper laws and disclosures.Oftentimes, people want to save money on the commission, but oftentimes, buyers looking at for-sale-by-owners think they’re saving on commission. So, many times, you’re smart to actually employ the services of a licensed real estate agent along with a licensed real estate attorney. They can work together to help you achieve your goals.