The Short Answer

In Florida, an attorney’s role in a real estate closing typically centers on protecting your legal interests: reviewing title-related issues, identifying and addressing risk in the contract and closing documents, and helping ensure funds and documents are handled appropriately. Coordination with the real estate agent and the title/closing company is common, but your attorney’s job is to represent you—not to “push the deal through.”

What Florida Law Says

Florida law distinguishes between “primary title services” (work tied to determining insurability and issuing a title commitment/policy) and “closing services” (preparing closing documents, conducting the closing, and disbursing funds). Depending on the transaction, these services may be performed by a licensed title insurer, a licensed title insurance agent/agency, or an attorney acting in that capacity. Separately, Florida law also recognizes that attorneys admitted in Florida and in good standing are exempt from certain title insurance agent licensing requirements—one reason attorneys are often involved when there are legal or risk issues to resolve.

The Statute

The primary law governing these roles is Fla. Stat. § 627.7711.

This statute defines “closing services” (including preparing necessary documents, conducting the closing, and handling/disbursing closing funds) and “primary title services” (including evaluating a reasonable title search, clearing underwriting requirements, and issuing the title commitment/policy).

In addition, Fla. Stat. § 626.8417 addresses title insurance agent licensure and states that Florida-licensed attorneys in good standing are exempt from the chapter’s title insurance licensing and appointment requirements.

Why You Should Speak with an Attorney

While the statutes define who can perform title and closing functions, applying them to your deal (and protecting you if something goes wrong) is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Closing timelines, lender conditions, and contract-driven notice periods can create fast-moving legal risk if title issues or document problems surface late.
• Burden of Proof: If a title defect, payoff error, undisclosed lien, or boundary/ownership issue arises, the paper trail (commitment requirements, exceptions, affidavits, surveys, payoffs, and communications) often determines who bears the loss.
• Exceptions: Not every “title issue” is covered by title insurance, and not every closing problem is a simple clerical fix—some require legal analysis of the contract, underwriting requirements, and recorded documents under Florida law.

Trying to handle this alone can lead to preventable disputes, delayed closings, or signing documents that don’t match your deal terms. An attorney can also coordinate efficiently with the agent and closing company while keeping the focus on your legal protection.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.