What Is the Seller’s Affidavit for Closing?

A seller’s affidavit, otherwise known as a seller’s closing affidavit, is a typical document signed by the seller on closing day, along with the warranty deed, bill of sale, assignment of parking space and power of attorney, if applicable.

The seller’s affidavit provides an additional layer of protection to home buyers and the title insurance company because the seller swears under penalty of perjury that the property is free and clear of liens, that there are no title defects that the title search might have missed and that there are no pending matters that might affect the lien.

Furthermore, as you’ll see in the sample seller’s affidavit we’ve included below, the seller affirms that he or she is not a nonresident foreigner subject to FIRPTA withholding, and that he or she will indemnify the title companies for the statements attested to.

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Closing Affidavit

Before me, the undersigned authority, personally appeared Ann Windsor (“Affiant”) who being by me first duly sworn, on oath, depose(s) and say(s) that:

1. Ann Windsor (“Seller”) is the owner of and is selling the following described property to John Smith (“Buyer”), to wit:

Unit 3455, of Elixir South Beach, a Condominium, according to the Declaration of Condominium recorded in Official Records Book 24555, Page 3566, and all exhibits and amendments thereof, Public Records of Miami-Dade County, Florida.

2. The above described property is free and clear of all liens, taxes, encumbrances, mortgages and claims of every kind, nature and description of record whatsoever, except for real estate property taxes for the year 2021, which are not yet due and payable.

3. There have been no improvements, alterations, or repairs since acquisition by the Seller to the above described property for which the costs thereof remain unpaid, that there are no claims for labor or material furnished for repairing or improving the same, which remain unpaid since the acquisition by Seller, and that there are no mechanic’s, materialmen’s, or laborer’s liens since acquisition by Seller against the above described property.

4. There have been no documents recorded in the Public Records of Miami-Dade County, Florida subsequent to May 1, 2021, @ 11:00PM which affect title to the Property and Seller has not entered into any contracts for the sale, disposition or leasing of the Property since said date except as may have been disclosed to Miami Title Services, Inc. in writing, and Seller has no knowledge of any matter affecting title to the Property.

5. The personal property contained in the building on said property, or on the said premises, and which, if any, is being sold free and clear of all liens, encumbrances, claims and demands whatsoever. The Seller knows of no violations of Municipal or County Ordinances pertaining to the above described property. No judgment or decree has been entered in any court in this State or the United States against said Seller which remains unsatisfied. There are no persons other than Seller in possession of the above described property.

6. Seller agrees that in the event the current real estate or personal property taxes vary in amount from the figures used in making the prorations used in closing the transfer and conveyance of the above described property to said buyers, then a new proration and a correct and proper adjustment will be made upon demand.

7. There are no matters pending against the Seller that could give rise to a lien that would attach to the property between the effective date of commitment and the recording of the interest to be insured. Seller has not and will note execute any instruments that would adversely affect the interest to be insured.

8. Seller’s title to, and possession and enjoyment of, the property have been open, notorious, peaceable and undisturbed, and have never been disputed or questioned.

9. There are no disputes concerning the boundary lines of the property, and the operation of any buildings on said property have been in compliance with the applicable building codes, ordinances and statutes.

10. Affiant has received no notice of any public hearing regarding assessment for improvements or changes in applicable zoning laws concerning said property within the past ninety (90) days.

11. There are no actions or proceedings now pending in any State or Federal Court to which the Seller is a party, including but not limited to, proceedings in bankruptcy, receivership or insolvency, nor are there any judgments, bankruptcies, liens or executions of any nature which constitute or could constitute a charge or lien upon said property.

12. There are no recorded easements, claims of easement or rights-of-way affecting all or any portion of the property.

13. Seller understands that Section 1445 of the Internal Revenue Code provides that a Buyer of a United States real property interest must withhold tax if the Seller is a foreign person. To inform the Buyer that withholding of tax is not required upon purchase of the above described property, Seller certifies the following:
a. Seller is not a nonresident alien individual, foreign corporation, foreign partnership, foreign trust or foreign estate for purposes of United States federal income taxation.
b. Seller’s U.S. Taxpayer Identification Number is 111-11-1111
c. Seller’s address is: 224 Collins Avenue, Apt 3554, Miami Beach, FL 33145
d. No other persons or entities have an ownership interest in the above described property.

Seller understands the Buyer of the described property intends to rely on the foregoing representations in connection with the United States Foreign Investment in Real Property Tax Act (FIRPTA). Seller understands this certification may be disclosed to the Internal Revenue Service by the Buyer and that any false statements contained in this certification may be punishable by fine, imprisonment or both. Seller has the authority to sign this affidavit as either individual Seller or on behalf of an entity Seller. Under penalties of perjury, Seller states that this declaration was carefully read and is true and correct.

14. This affidavit is given for the purpose of clearing any possible question or objection to the title to the above referenced property and, for the purpose of inducing Miami Title Services, Inc. and South Florida Title Insurance Company to issue title insurance on the subject property, with the knowledge that said title companies are relying upon the statements set forth herein. Seller hereby holds Miami Title Services, Inc. and South Florida Title Insurance Company harmless and fully indemnifies same (including but not limited to attorneys’ fees, whether suit be brought or not, and at trial and all appellate levels, and court costs and other litigation expenses) with respect to the matters set forth herein. “Affiant,” “Seller” and “Buyer” include singular or plural as context so requires or admits. Seller further states that he/she is familiar with the nature of an oath and with the penalties as provided by the laws of the United States and the state of Florida for falsely swearing to statements made in an instrument of this nature. Seller further certifies that he/she has read, or heard read, the full facts of this Affidavit and understands its context.

Under penalties of perjury, I declare that I have read the foregoing Affidavit and that the facts stated in it are true.

Seller Signature:
Seller Name: Ann Windsor

State of Florida
County of Miami-Dade

The foregoing instrument was sworn to and subscribed before me by means of __ physical presence or __ online notarization, this 12 day of May, 2021 by Ann Windsor, who __ is personally known or __ has produced a driver’s license for identification.

Notary Public:
Printed Name:
My Commission Expires:

Disclosure: Hauseit® and its affiliates do not provide tax, legal, financial or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal, financial or accounting advice. No representation, guarantee or warranty of any kind is made regarding the completeness or accuracy of information provided.

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