Most Broward County residents buy or sell a home only a few times in their lives. But a residential closing has enough moving parts to derail even a straightforward deal — and the issues that cause the most trouble are rarely the dramatic ones.
After more than 20 years handling closings and residential real estate transactions across Sunrise, Plantation, Weston, Fort Lauderdale, and the rest of Broward County, I see three issues come up repeatedly. None of them are unusual. All of them are expensive to overlook.
Trap 1: Title Insurance — Who Actually Pays in Broward County?
Florida regulates title insurance rates at the state level. The Florida Department of Financial Services sets title insurance premiums under Rule 69O-186.003 of the Florida Administrative Code.
So the rate is not negotiable. The payment responsibility is.
In Broward County, the question of who pays for the owner’s title insurance policy is not fixed by law — it is a matter of contract and local custom. That is a critical distinction.
In some Florida counties, the seller customarily pays. In others, the buyer does. In Broward, the contract language controls the outcome — and what you signed in your purchase agreement is what governs.
For sellers in Sunrise, Plantation, or Weston, this means reading the clause carefully before you sign. A single clause allocating the owner’s policy to the seller can shift thousands of dollars in closing costs, often without either party noticing.
For buyers, the same rule applies: do not assume “custom.” Confirm what your contract actually says.
Trap 2: Municipal Lien Searches in Broward Are a Multi-Channel Process
This is where Broward closings get genuinely complicated.
Broward County’s Building Code Services Division offers a formal code violation research process, including lien searches by email request and a published fee. That is the county-level channel.
But county-level searches alone are often not enough. Broward’s research process also includes separate contact channels for code enforcement and zoning lien searches — a clear signal that title and lien clearance in Broward routinely runs through multiple offices at once.
What this means for a Sunrise or Broward closing:
• A county-level search may miss a city-level violation
• A city-level search may not catch a county code or zoning issue
• Complete lien clearance typically requires verification across multiple jurisdictions
How Long Does a Broward Lien Search Take?
There is no single processing time that applies uniformly across Sunrise, Weston, Fort Lauderdale, and the rest of Broward County. Timelines vary based on which city the property is located in, the type of lien involved, whether an estoppel or payoff statement is required, and the current workload at the responding office.
For most Broward closings, the realistic planning window is several weeks — not several days.
Why Lien Issues Trip Up So Many Closings
Buyers and sellers often assume the title company handles everything. That is partly true — but a title company’s lien search is only as thorough as the channels it queries. If a Sunrise property has a code enforcement issue logged at the city level that does not appear in county records, the title search can pass while the lien still exists.
When working with a Broward real estate closing attorney, get clear answers about which jurisdictions are being searched — and which are not.
Trap 3: FIRPTA Withholding for Foreign Sellers
The Foreign Investment in Real Property Tax Act — FIRPTA — applies any time a foreign person sells U.S. real property. It is a federal withholding mechanism, and it surfaces regularly in South Florida closings.
The IRS treats FIRPTA withholding as the default. Exceptions exist, but they are limited.
The most common residential exception:
• Sale price of $300,000 or less, and
• Buyer intends to use the property as a primary residence
If both conditions are met, the buyer can generally claim the residence exception and avoid withholding — but the buyer’s intent must be documented, not simply assumed.
Once the sale price exceeds $300,000, the IRS withholding thresholds apply:
| Sale Price | Withholding Rate |
|---|---|
| $300,001 – $1,000,000 (buyer’s residence) | 10% |
| Over $1,000,000 | 15% |
These thresholds catch sellers off guard in Sunrise and throughout Broward County, where home values routinely cross the $300,000 mark.
Why FIRPTA Is So Common in South Florida
South Florida has a large international ownership base. Foreign sellers — particularly from Latin America, Canada, and Europe — represent a meaningful share of Broward County residential transactions. When the seller is a foreign person and the buyer does not properly document the residence exception, withholding applies automatically.
Sellers can recover over-withheld funds through the IRS, but it takes time and adds significant friction to what should have been a clean closing.
If you are buying from a foreign seller anywhere in Broward County — Sunrise, Margate, Tamarac, Hollywood, or elsewhere — work with a Broward real estate closing attorney who handles FIRPTA documentation regularly. A small upfront investment prevents a complicated refund-recovery process later.
The Bottom Line for Broward Buyers and Sellers
These three traps have something in common: they are all routine in concept and detail-heavy in execution. They rarely show up as emergencies — they show up as avoidable costs that weren’t avoided.
The closing professional you choose matters. A Florida real estate attorney who regularly handles Sunrise and Broward County transactions will catch the title insurance clause, run lien searches across the right jurisdictions, and flag FIRPTA exposure before it becomes a problem — not after.
If you are planning a Broward County closing in 2026, get these questions answered before you sign your contract.
Contact the Law Offices of Geil S. Bilu, PA →
Geil S. Bilu, Esq. is a Florida real estate attorney with over 20 years of experience representing buyers, sellers, landlords, and investors across Broward County. The Law Offices of Geil S. Bilu, PA is headquartered in South Florida and focuses exclusively on real estate law.
Sources: Florida Department of Financial Services — Title Insurance Overview · Broward County Code Violation Research Packet · Broward County Code Violations Search · IRS FIRPTA Exceptions · IRS FIRPTA Internal Revenue Manual Guidance