Real Estate Law Palm Beach County, FL
Quick Answers on Palm Beach County Real Estate Law
- Florida is a "title state" for real estate closings, meaning a real estate attorney (rather than a settlement agent) typically prepares and reviews closing documents.
- Palm Beach County is Florida's 15th Judicial Circuit, covering Boca Raton, Delray Beach, Boynton Beach, West Palm Beach, Palm Beach, Jupiter, Palm Beach Gardens, Wellington, and surrounding communities.
- Florida documentary stamp tax on the deed is $0.70 per $100 of sale price, customarily paid by the seller in Palm Beach County. Buyers pay $0.35 per $100 on mortgage notes plus a $0.002 per dollar intangible tax on the mortgage.
- Title insurance is customary in Palm Beach County with the seller typically paying for the owner's policy and the buyer paying for the lender's policy when financing.
- FIRPTA withholding applies when a foreign seller transfers US real estate, with 15% of the sale price typically withheld at closing for transmission to the IRS.
- Condo milestone inspection status is a critical due diligence item for buildings 30+ years old (25+ within 3 miles of coast), particularly for coastal condos throughout the county.
- Kelley, Grant & Tanis is locally headquartered with offices in Boca Raton and West Palm Beach, handling transactions countywide.
Get Help with Your Palm Beach County Real Estate Transaction
Free initial consultation. We represent buyers, sellers, lenders, and investors in residential and commercial transactions throughout Palm Beach County, including Boca Raton, Delray Beach, Boynton Beach, West Palm Beach, Palm Beach, Jupiter, Palm Beach Gardens, and Wellington.
Florida real estate transactions explained
Florida is one of the states where a real estate attorney typically prepares and reviews closing documents rather than a settlement agent. The attorney handles title examination, contract review, document preparation, coordination with lenders and title insurers, and the actual closing itself. For Palm Beach County transactions, the buyer and seller each often retain their own counsel, particularly for higher-value properties, complex transactions, foreign buyers or sellers, and unfamiliar parties.
Key elements of a typical Palm Beach County real estate transaction:
Contract review. The standard FR/Bar contract sets the framework, but addenda, financing contingencies, inspection periods, seller disclosures, and special provisions vary by transaction. Counsel reviews these for the represented party and identifies issues before they become disputes.
Title examination and insurance. A title search identifies prior ownership, liens, encumbrances, and other matters affecting clear title. Title insurance protects against defects in title that weren't identified or couldn't have been identified. In Palm Beach County, the seller customarily pays for the buyer's owner's policy; the buyer pays for the lender's policy when financing.
Due diligence. Inspection periods, condo and HOA document review, estoppel letter procurement, lien search, property tax verification, and (for commercial property) environmental assessment, lease review, and operating statement verification.
Closing. Document preparation, coordination with the lender, settlement statement (closing disclosure) reconciliation, recording of the deed and mortgage with the Palm Beach County Clerk, and disbursement of funds.
Our piece on West Palm Beach real estate closing costs covers the buyer and seller cost breakdown in detail.
Real estate transactions by Palm Beach County sub-market
Palm Beach County is one of Florida's largest counties by population and geography, with substantial market variation by sub-region.
Boca Raton, Delray Beach, and South County. Active resale market in established country club communities (Boca West, Broken Sound, St. Andrews, Mizner Country Club, Polo Club), beachfront and Intracoastal condos along A1A and Federal Highway, and downtown Atlantic Avenue commercial property in Delray Beach. Substantial Northeast snowbird buyer flow. City-specific page available for Delray Beach.
Boynton Beach and Central County. Mixed inventory of established residential neighborhoods, 55+ communities, newer development west of I-95, and growing commercial property. Strong middle-market transaction volume.
West Palm Beach and the urban core. Downtown condo and mixed-use development, established residential neighborhoods (El Cid, Flamingo Park, SoSo), and commercial property along Clematis, Olive, and the Convention Center district. The county's largest concentration of legal, financial, and professional services.
Palm Beach Island. Among the highest-value residential markets in the United States, with substantial international and ultra-high-net-worth ownership. Transactions often involve trust ownership, LLC structures, multi-jurisdictional coordination, and complex due diligence including historical landmark considerations.
Wellington and Western Communities. Equestrian properties, country club communities, and substantial seasonal-resident market during the Winter Equestrian Festival. Property transactions often involve specific equestrian-related considerations: barn structures, riding rings, paddock improvements, and equestrian community transfer rules.
Jupiter, Palm Beach Gardens, and North County. Active residential and commercial market with substantial corporate and golf community concentration (Mirasol, Ballenisles, Frenchman's Reserve, Old Marsh). Significant new construction and resale volume.
Florida-specific transaction considerations
| Issue | Typical Handling |
|---|---|
| Documentary Stamp Tax (Deed) | $0.70 per $100 of sale price; seller customarily pays in Palm Beach County |
| Documentary Stamp Tax (Mortgage) | $0.35 per $100 of mortgage amount; buyer pays |
| Intangible Tax (Mortgage) | $0.002 per dollar of mortgage; buyer pays at closing |
| Owner's Title Insurance | Promulgated state rates; seller customarily pays in Palm Beach County |
| Lender's Title Insurance | Buyer pays when financing; simultaneous issue with owner's policy is cheaper |
| HOA Estoppel Fee | Capped at approximately $299 standard or $499 expedited; seller pays |
| Property Tax Proration | Florida taxes paid in arrears; seller credits buyer for unpaid taxes through closing date |
| FIRPTA Withholding (Foreign Seller) | 15% of sale price withheld by buyer's closing agent for IRS, with limited exceptions |
| Condo Milestone Inspection | Required for buildings 30+ years old (25+ within 3 miles of coast); review status pre-closing |
Have a Palm Beach County transaction underway?
Free initial consultation. We can review your contract, identify issues, and coordinate with your agent, lender, and title insurer. Call (561) 672-1161 or submit through the contact form.
The biggest real estate transaction mistakes Palm Beach County buyers and sellers make
Skipping condo and HOA document review. Florida condo and HOA documents are dense, often hundreds of pages, and contain provisions that can substantially affect ownership: rental restrictions, age requirements, board approval for sales, transfer fees, assessment liability for prior periods, and special assessment voting rules. Buyers who don't read the documents (or have counsel review them) routinely discover restrictions post-closing that affect intended use.
Ignoring post-Surfside milestone inspection status. Florida law now requires milestone structural inspections for condo buildings 30+ years old (25+ within 3 miles of the coast). Coastal condos throughout Palm Beach County, from Boca Raton through Jupiter, have been working through these inspections with widely varying results. Buildings with deferred inspections, identified structural issues, or pending special assessments to fund repairs can substantially affect property value and financing availability.
Missing FIRPTA withholding on foreign seller transactions. When a foreign seller transfers US real estate, the buyer's closing agent is required to withhold 15% of the sale price for transmission to the IRS, subject to limited exceptions. Palm Beach County's substantial international ownership (Canadian, Brazilian, European, Latin American) means foreign seller transactions are common. Failure to withhold makes the buyer personally liable for the unpaid tax.
Not coordinating equity certificate or membership transfer in country club communities. Many Palm Beach County country club communities require board approval, transfer fees, equity certificate transfer or repurchase, and sometimes age verification before a sale can close. These need to be initiated during the contract period rather than discovered close to closing.
Overlooking pending special assessments. A buyer can be liable for pending or anticipated special assessments on condo or HOA property. Estoppel certificates show current assessments but may not capture future assessments that have been discussed but not formally adopted. Asking direct questions during due diligence prevents post-closing surprises.
Palm Beach County's substantial international ownership, particularly along the coast and in higher-value markets, makes FIRPTA compliance a routine concern rather than an exception, and buyer-side liability for missed withholding can be substantially more expensive than the cost of doing the analysis correctly.
FIRPTA (the Foreign Investment in Real Property Tax Act) requires the buyer of US real estate from a foreign seller to withhold 15% of the gross sale price for transmission to the IRS at closing, subject to limited exceptions: sales under $300,000 where the buyer will use the property as a residence (reduced or zero withholding), sales where the seller has obtained a withholding certificate reducing the rate, and sales where the seller provides a certification of non-foreign status. The buyer is personally liable to the IRS if withholding is required and missed; the IRS can pursue the buyer years after closing, and the underlying tax plus interest and penalties can substantially exceed what the withholding would have been. Palm Beach County has substantial foreign ownership, particularly from Canada, Brazil, Argentina, Colombia, Venezuela, Mexico, the UK, and various European countries. Identifying the seller's tax status during contract review is essential: a non-foreign affidavit from the seller can establish exemption, but the affidavit must be properly drafted and the buyer must have no reason to suspect it's incorrect. For foreign sellers, advance planning (withholding certificate application, structuring as 1031 exchange, or other planning) can reduce or eliminate withholding, but requires time to obtain. Best practice in Palm Beach County is to address FIRPTA as a standard contract review item rather than discovering at closing that the seller is foreign and the withholding obligation needs to be reconfigured under time pressure.
Why work with Kelley, Grant & Tanis, P.A.
Jerron Kelley leads the firm's real estate and title insurance practice, with substantial experience in residential and commercial closings, contract negotiation, condo and HOA transactions, and complex multi-party real estate matters throughout Palm Beach County. Full attorney bios on our attorneys page.
The firm is locally headquartered with offices in Palm Beach County:
- Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432
- West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401
Palm Beach County real estate transactions are handled either in person at our Boca Raton or West Palm Beach office, or remotely via remote online notarization (RON), powers of attorney, and remote document coordination. For seasonal buyers and out-of-state sellers, remote closing is routine. Many local buyers and sellers prefer in-person closings, which we also handle.
Real estate transactions integrate with the firm's title insurance, estate planning, asset protection, and association law practices.
Frequently Asked Questions
Do I need an attorney for a Palm Beach County real estate closing?
Florida law permits real estate closings to be handled by either an attorney or a title agent. For higher-value properties, condo and HOA transactions, commercial property, foreign buyer or seller transactions, country club community transfers, and any transaction with unusual complexity, attorney representation provides material additional value: contract review, due diligence guidance, dispute resolution, and document preparation tailored to the transaction.
How much does a Palm Beach County real estate closing cost?
Buyers typically pay 2 to 5% of the purchase price in closing costs, depending on financing and property type. Sellers typically pay 6 to 8% of the sale price, with real estate agent commissions historically the largest line item. Specific costs include Florida documentary stamps, intangible tax, title insurance, HOA estoppel fees, property tax proration, and attorney and recording fees.
Who pays for title insurance in Palm Beach County?
In Palm Beach County, the seller customarily pays for the owner's title insurance policy. The buyer pays for the lender's title insurance policy when financing. This is the opposite of many other states. Florida title insurance rates are promulgated by the state.
What is FIRPTA withholding and when does it apply?
FIRPTA (Foreign Investment in Real Property Tax Act) requires the buyer of US real estate from a foreign seller to withhold 15% of the sale price for transmission to the IRS, subject to limited exceptions (sales under $300,000 used as buyer's residence; sales with reduced-rate withholding certificates). The buyer is personally liable if withholding is missed. Palm Beach County's substantial international ownership makes FIRPTA a routine contract review item.
How do I verify milestone structural inspection status on a Palm Beach County condo?
Ask explicitly for the building's milestone inspection report and any structural integrity reserve study during the inspection period. Review recent association meeting minutes for discussion of pending repairs or assessments. Verify that the seller has paid all current assessments through closing, and confirm in writing whether any special assessments are anticipated. Florida law requires milestone inspections for buildings 30+ years old (25+ within 3 miles of coast).
How are country club community transfers handled in Palm Beach County?
Many Palm Beach County country club communities require board approval, transfer fees, equity certificate transfer or repurchase, and sometimes age verification before a sale can close. These should be initiated during the contract period rather than discovered close to closing. The specific rules vary by community and require review of the community's governing documents.
Can a Palm Beach County real estate closing be done remotely?
Yes. Remote closings via remote online notarization (RON), powers of attorney, and remote document coordination are routine for seasonal buyers and out-of-state sellers. In-person closings at our Boca Raton or West Palm Beach office are also available.
Where are Palm Beach County matters heard if they go to court?
Palm Beach County is Florida's 15th Judicial Circuit. Civil matters route through the Palm Beach County Courthouse system, with the main courthouse at 205 N. Dixie Hwy, West Palm Beach, and the South County Courthouse in Delray Beach handling matters from southern sub-markets.
Get Help with Your Palm Beach County Real Estate Transaction
Free initial consultation. We represent buyers, sellers, lenders, and investors in residential and commercial transactions throughout Palm Beach County. Locally headquartered with in-person and remote handling available.
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