Commercial Real Estate Closings in Florida: Process, Title Work and Timeline


Roger Verghese
CEO & Founder, Warehouse Company Holdings
Roger is CEO, Founder & Licensed Title Agent of Title Warehouses of America Inc (est. 2006). With 50+ years of combined experience in Title Services, Real Estate, Lending, and Insurance, he understands every aspect of the home closing process from contract to keys. A 30+ year Central Florida resident, Roger helps Orlando families navigate title insurance and closing services with expertise and transparency.
Commercial closings follow the same basic path as a home sale, but with more documents, more parties and more room for surprises. Starting the title work early, and understanding what the title company needs, keeps the deal on schedule.
The Commercial Closing Process
- Contract signed. The contract sets the due diligence period, financing deadlines and closing date. Send it to the title company the same day.
- Title search and commitment. The title company searches the public records and issues a title commitment listing requirements and exceptions.
- Survey. The buyer usually orders a survey, often to ALTA/NSPS standards for commercial property. The title company reviews it against the commitment for encroachments, easements and access.
- Due diligence. Environmental reports, zoning, leases, estoppels from tenants and service contracts are reviewed during the due diligence period.
- Entity and authority documents. The title company confirms who can sign for each entity and collects the documents it needs.
- Clearing requirements. Payoffs, lien releases, corrective documents and municipal lien search issues are resolved.
- Closing and recording. Funds are wired, documents signed, the deed and mortgage recorded, and the title policy issued.
Title Work That Matters Most
- Schedule B exceptions. Read every recorded exception. An easement in the wrong place can block a planned expansion or parking.
- Survey review. The survey shows whether improvements encroach or whether there is legal access, and it supports removing the standard survey exception.
- Endorsements. Lenders and buyers often request endorsements on commercial policies, for example for access, zoning or contiguity. Discuss them early so they can be priced and underwritten.
- Municipal liens. Open permits and code cases can delay a sale or a planned renovation.
Entity Documents
Most commercial property is held by an entity. Expect the title company to ask for:
- Articles of organization or incorporation
- The operating agreement, bylaws or a resolution authorizing the transaction and naming who may sign
- A current certificate of status from the Florida Division of Corporations
- Trust documents or a trustee certification, if a trust is involved
Gathering these during due diligence avoids last-minute delays.
Florida's New Protected Series LLCs
Starting July 1, 2026, Florida allows protected series LLCs. An LLC can create one or more series by filing a protected series designation with the Department of State. A protected series is not a separate legal entity, but it is treated as if it were a separate LLC, with its own members, assets and liabilities, and liability shields between series.
The shields depend on careful records. Each series must keep records that identify its own assets specifically, including when and from whom it acquired them.
For real estate, that means more questions at closing:
- Is the series properly designated with the state?
- Does the deed name the correct series, and do the records show the property as that series' asset?
- Who has authority to sign for the series under the operating agreement?
Because the law is new, title insurers and lenders are still settling their requirements. If you plan to buy or sell through a protected series, tell the title company when the contract is signed so the requirements are clear before closing. Talk to your attorney about whether a series structure fits your goals.
Foreign Sellers and Reporting Rules
If a seller is a foreign person or company, the buyer must generally withhold part of the price under FIRPTA. See our FIRPTA guide. Residential property bought for cash by entities and trusts can also trigger federal reporting under the FinCEN real estate rule.
Signing From Anywhere
Owners and members who live outside Florida can sign by remote online notarization or mail-away closing, as long as the lender, if any, accepts it.
Commercial Closings With Title Warehouses of America
We handle commercial title and closings across Florida from our Orlando office, underwritten by Stewart Title. See our commercial services or call (888) 354-8005 to discuss your transaction.
