Closing Costs…Who Pays What?


The typical seller believes that once they pay off their loan and pay their Orlando Realtor whatever commission was agreed upon then they get the rest of what’s leftover. Very few homeowners give much thought to closing costs. When we say closing costs, we are referring to all the taxes, fees, and costs that are necessary to close a real estate transaction.

In the state of Florida, closing costs are usually split 50/50 between buyer and seller. However, like my 1st real estate teacher told me “everything in real estate is negotiable”, so nothing is set in stone when it comes to a real estate transaction. Hopefully, you’ve hired an experienced Orlando Realtor who is also a tough negotiator.

Your agent should be able to tell in advance what you should expect to pay on the day of the closing. Once you have all the pertinent information, you will easily be able to calculate what your net proceeds will be.

Like I said before, it’s typical in the state of Florida for both buyer and seller to pay equal shares of the closing costs. Sometimes the market can dictate who pays for what depending on if it’s a buyers or seller’s market. For example… If it’s a seller’s market, the seller may require the buyer to pay a larger portion than usual.  By the same token, if it’s a buyer’s market, the buyer may require the seller to pay the lion’s share of the closing costs… or even all the closing costs.

From our experience as realtors in Orlando, it’s very common for buyers to include all of their closing costs in their offer so that they don’t have to come out of pocket at the closing.

These are some typical closing costs on an FL real estate transaction:

  • Escrow Fees: In Florida, it’s not required for a lawyer to handle the closing of a RE transaction. Title companies [sometimes owned by attorneys] are usually the ones who handle closings as well as any escrows. These fees are typically shared equally by both parties.
  • Title Insurance: There are 2 types of title insurance that must be purchased, the owners’ policy and the lenders’ policy. The seller is typically responsible to pay the owners’ policy and the buyer is responsible for the lenders’ policy. Both these policies are in place to protect the lender as well the lender as well as the new owner by making sure there are no liens or other encumbrances attached to the property aka “clearing title”.
  • Transfer Taxes & Documentary Stamps: These are fees that are paid to the city, state and county in which the property is located in. This is where Uncle Sam gets his cut of the deal and is also referred to as a reconveyance tax.
  • Recording Fees: This is a fee paid to the county for recording the deed to the property making it official.
  • Mortgage Tax: This is a tax collected by the state of Florida.
  • Settlement Fees: Also usually shared by buyer and seller. This is the cost that the title company charges to handle any of the financial transfers which occur during the transaction.
  • Brokers Commission: This is the fee that the seller agreed to pay his Orlando listing agent for selling the home.
  • Pest Inspections: Lenders usually require for a pest inspection to be performed on the property to make sure that it’s in good condition and hasn’t been damaged by any living organisms. If the report reveals that there is evidence of termites, carpenter ants, fungus or dry rot, the seller will usually have to correct the problem before closing the transaction. The seller will usually pay for this directly to the company making the repairs which means it won’t appear on the settlement statement.

Buyers will typically be responsible for additional fees which are mostly tied to their mortgage loan. Sellers are also responsible for some additional costs like the mortgage interest on their loan, unpaid property taxes, unpaid association dues, hazard insurance, etc.  The seller is responsible to pay these fees up until the closing of the transaction… and the buyer from then on. If the seller has already paid for some of these items past the closing date, they will be reimbursed at the closing. Other miscellaneous items like home warranties that the seller may have agreed to pay for will also be deducted from the seller’s proceeds.

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What To Expect When You’re Expecting… Your Home Inspector

By hiring a reputable home inspector, you’re protecting your investment. Most potential home buyers have their homes inspected before buying. The question is… who is the person doing the inspecting? We’ve all heard of those shady, so-called “home inspectors” that try to tell you about problems that aren’t really there just so they can offer to do the repairs for you. Or what about the ones that just don’t care and end up missing major issues with the house because they were in a rush to get out of there.

Orlando Realtors claim that the problem with the home inspection industry is that it’s not closely regulated and it’s seriously lacking in the quality control department. It’s important to ensure that the inspector you choose is licensed, insured, and experienced. Remember… this is someone you hired to help you decide if you’re going to commit to buying this home or not… which is one of the biggest financial commitments you’ll make in your lifetime.

To make sure you hired a true professional these are some tips on what to expect when you’re inspecting your inspector.

  1. Certification- Make sure that your home inspector went to a reputable school that requires annual re testing for all active licensees.
  2. Insurance- Your home inspector should be fully insured including liability, workers comp and E& O [errors and omissions] Insurance. If your inspector can’t provide you with proper proof of insurance, then it’s time to keep looking.
  3. Guarantee- A good home inspector will have no problem backing up his findings with a written guarantee.
  4. Conflict of Interest- It’s never a good idea to hire a home inspector that’s also a contractor. He could end up trying to make a career out of your house. First he’ll charge you to do the inspection, then he’ll want you to hire him to fix everything. Be sure to hire a home inspector that works as a home inspector full-time.

When you’re ready to hire a home inspector, ask your Orlando Realtor for a recommendation. Your agent should be able to provide you with at least 2 or 3 good ones.

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Buying A Home With Others

Don’t do it!!!!  Would be my first words of advice for anyone who asked me whether it’s a good idea or not to buy a home jointly with someone other than your spouse. However, for some people, it’s the only way they can afford to buy a home. If you share the costs with friends or relatives owning a home becomes more affordable and less stressful.

Top Orlando Realtors report that the problem in today’s real estate market home prices are just out of reach for many people so they pool their resources with friends and relatives in order to make it happen. This allows the homeowner to afford a home that they otherwise wouldn’t be able to afford on their own.

“Neither I nor my brother had enough money for a down payment in a decent Orlando neighborhood,” said one of our buyer clients…” By both of us splitting the costs we were able to buy an Orlando home large enough for both our families”.

Whenever you come to any kind of financial arrangement with friends or family, you should plan carefully to try and avoid any pitfalls that may arise from your agreement. The last thing you want is to damage a personal relationship because of a business arrangement.

Decide How Title Will be Held

How a title to a property is held dictates who is qualified to sign documents as well as what happens when one of the owners passes away. Co-owners that aren’t married can share title to the home as “tenants in common” or “joint tenants with the right of survivorship”. Married couples that are also co-owners via “community property” or “tenancy by the entirety”

If each owner possesses an equal percentage in a property, joint tenants with the right of survivorship apply, with only one title held by all the owners. When one of the owners passes away, his or her percentage gets divided equally between the remaining owners. This goes on and on until ultimately the last surviving owner will own 100% of the property.

The percentages of “tenants in common” may or may not be equal because each of the owners will have a separate title. In this arrangement, there’s no right of survivorship so the property does not transfer to the last remaining survivor. All the co-owners can either pass on their percentage of ownership via will when they die or they can even sell their share of the property at any time. The downside to this way of taking ownership is that the remaining owners may end up being a co-owner with someone they don’t even know…

Similarities between “Tenants in Common” and “Joint Tenants with the Right of Survivorship”

In both of these ways of holding title, co-owners possess equal rights of possession. This means that each person can occupy and use the property. If the property is rented out or leased then each owner receives a portion of the rent in proportion to the percentage they own.

Establish Some Ground Rules

By writing up a co-ownership agreement you can avoid some of the pitfalls that can typically arise from a co-ownership situation. It’s extremely important to determine what the ground rules will be before making any commitments. A co-ownership agreement is basically the pre-nuptial agreement of homeownership. It addresses relevant concerns of all parties involved and specifically lays out what will happen if and when any of these concerns become an issue.

You might think that the friend or relative you’re doing this with will never become a headache or even worse… a nightmare. That’s why it’s so important to have everything spelled out in black and white. These documents are the only way to resolve ownership issues except taking them to court.

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Orlando Real Estate, Buying And Selling At The Same Time

Many times the conversation of the right of first refusal and property sale contingencies appear when homeowners are selling and buying at the same time.

Most of the time it’s because buying a second home is impossible without first selling the house they live in.

This is where an experienced Orlando Realtor comes in and explains to people how it all works…

Here’s an example… In our area of Central Florida, it’s pretty unusual for a homeowner selling his home to even consider accepting a home sale contingency because right now it’s a seller’s market.

It’s important for buyers to be aware of the local real estate market so they don’t waste a lot of time looking at homes before selling their current homes.

A seasoned Orlando realtor will let potential buyers know in the first conversation that it’s close to impossible to buy a home with a home sale clause. This will save a lot of time and headaches for both the buyer and the agent.

Be Realistic

If you’re not in a position to buy and sell at the same time, then don’t even try! Your primary focus should be to sell your current home first. Some people get so caught up in worrying about becoming homeless, that they will try anything to avoid it… even cheating the system!

From a seller’s standpoint, it’s even worse. Some sellers will actually make selling their current home subject to finding another home. Big mistake!… If you were a buyer, would you put a contract on a home that is subject to the seller finding another home first??… I didn’t think so.

Work With A Top Rated Orlando Realtor

If you’re the type of person that worries about having a hard time selling your current home and you’d like to explore the possibilities of including a contingency sale on the contract, it’s highly advisable for you to hire an experienced real estate agent to make sure that you’re protected.  A good real estate agent will help you to understand what options are available to you and help you come up with a plan of action to meet your specific needs.

Your agent might tell you that a right of 1st refusal is exactly what you need or to avoid it until the right buyer comes along. Keep in mind that ALL real estate is local and the market in your area will dictate what you can and can’t do. A skilled real estate agent will guide you through the process as well as make sure that what you sign is in your best interest.

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When To Fire Your Realtor….. “It’s Not Me It’s YOU!”

Deciding to sell a home is a big deal! It may even be one of the most important decisions of your lifetime.

Choosing the best Orlando Realtor for the job is equally important. You’re looking for someone you can depend on, get along with, and most important…. Someone that will help you achieve your goal of selling your house for the highest price and in the least amount of time.

The problem is… even when you try your hardest to find a good Realtor, you could still end up with someone you’re not happy with. Whatever your reasons may be, you may want to fire your agent.

So…how do you go about it?

Unfortunately, we’ve had dozens of people ask us how to break up with their realtor because they’re not happy with them.

Perhaps you made the mistake of hiring your nephew who just passed his real estate exam last week? Or maybe you hired your friend from the gym who does real estate part-time when he’s not selling memberships?

Whatever the case may be, it’s now become crystal clear to you that you need to end your relationship with your agent…

You should be aware that firing your agent isn’t always easy, especially if you’ve already signed a listing agreement with them. Most listing contracts are legally binding which means that the realtor will have to agree to release you from the contract.

Firing your Realtor isn’t like firing your hairdresser because they took too much off the top. When you hired your Realtor, you signed a contract that legally binds you to that Realtor. You and this licensed real estate professional agreed to certain terms which guarantee that you will use this agent exclusively to sell your home.

Hopefully, you signed an “Easy Exit Listing Agreement” which allows you to end the relationship if you’re not happy like the one we use here at Orlando Realty Consultants. However, most contracts don’t work this way and your agent has to agree to release you from the contract.

Most homeowners fail to realize is that not all agents were created equally. For example, you don’t want to list your home with an agent that specializes in working with buyers. By the same token, you never want to hire a listing agent to find the house of your dreams either. Most people just assume that an agent… is an agent… is an agent….BIG MISTAKE!

Top Reasons To Fire Your Realtor

part time realtor

There are fantastic realtors, horrible realtors, and a whole bunch of average realtors in between. Anytime you take a chance on hiring somebody new in any profession, there is a much greater chance that something will go wrong….or nothing will happen at all.

Some real estate agents will only do the bare minimum to get your home sold. They’ll plop a sign in the yard, list it on the MLS and then cross their fingers and pray for a contract.

These are some of the most common reasons people want to fire their agent:

Communication Breakdown

I know It’s crazy!… but this is by far the most popular reason why people are unsatisfied with their agents. For a homeowner, selling a home will be one of the most important decisions they’ll ever make. That’s why homeowners should be kept in the loop about everything that happens during the process. Like feedback about showings… Did they like it? Did they hate it? Did they think it was too much money?

An experienced listing agent will request the buyer’s agent’s feedback from every showing and pass it on to their clients, good or bad.

Sadly, for some Realtors, selling your home may not be a top priority for them for whatever reason. Maybe they have other, more expensive homes they’re focusing on first to get a bigger payday. Some people are just bad communicators and chose to be in the wrong profession. Whatever the reason may be, they just don’t communicate…

Lack of Skills

It won’t take you long to discover if your Realtor is incompetent or not. Chances are they might not know how to price a home accurately, market a home correctly and be bad negotiators. You may also realize that your agent priced your home too high just to get the listing from you!… This is a tactic used by shady agents who will let your home sit on the market until you agree to a price reduction. This was their strategy from the beginning…

Poor Marketing Plan

The 1st time you met with your listing agent, you probably just assumed that the agent would do a good job marketing your home. Now, several months have passed and still no offers….so now you start to get curious and do some research. You check out your listing on the MLS only to find that the few pics of your home are not good… Besides that, you find out that…

  • The agent never bothered to make brochures
  • The agent never made a video of your home
  • The agent never promoted your home on social media sites
  • The agent doesn’t even have a decent website?!!

A good listing agent will know how to promote your home aggressively using multiple platforms until it gets sold.

Other Reasons To Fire Your Realtor

  • Unprofessional behavior
  • Avoiding agent duties
  • Overpricing on purpose
  • Liar liar, pants on fire
  • Breaking the law

Every situation is different and should be treated as such. However, none of the things mentioned above should be tolerated by a true real estate professional.

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