06/01/2026
Can Sellers Demand Closing Funds Before Delivering Keys?
This issue continues to arise in Florida real estate transactions, so it’s worth revisiting.
According to the Florida Realtors®/Florida Bar Residential Contract, sellers are required to deliver all keys, garage door openers, access devices, and codes at closing. Once the closing agent confirms that the transaction has officially closed, the buyer is entitled to possession unless otherwise agreed in writing.
A common misunderstanding occurs when a seller insists on seeing sale proceeds deposited into their bank account before releasing the keys. However, wire transfers are often processed after closing, and delays can occur due to banking hours, weekends, or holidays.
Key points:
✅ Closing occurs at the time established by the Closing Agent.
✅ Sellers are contractually obligated to deliver keys and access devices at closing.
✅ Funds are typically disbursed after closing and recording.
✅ A seller’s refusal to provide keys after closing could expose them to liability for damages incurred by the buyer, such as moving expenses, storage fees, temporary lodging, or rescheduled deliveries.
In many cases, providing proof that the seller’s wire has been initiated is enough to resolve the issue.
As always, Realtors® should avoid providing legal advice and encourage buyers and sellers to consult legal counsel regarding contractual rights and obligations.
Source: Joel Maxson, Associate General Counsel, Florida Realtors®
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