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Legal FAQ's
Contracts

Q:Does Florida law mandate that the real estate closing take place in the county where the real property is located?


Related Member Benefits

FAR Legal Hotline
At no charge, FAR members may speak with an attorney on a range of topics including licensing, contracts and landlord/tenant matters. Call  407.438.1409.

FAR's Legal Action Fund
The Legal Action Fund of the Florida Association of Realtors® is available to support members, local Realtor Boards/Associations or those persons involved in litigation that has significance to Realtors and Realtor-Associates® as a class, private property rights, or the real estate industry as a whole. Cases shall be limited to those based on points of law and not on factual issues. The Legal Action Fund is administered by the Legal Action Fund Committee within approved guidelines and procedures.


Coming to Terms
How does HUD define “settlement service”?
“Settlement service” means any service provided in connection with a prospective or actual settlement including, but not limited to, the following:

A. Origination, processing and funding of a federally related mortgage loan;

B. Rendering mortgage brokerage services, including counseling, taking mortgage applications; obtaining verifications and appraisals, other loan processing and origination services and communicating with the borrower and lender;

C. Providing title services, including title searches, title examinations, abstract preparation, insurability determinations, and issuance of title commitments and title insurance policies;

D. Services rendered by an attorney;

E. Preparing documents, including notarization, delivery and recordation;

F. Rendering credit reports and appraisals;

G. Rendering inspections, including those required by applicable law or any inspections required in the sales contract or mortgage
documents prior to transfer of title;

H. Conducting of settlement by a settlement agent and any related services;

I. Providing services involving mortgage insurance;

J. Providing services involving hazard, flood or other casualty or homeowner's warranties;

K. Providing services involving mortgage life, disability or similar insurance designed to pay a mortgage loan upon disability or death of a borrower, if required by the lender as a condition of the loan;

L. Providing services involving real property taxes or any other assessments or charges on the real property;

M. Rendering services by a real estate agent or broker; and

N. Providing any other services for which a settlement service provider requires a borrower or seller to pay, for example, surveys.