The Importance of Surveys in Florida Real Estate Closings

Surveys play a pivotal role in real estate transactions, particularly in Florida. Whether you’re a buyer using traditional financing or a cash buyer, understanding the significance of obtaining a survey can save you from potential legal headaches down the road.

Why a Survey is Essential for Real Estate Transactions

When purchasing a property in Florida:

• Required for Financing: Buyers utilizing traditional financing must obtain a survey if their lender requires a Florida Form 9 Endorsement.
• Cash Purchases: While cash transactions typically do not mandate a survey, it’s wise for buyers to consider the risks involved. After all, if lenders demand surveys for larger loans, cash buyers should equally protect their substantial investments.

What Does a Survey Reveal?

A real estate survey provides crucial insights about the property, including:

• Boundary Lines: It shows where the property boundaries lie, helping to avoid disputes with neighbors.
• Setback Violations: It ensures that the structure complies with local zoning laws regarding how close a building can be to property lines.
• Access Rights: A survey clarifies legal right-of-way access, which is essential for properties adjacent to roads or waterways.
• Encroachments: It checks for any structures that may infringe on your property, affecting its marketability.

Uncovering Legal Issues with Surveys

Surveys are vital for identifying serious legal matters that might not be apparent at first glance. For example, a buyer may assume a property has water access simply because it’s near a body of water. A survey can confirm whether there are gaps in access rights that need addressing.

Common Survey Defects in Florida

Here are some typical issues often uncovered through surveys:

• Building Setback Line Violations: Homeowners sometimes construct pools or additions too close to property boundaries, violating local Homeowner Association Building Setback Lines (BSL). Unfortunately, contractors may not always check these regulations during the permit process.

Resolution Strategies for Defects

At Berlin Patten Ebling, our legal team specializes in resolving these survey defects. A common remedy for BSL violations is to obtain a Variance. This document, once signed by an Association’s president or authorized representative, allows the structure to remain compliant with local laws and ensures the variance is recorded in public records.

Risks of Skipping the Survey

Choosing to skip a survey can lead to significant complications:

• Future Liability: A cash buyer who forgoes a survey might discover defects later, perhaps when a subsequent buyer conducts a survey. At that point, the original buyer could be held responsible for addressing the discovered issues, potentially incurring hefty costs.

Consult a Real Estate Attorney Before Closing

Given the complexity of survey defects and their implications, getting a survey before closing is paramount. A knowledgeable real estate attorney can guide you through:

• The importance of securing a survey
• The types of survey defects you may encounter
• Possible remedies for any defects identified

For more information on ensuring a successful real estate transaction, consider consulting a qualified real estate attorney.

By understanding the critical role of surveys in Florida real estate closings, you can protect your investment and navigate the purchasing process with confidence.