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Thinking of Skipping a Survey at Closing? Here's Why You Shouldn't.

The Role of Surveys in Florida Real Estate

When it comes to closing on a property in Florida, surveys are one of the most important (yet sometimes overlooked) pieces of the process. For buyers using traditional financing, a survey is often mandatory because lenders typically require a Florida Form 9 Endorsement. Cash buyers, however, are not legally required to obtain one.

Given that financial institutions require property surveys to safeguard their investments, would it not be prudent for cash buyers to implement similar precautions when utilizing their own funds?

What a Survey Really Shows

At its core, a survey maps out the property’s boundary lines and shows exactly where structures and easements sit in relation to those boundaries. This is crucial because it reveals issues such as:

  • Encroachments on neighboring properties or easements that you cannot build on
  • Violations of setback requirements
  • Structures improperly built over property lines
  • Marketability concerns that can affect resale

Without a survey, buyers are left in the dark about potential legal and financial risks tied to the land.

Legal Issues a Survey Can Prevent

A survey doesn’t just mark lines on a map it can uncover deeper issues, such as:

  • Whether a property truly has legal access to a roadway
  • Whether a “waterfront” property actually touches the water without hidden gaps
  • Situations where compliance with permits or building codes doesn’t eliminate survey-related defects

These findings can make or break a deal and impact long-term property rights.

Common Survey Problems in Florida

One common problem involves new pools or home additions that violate a Homeowners’ Association’s Building Setback Line (BSL). Associations often restrict how close structures can be to property boundaries, but contractors don’t always check these restrictions when pulling government permits.

Depending on the association’s rules, when violations occur, a typical fix involves requesting a variance from the association, signed by the proper representative, and recording it in the public records so it permanently applies to the property.

The Cost of Skipping a Survey

If a buyer decides not to order a survey, they may not discover an issue until years later often when trying to sell. At that point, the burden (and cost) of fixing the problem falls entirely on the property owner.

Work With a Real Estate Attorney

Survey defects can be complicated, and remedies vary depending on the issue. That’s why it’s strongly recommended that every buyer cash or financed obtain a survey before closing. An experienced real estate attorney can guide buyers through potential survey problems, explain their implications, and help secure solutions before they turn into expensive surprises.

Bottom Line: A survey is a small investment compared to the peace of mind and protection it provides in a Florida real estate purchase.

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Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.