The AS IS Residential Contract for Sale and Purchase now in general use across Florida reads much like the version before it. One addition at Paragraph 9(c) changes how closing fees are allocated, and almost nobody signing it has noticed.
What actually changed
Paragraph 9(c) now carries a definition that was not there before. In the executed contracts we are receiving it reads: “Closing Services” shall have the meaning ascribed to that term in Section 627.7711(1)(a), F.S.; each party shall bear their own Closing Services fees payable to Closing Agent or such other provider(s) as each party may select.
Two things follow. First, the contract now points to a statutory definition rather than leaving “closing fee” as a term the parties argue about at the table. Second, the default is now that each party bears their own closing services fees — not that one side absorbs the closing agent’s charges for both.
Section 627.7711(1)(a) defines closing services as the services performed by a licensed title insurer, title agent or attorney in connection with settlement: preparing documents, conducting the closing and disbursing. It is distinct from the title insurance premium, which Florida promulgates separately.
Why this matters more than it looks
On many Florida residential files this is a modest sum. On files where the closing agent charges separate settlement fees to each side, it is the difference between one line on the settlement statement and two.
Under the older framing it was common for the party who selected the closing agent to be quoted a single closing fee covering the whole file. Under the current language the seller’s closing services fee and the buyer’s are separate obligations by default, each payable to the provider that party selected.
It also means a buyer who brings their own closing agent for their side is now contemplated by the contract rather than treated as an exception to it.
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What it does not change
It does not change who pays for the owner’s title policy. That is still governed by whichever box is checked at Paragraph 9(c)(i), (ii) or (iii), and by county custom. In most Florida counties the seller customarily selects the closing agent and pays for the owner’s policy; in Miami-Dade, Broward, Sarasota, Collier, Lee, Charlotte and Manatee the buyer customarily does. See who pays for title insurance in Florida.
It does not change the premium either. Florida title insurance premiums are promulgated by the Florida Office of Insurance Regulation and are identical at every licensed agency. Closing services fees are not promulgated and do vary — which is precisely why the contract now names them as their own category.
And it does not override the parties’ own agreement. If your contract allocates fees differently in Paragraph 20 or an addendum, that governs.
What Realtors should do with this
Read Paragraph 9(c) on the contract in front of you rather than the one you remember. The current form is the one in Form Simplicity now, and that paragraph reads differently from the version many agents learned.
When you present a net sheet, show the seller’s closing services fee as its own line rather than folding it into a single closing cost figure. A seller who sees one number at contract and two at closing assumes something was added along the way.
And ask the closing agent for the fee split in writing early in the file. A transaction where each side selected a different provider is normal under this contract, and it is far easier to reconcile on day three than at the closing table.
The FinCEN paragraph moved too
The same revision cycle also updated the contract’s FinCEN language. That matters most on all-cash purchases by legal entities, where the reporting obligation falls on the settlement agent. We cover it in the FinCEN rule for Florida title companies.
If you write cash deals for LLCs or trusts, read both paragraphs together. They interact.
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Frequently Asked Questions
What changed in the 2026 FAR/BAR contract?
The current AS-IS Residential Contract added a definition of "Closing Services" at Paragraph 9(c), tied to Section 627.7711(1)(a), Florida Statutes, providing that each party bears their own Closing Services fees payable to the closing agent or provider that party selects. The FinCEN paragraph was also revised.
What are Closing Services under Florida law?
Section 627.7711(1)(a), F.S. defines closing services as the services performed by a licensed title insurer, title insurance agent or agency, or attorney in connection with settlement, including document preparation, conducting the closing and disbursement. It is separate from the title insurance premium.
Does this change who pays for the owner’s title policy?
No. That is still set by which box is checked at Paragraph 9(c)(i), (ii) or (iii), and by county custom where the parties follow it. The Closing Services definition addresses settlement fees, not the policy premium.
Are closing fees the same at every Florida title company?
No. Florida promulgates the title insurance premium, so that is identical everywhere. Closing and settlement fees are not promulgated and vary between agencies, which is why the contract now treats them as their own category.
Can the parties still agree on a different fee split?
Yes. The contract sets a default. If Paragraph 20 or an addendum allocates closing fees differently, that agreement governs.