By the time a residential transaction reaches closing, many of the major decisions have already been made—but important legal and financial issues can still remain.
The purchase contract, amendments, inspection agreements, financing terms, association requirements, title matters, credits, prorations, and closing documents all come together before ownership changes hands. A discrepancy or unresolved obligation at this stage may require more than administrative coordination; it may require legal advice about what the contract requires and how the client should proceed.
Law Offices of Fishman-Sitbon, P.A. represents buyers and sellers in connection with residential real estate closings in Aventura, Miami, and throughout South Florida. We review the transaction from our client's perspective, address legal issues that remain before closing, review documents and final terms, and advise the client when a question arises that affects the purchase or sale.
Our role is straightforward: we represent the client in the transaction.
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Legal Representation for Buyers and Sellers Through Closing
Before the Closing
A closing should reflect the deal the buyer and seller actually made.
Before documents are signed and funds are transferred, we review the transaction for matters that may still require attention. That review is based on the purchase agreement together with amendments and other documents that changed or supplemented the original terms.
Depending on the transaction, we may review:
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the purchase and sale agreement and applicable addenda;
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amendments or extensions signed during the transaction;
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agreed seller credits or concessions;
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repair agreements and other negotiated obligations;
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financing provisions that remain relevant to closing;
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possession arrangements;
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condominium or homeowners' association matters affecting the transaction;
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documents the client will be asked to sign; and
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unresolved issues between the parties.
This is also the time to determine whether something appearing in the final closing documents is inconsistent with what was previously agreed.
The purpose of our review is not simply to confirm that paperwork exists. It is to understand whether the transaction being presented for closing reflects our client's contractual rights and obligations.
Reviewing the Final Closing Figures
The purchase price is only one part of the financial side of a residential closing.
Deposits, credits, prorations, association amounts, mortgage payoffs, lender charges, recording expenses and other items may affect the amount a buyer must provide or the proceeds a seller expects to receive.
Before closing, we can review the final figures against the purchase agreement and subsequent written changes to the transaction.
For example, if the seller agreed to provide a credit, the closing figures should reflect it. If the parties agreed to a particular adjustment or allocation of an expense, that agreement should be accounted for in the final transaction documents.
Our review may include questions concerning:
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deposits already paid;
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buyer or seller credits;
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real estate tax prorations;
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condominium or HOA-related amounts;
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agreed repair credits;
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mortgage payoff amounts affecting a seller;
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lender-related charges in a financed purchase;
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amounts required from the buyer; and
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anticipated seller proceeds.
The firm also maintains separate services for detailed Closing Disclosure Review and ALTA Settlement Statement Review. Those services are part of our Title Insurance & Closing Services practice and are not duplicated on this page.
When Something Changes Before Closing
When Something Changes Before Closing
Not every transaction reaches the scheduled closing date exactly as expected.
A lender may not be ready to fund. A repair may remain incomplete. A promised credit may be missing. An association issue may surface. The parties may disagree over possession. A title matter may remain unresolved. One party may ask for an extension or another amendment shortly before closing.
When that happens, the question is not simply whether the parties can move the closing date or change the paperwork.
The existing contract must be considered.
We review the issue in the context of the client's agreement and advise on the legal effect of a proposed change. When appropriate, we can prepare or review an amendment, extension, or other written agreement needed to document the parties' resolution.
A last-minute request should not be treated as routine simply because the closing date is approaching.
Closing Documents and Signing
The documents signed at closing complete the legal and financial arrangements developed during the transaction.
A buyer and seller do not sign the same documents, and a financed purchase generally involves documents that are not part of a cash transaction.
For a buyer, questions may involve the documents through which ownership is acquired, financing documents where applicable, closing affidavits, settlement documents, or the manner in which title will be held.
For a seller, the closing package may include the deed, affidavits, payoff-related documents, association-related documents, and other instruments necessary to complete the sale.
Our representation includes reviewing documents relevant to our client's legal interests and answering questions before execution when possible.
Where documents affecting Florida real property are to be recorded, Florida law establishes requirements for recordable instruments.
The Attorney's Role at a Residential Closing
There is an important difference between handling a closing and representing a client at a closing.
A closing agent performs the functions necessary to complete the settlement. Those functions can include receiving documents and funds, preparing settlement information, coordinating execution, disbursing funds when authorized, and submitting appropriate documents for recording.
Legal representation serves a different purpose.
As attorneys for a buyer or seller, we can interpret the purchase agreement, advise the client about legal rights and obligations, review proposed changes, address disagreements between the parties, explain the legal significance of documents, and advise the client when an issue requires a decision.
The Florida Bar similarly cautions consumers that a closing agent—even one who is a lawyer—may not necessarily represent their personal interests.
This distinction is central to the service Law Offices of Fishman-Sitbon, P.A. provides on this page: the client has an attorney looking at the closing as the client's legal representative, not merely as the person processing the transaction.
When Our Firm Also Handles the Title and Closing
Law Offices of Fishman-Sitbon, P.A. also provides title insurance and closing services in Florida.
When our firm is engaged to provide those services, the transaction may involve title examination, title commitment requirements, escrow and settlement functions, title insurance, disbursement, and recording.
Those services have their own legal and operational requirements and are covered separately in our Title Insurance & Closing Services section.
We intentionally keep the two subjects distinct.
This page concerns legal representation in connection with a residential closing. Our Title Insurance & Closing Services pages explain the firm's title, settlement, escrow, and title insurance services in greater detail.
Where both services are involved in the same transaction, we address the responsibilities applicable to the particular engagement.
After the Documents Are Signed
Certain aspects of the transaction continue after signing.
Funds must be handled in accordance with the closing requirements, and documents affecting ownership or other interests in the property may need to be recorded in the public records.
Florida's recording laws address the legal significance of recording conveyances, transfers, and mortgages and establish requirements for instruments presented for recording.
If a post-closing issue arises concerning the transaction or documentation, we can evaluate the matter and determine what additional action may be appropriate.
For matters involving a separate transfer of ownership, corrective deed, family transfer, trust-related transfer, or other deed work outside the ordinary purchase or sale closing, see our Deed Transfers & Ownership Changes service.
Residential Closing Representation in Aventura and South Florida
Law Offices of Fishman-Sitbon, P.A. represents buyers and sellers in residential transactions involving single-family homes, condominiums, townhomes, and other residential property.
Our office is located in Aventura, and we regularly assist clients with residential real estate matters in Miami, Miami-Dade County, Broward County, and surrounding South Florida communities.
Clients may contact us before the closing date is set, while closing documents are being prepared, or when an issue develops that requires legal attention before the transaction can be completed.
Speak With a Residential Real Estate Attorney Before Closing
If you are approaching a residential closing and want legal representation for the transaction, contact Law Offices of Fishman-Sitbon, P.A. to discuss the property, contract, closing status, and any issues requiring attention.
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FAQ: Residential Real Estate Closings
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Residential Real Estate Law & Attorney Services in Aventura
Residential Real Estate Legal Services
Home Purchase Legal Representation
Link naturally when discussing representation of buyers approaching closing.
Home Sale Legal Representation
Link when discussing representation of sellers.
Residential Contract Review & Negotiation
Link where the page discusses amendments, extensions, and contractual changes.
Deed Transfers & Ownership Changes
Link only from the post-closing/deed discussion.
Title Insurance & Closing Services
Link from the section explaining when the firm also handles title and settlement services.
Closing Disclosure Review
Link from the final-closing-figures section.
ALTA Settlement Statement Review
Link from the same section where appropriate.
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