Florida Closing Documents: What Sellers and Buyers Sign, Explained in Plain English

Florida closing documents can look like a stack of legal paper with no plain explanation attached. In truth, most of the pile does a few simple jobs. One paper moves ownership, one shows the money, and several promise the title is clean. If the buyer has a loan, a few more set up that debt. This guide walks through what sellers and buyers sign at a typical Palm Beach County closing, what each paper means, and how to sign early or from out of town.

Key takeaways

• The seller signs the deed. Under Florida law, a deed must be signed in front of two witnesses, and it is usually notarized so the county can record it.
• Both sides sign a settlement statement that lists every charge and credit. A buyer with a mortgage also gets a Closing Disclosure at least three business days before closing.
• Sellers sign title affidavits about liens, repairs and who is in possession. Foreign sellers may face FIRPTA withholding, which is generally 15% of the amount realized.
• Buyers with a loan sign a promissory note and a mortgage. Florida charges doc stamp tax on the note and a one-time intangible tax on the mortgage.
• Florida allows remote online notarization, so many sellers sign days ahead or from another state.

Who prepares Florida closing documents?

In Palm Beach County, a title company or a real estate attorney usually acts as the closing agent. That office orders the title search, gets payoff letters and HOA estoppel letters, and drafts most of the paperwork. If the buyer has a loan, the lender sends its own package to the closing agent.

The purchase contract also shapes the paperwork. For example, the widely used Florida Realtors and Florida Bar "AS IS" contract lists who pays which costs, and the closing agent follows it when building the numbers. So if a cost on your statement surprises you, check the contract first.

Most of the forms below are standard. However, each title office has its own versions of affidavits and closing instructions. Ask your closing agent for a draft set a few days early, and read it before the signing day.

Florida closing documents the seller signs

A seller's packet is usually shorter than a buyer's. Even so, each page matters, because several of them are sworn statements.

The deed

The deed is the paper that moves ownership from seller to buyer. Most resale homes in Florida transfer by warranty deed, though some sales use a special warranty deed or another form. Your contract and the title company decide which one.

Under section 689.01 of the Florida Statutes, a deed must be signed in front of two subscribing witnesses. The statute also allows witnesses to appear by audio and video in some cases. In practice, the title company also has the deed notarized so the county clerk will record it. Every owner on title must sign, or someone must sign for them under a valid power of attorney.

If you want the difference between a deed and title explained, our post on deed vs. title covers it in simple terms.

The settlement statement

The settlement statement, often an ALTA form, lists the price, your loan payoff, commissions, title charges, prorated taxes, HOA dues and doc stamps. At the bottom, it shows your net proceeds. Both sides sign to approve the numbers.

Check it line by line. Then compare it with your contract and with any net sheet your agent gave you. In most Florida counties, the seller pays the deed doc stamp tax of 70 cents per $100 of the price, according to the Florida Department of Revenue. On a $650,000 sale, that is $4,550.

Title affidavits

Next come the sworn statements the title insurer relies on. Names vary, but a seller's affidavit usually confirms several facts:

• No one else claims an interest in the property.
• No recent work has been done that could lead to an unpaid contractor lien.
• There are no unrecorded leases, and no one else lives in the home.
• You are not in a bankruptcy or a divorce case that affects the property.

Because these are sworn, answer them honestly. If a roofer or pool company worked on the home in recent months, tell the title company early. Then it can get a release before closing.

FIRPTA certification and tax reporting

Every seller signs something about FIRPTA. A U.S. seller signs a certification of non-foreign status. According to the IRS, that certification includes your name, taxpayer ID and address, and it lets the buyer skip withholding.

A foreign seller is in a different spot. The IRS FIRPTA page sets the general withholding rate at 15% of the amount realized. There is no withholding if the price is $300,000 or less and the buyer will use the home as a residence. Foreign sellers can also apply for a lower amount on Form 8288-B, so start early.

The closing agent also collects your taxpayer ID to report the sale to the IRS on Form 1099-S. Keep your copy with your tax records.

Other seller papers you may see

Depending on the deal, your packet can include a few more items. These often include a payoff authorization for your lender, an HOA or condo transfer form, a bill of sale for personal property, and wire instructions for your proceeds. Our seller closing checklist covers what to gather in the weeks before.

Florida closing documents the buyer signs

A cash buyer signs little more than the settlement statement and a few title forms. A buyer with a loan, by contrast, signs a much thicker stack, and most of it comes from the lender.

Closing Disclosure

The Closing Disclosure is a five-page form with the final loan terms, monthly payment and closing costs. Under federal rules, the lender must give it to the buyer at least three business days before closing, as the CFPB explains. Use those days to compare it with your Loan Estimate and ask about any change.

Promissory note and mortgage

The note is your promise to repay the loan. The mortgage is the paper that pledges the home as security, and it gets recorded with the county. Florida taxes both. Doc stamp tax on the note is 35 cents per $100 of the loan. Also, a one-time intangible tax of 2 mills applies to loans secured by Florida real estate under section 199.133. On a $400,000 loan, those two taxes come to $1,400 and $800.

Other buyer forms

Lenders also include an initial escrow statement for taxes and insurance, an occupancy statement, and several federal disclosures. In addition, a buyer in an HOA or condo may sign the association's approval or acknowledgment forms. The buyer also signs the same settlement statement as the seller.

Can Florida closing documents be signed early or remotely?

Yes, in many cases. Florida has allowed remote online notarization since 2020. Under section 117.265, a Florida online notary can notarize over live audio and video, even when the signer is in another state. The session is recorded, and the notary checks your ID.

Sellers often have the most room to sign ahead. A seller can usually sign the deed, affidavits and settlement statement a day or more before the buyer. Then the title company holds them until the buyer signs and the funds arrive. Many sellers who live out of state use a mail-away package with a local notary and two witnesses.

Buyers with a loan have less room. The lender sets when its documents are ready and may require an in-person or approved remote signing. Still, ask early. Some lenders allow remote closings and some do not.

Tips for a smooth signing day

1. Bring a current government photo ID for every person signing.
2. Ask for the draft settlement statement at least a day ahead.
3. Confirm wire instructions by phone, using a number you already trust.
4. Make sure every owner on the deed is available, or set up a power of attorney the title company approves.
5. Bring keys, garage openers and gate codes if you are the seller.

How Florida closing documents get recorded and funded

Once everyone signs and the money arrives, the closing agent sends the deed and any mortgage to the county clerk for recording. In Palm Beach County, that is the Clerk of the Circuit Court and Comptroller. Recording puts the world on notice that the buyer now owns the home.

Afterward, the agent pays off the seller's loan, pays the commissions and other charges, and wires or mails the seller's proceeds. For timing, see our guide on when the seller gets money after closing.

Finally, the buyer receives the owner's title policy some weeks later. Keep it with your deed and closing statement. You will want all three when you sell or refinance.

Frequently asked questions

What Florida closing documents does a seller sign?

Usually the deed, the settlement statement, one or more title affidavits, a FIRPTA certification and a tax reporting form. Some sales add a bill of sale, payoff papers or HOA transfer forms.

How many witnesses does a Florida deed need?

Two. Section 689.01 requires two subscribing witnesses, and the deed is usually notarized so the county will record it.

Can I sign closing papers before the buyer?

Often, yes. Many title companies let sellers sign a day or more early, in person, by mail or through remote online notarization. Your signed papers are held until the deal funds.

What is the difference between the Closing Disclosure and the settlement statement?

The Closing Disclosure is the lender's federal form for the buyer's loan. The settlement statement is the closing agent's full list of charges and credits for both sides.

Do I get copies of my Florida closing documents?

Yes. Ask the closing agent for a full signed set. The recorded deed and mortgage are also public records you can look up with the county clerk.

Sources

• Florida Statutes, s. 689.01 (how real estate is conveyed)
• Florida Statutes, s. 117.265 (online notarization)
• Florida Statutes, s. 199.133 (nonrecurring intangible tax)
• Florida Department of Revenue, documentary stamp tax
• IRS, FIRPTA withholding
• Exceptions from FIRPTA withholding (IRS)
• IRS, about Form 1099-S
• CFPB, what is a Closing Disclosure

Want to know what you will walk away with? Ask Pure Equity for a personalized seller net-proceeds sheet that shows your payoff, doc stamps and closing costs before you list. Buying instead? Our agents can walk you through the lender's papers too. Contact our team.