Post-Closing Agreements in Florida Real Estate: What Buyers & Sellers Should Know

What Is a Post-Closing Agreement?

Not every real estate issue can be resolved before closing. Sometimes buyers and sellers agree to handle certain matters after the property changes hands. A post-closing agreement is a legally binding arrangement that sets clear rules for how these unresolved issues will be handled.

At St. Johns Law Group, St. Augustine’s largest law firm, our attorneys regularly draft, review, and enforce post-closing agreements to protect clients from unexpected disputes.

Common Types of Post-Closing Agreements

1. Seller Occupancy / Lease-Back

Sellers may need extra time to move out. A post-closing occupancy agreement (often called a lease-back) allows the seller to remain in the property for a defined period after closing, usually in exchange for rent or escrowed funds.

📌 See also: Real Estate Seller Representation

2. Repair Holdbacks

Sometimes repairs can’t be completed before closing. A holdback agreement allows part of the sale proceeds to remain in escrow until the work is done.

📌 Related service: Hidden Defects & Johnson v. Davis

3. Permit or Code Compliance Issues

If permits are still open or code violations need correction, a post-closing agreement may require one party to fix the issue by a set deadline.

📌 Cluster Connection: Closings & Title Services

4. Title or Survey Problems

Some title or survey issues aren’t discovered until late in the process. Post-closing agreements can cover lien releases, easement clarifications, or boundary line corrections.

📌 See also: Quiet Title Attorneys

5. Indemnification Agreements

Parties sometimes agree to share or shift responsibility for certain risks—such as environmental matters or tenant claims—through post-closing indemnity agreements.

📌 Cluster Connection: Commercial Leasing and Contracts & Amendments

Why Post-Closing Agreements Require an Attorney

While realtors may draft simple occupancy addenda, most post-closing agreements carry significant financial and legal consequences. An attorney ensures:

• The agreement is enforceable in court

• Deadlines and remedies are clear

• Escrow or holdback funds are handled properly

• Risks are minimized for your side

• Insurance requirements are addressed

📌 Explore more: Real Estate Contract Disputes & Remedies

FAQs About Post-Closing Agreements

Are post-closing agreements enforceable?
Yes—if properly drafted, they are binding contracts and our attorneys are ready to help.

What happens if repairs aren’t completed on time?
The agreement usually allows funds to be released from escrow to pay another contractor or offset damages.

Can I live in the property before closing instead?
That would require a pre-closing occupancy agreement—another form of contract our attorneys draft to protect your rights.

Call St. Augustine Real Estate Attorneys for Post-Closing Agreements

📞 Call 904.495.0400 or Contact us at info@sjlawgroup.com today.

At St. Johns Law Group, we help buyers, sellers, and investors in Northeast Florida draft, review, and enforce post-closing agreements—protecting your investment even after the closing table.