Closing Cost Estimate

Definition: An itemized estimate of all fees, taxes, and charges the buyer and seller will incur in completing a real estate transaction. In Florida, closing costs typically include documentary stamps, title insurance, recording fees, attorney fees, and prorations.

Return to Glossary

Barnes Walker legal reference book
#ABCDEFGHIJKLMNOPQRSTUVWXYZ

Closing Cost Estimate Information

Closing costs in Florida are divided between the buyer and the seller according to local custom and contract negotiation. Common buyer closing costs include: title insurance premiums (owner's and lender's policies), loan origination fees and discount points, appraisal and survey fees, recording fees for the deed and mortgage, intangible tax on the mortgage, attorney fees, credit report and flood certification fees, prepaid insurance, taxes, and interest, and escrow reserves. Common seller closing costs include: documentary stamp tax on the deed, broker commissions, title search and examination fees, deed preparation, mortgage satisfaction fees, and prorations (taxes, assessments, and HOA fees). Total closing costs in Florida typically range from 2-5% of the purchase price for buyers and 6-8% for sellers (including commissions).

Florida Legal Definition

Florida closing costs include several state-specific charges: documentary stamp tax on the deed (§201.02 at $0.70 per $100 of the purchase price), documentary stamp tax on the mortgage (§201.08 at $0.35 per $100 of the mortgage amount), intangible tax on the mortgage (§199.133 at $0.002 per $1.00 of the mortgage amount), title insurance premiums (promulgated by the Office of Insurance Regulation), and recording fees (§28.24 at $10 for the first page and $8.50 for each additional page). Under the Florida Bar/FAR contract, the allocation of closing costs is specified in the contract (the seller typically pays: doc stamps on the deed, title search, and their attorney fees; the buyer typically pays: lender's title insurance, recording fees, and their attorney fees). Who pays the owner's title insurance premium varies by county custom.

How It's Used in Practice

In practice, attorneys prepare closing cost estimates early in the transaction to set expectations. The attorney: calculates the documentary stamp tax and intangible tax based on the purchase price and mortgage amount, estimates the title insurance premiums using the promulgated rate schedule, estimates the recording fees based on document lengths, calculates prorations for property taxes, HOA/condo assessments, and rents (if applicable), and identifies any transaction-specific costs (special assessment payoffs, lien satisfactions, and survey fees). The closing cost estimate is refined as the transaction progresses and becomes the actual Closing Disclosure (for buyer-financed transactions under TRID) or closing statement (for cash transactions). The attorney reviews the final closing statement for accuracy before closing.

Key Takeaways

Business Attorneys
Real Estate Attorneys
Litigation Attorneys
Estate Planning Attorneys
Business Sale Closings
How to Sell a Business in Florida

Florida Law Reference

12 U.S.C. § 2601 et seq. (RESPA); Fla. Stat. § 627.7711

Real estate closings in Florida are governed by federal RESPA requirements and state title insurance regulations. Florida is a "title state" where closings are typically handled by title companies or attorneys.

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.

Trust • Experience • Results

Ready to Get Started?

Contact our team for a consultation. We'll guide you through the process.

Legal Inquiry Title Inquiry