Seller's Affidavit
(Commercial) (Pro-Seller) (FL)

Summary

This seller's affidavit template is for use in a Florida real estate sale and includes the representations and warranties a Florida title insurance company typically requires. This template is drafted from seller's perspective but also contains drafting tips for purchaser. This template includes practical guidance, drafting notes, alternate clauses, and optional clauses. This template is for use when seller owns real property in Florida and is selling such property. A seller's affidavit is customarily required by Florida title insurance companies as a contingency to issuing the final title policy. The seller's affidavit typically requires seller to certify specific facts relating to seller's ownership of the property, including at a minimum: • Seller's form of ownership of the property • The existence (or non-existence) of any liens against the property • Improvements ordered or contracted for within the last 90 days • Local improvements done or to be done in the neighborhood by municipal or government authorities • Violations of any restrictions affecting the property, or any disputes with neighboring owners • Any lawsuits pending against seller • Any bankruptcy or insolvency proceedings against seller Certain representation and warranties contained in this affidavit are typically qualified by seller's knowledge, information and belief when drafted from seller's perspective. Other representations and warranties, particularly those actions that seller has total control over, are typically unqualified. For further information on seller's affidavits, see Owners' Affidavits and Gap Indemnities. For further information on purchases and sales of Florida commercial real property, see Commercial Real Estate Purchase and Sale Agreements (FL).