UPDATED Wednesday October 28, 2020

Please be advised that effective Monday March 30th and until further notice, Realtors®, lenders and visitors will not be permitted in closing rooms to limit the spread of the coronavirus. We encourage Realtors®, lenders and guests to attend closings virtually via speakerphone or video call for the safety of everyone involved. We appreciate your cooperation. To learn more about our closing procedures click here

In response to the growing concerns about COVID-19, commonly referred to as coronavirus, The Closing Agent is providing this guidance to help REALTORS® respond with confidence to many of the questions affecting contracts and closings.

Downloadable Forms & Press Notifications

The CARES Act

Force Majeure – Frequently Asked Questions

Q: WHAT HAPPENS IF THERE IS A DELAY OR DISRUPTION SUBJECT TO THE FORCE MAJEURE PROVISION?
A: The deadline for performance will be extended a reasonable time up to seven (7) days, after the Force Majeure no longer prevents performance, but in no event more than thirty (30) days after the Closing Date—at which point either party can cancel, and the buyer would be entitled to a return of the deposit.
Q: DOES FORCE MAJEURE ALLOW FOR THE INSPECTION TO BE DELAYED?e
A. Force Majeure is governed by Standard G of the Contract. Force Majeure means: hurricanes, floods, extreme weather, or other acts of God…which by exercise of reasonable, diligent effort, the nonperforming party is unable in whole or in part to prevent or overcome. If it’s determined that Force Majeure applies, the Parties shall not be required to perform any obligation under the Contract so long as performance or non-performance or the availability of services or required approvals essential to Closing cannot reasonably or diligently be procured. Under this standard, the Closing Date will be extended a reasonable time up to seven (7) days, after the Force Majeure no longer prevents performance. So, for example, a lack of power to the Property which would enable an inspection, would likely prevent performance under the Contract and would likely constitute a Force Majeure. ntent
Q: WHAT IF THE BUYER REQUESTS TO EXTEND THE INSPECTION PERIOD UNDER FORCE MAJEURE?
A. If the services necessary to perform the inspection are able to be procured by the Buyer through reasonable, diligent efforts, (i.e. inspector), there would not be any delay or extension of the Inspection Period; if a Buyer states that his/her inspector is suspending business, this is not force majeure, as the Buyer could find another inspector.
Q. WHAT IF A LENDER REFUSES TO CLOSE AFTER ISSUING A LOAN APPROVAL?
A. If a Lender flat out refuses to close any loans for which approvals have been previously granted, and shuts down its lending operations, force majeure would not apply. The flat-out refusal of a lender to close a loan transaction would not constitute a “delay or disruption” of services essential for closing. However, if a Lender, rather than canceling files, simply says they are suspending lending operations for a set period of time, then force majeure may be triggered to delay closing. Given the ambiguity in the wording of Standard G on the FR/BAR Contract, the failure to obtain financing might be subject to multiple, varying interpretations insofar as Standard G is concerned. This requires a case-by-case analysis of the facts applicable to each case.

Monthly CE Classes

Our classes will temporarily be conducted virtually via GoToWebinar while still offering CE credits. Our next class is scheduled for Wednesday, November 11th at 10 AM and will be focused on ‘Surveys & Easements’

Replays of the virtual Town Hall events held earlier in the year can be found below.

Video Guides & Town Halls

Closing Cost Calculators

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Testimonials

Building Relationships & Earning Trust

JoAnn Best

Realtor®
Charles Rutenberg Realty

Just wanted to take a quick minute and thank you and your company so much for the monthly CE classes! Because of COVID other options I considered at the Realtor Assn. were all cancelled. It is so great that you have made them available online! I find Barry and Christian much more engaging than any other online course I have taken. Plus the opportunity to ask questions and hear about real situations that we might face makes it even better! Your classes have kept me on track to get my license renewed on time since you make sure the credits for classes are sent to the DBPR in a timely manner. Not only do you do a great job managing transactions - but this "value added" service to realtors is greatly appreciated.

Charlie Orden

Broker/Owner
Remax Town Center
Orlando, Winter Garden

It is not too often that an attorney with the knowledge and experience of Barry Miller would offer his time in such a generous manner. The information presented is a huge resource that I encourage all of my agents to take advantage of.

David Dorman

Realtor®
Century 21

The Closing Agent’s advances in technology and innovation allow us to offer services to our clients that are unmatched by our competition. Barry Miller Law’s legal expertise is invaluable to our clients.

Jennifer King

Realtor®
Kelly Price & Company

We would like to take the time to show you the great level of satisfaction that we have had with your services through our short-sale process. Your level of responsiveness, professionalism and customer oriented attitude was of the highest. You were referred to us by one of your clients and we just want to let you know that you have another source of referral on us.

Jeff Haeger

Realtor®
RE/MAX Town Centre

The Closing Agent helped me on this transaction and they were not even the title company involved. That is going above and beyond!

Elaine Gigicos

Realtor®

After attending our “Hot Properties” event Elaine said “I put it on my calendar right after the last meeting! Looking forward to it and thank you for providing this great format to network and present our listings."

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