Binder

Definition: In real estate, a preliminary agreement or receipt for a deposit that binds the parties to a transaction until a formal contract is executed. In insurance, a temporary evidence of coverage issued before the permanent policy is delivered.

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Binders in Florida Real Estate

A binder in Florida real estate refers to either a preliminary purchase agreement with an accompanying deposit or a title insurance commitment. Both uses involve preliminary commitments that precede formal documentation.

Purchase Binders

A purchase binder demonstrates the buyer's serious intent while a formal contract is prepared. The binder deposit is typically applied to the earnest money when the formal contract is executed. If the parties cannot agree on contract terms, the binder deposit is usually refundable. Modern practice favors direct submission of formal contracts over preliminary binders.

Title Insurance Binders

A title insurance binder (commitment) is the title company's preliminary report and promise to issue a policy. It identifies the property owner, lists encumbrances and exceptions, states requirements for issuing the policy, and establishes the proposed policy terms. Buyers and lenders review the binder to identify title issues that must be resolved before closing.

Related Terms

Barnes Walker Title Services

Barnes Walker Title issues title commitments and handles closings throughout Southwest Florida. Submit a title inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

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