In today’s fast-moving Florida market, skipping a survey can feel like an easy way to gain an edge. But it’s worth asking: what are you actually giving up?

Thinking About Closing Without a Survey? Read This First.

In competitive markets — especially with cash buyers — one of the most common questions we hear is:

“Do we really need a survey?”

In Florida, a survey is required when a buyer is obtaining financing and the lender requires a Florida Form 9 Endorsement. For cash purchases, however, a survey is not legally required.

But here’s the practical question: If a lending institution requires a survey to protect its investment, shouldn’t a cash buyer want the same level of protection?

For advisors at Premier Sotheby's International Realty, advising clients on this decision can significantly impact both the transaction and your long-term reputation. At Opus Title, we view surveys not as an optional add-on — but as a risk-management tool that protects everyone at the table.

Why Surveys Matter in Florida Closings

A survey identifies:

· Property boundary lines

· The location of improvements (home, pool, additions, fences)

· Easements

· Encroachments

· Setback compliance

Without a current survey, it is impossible to confirm whether:

· The structure crosses into a neighboring property

· Improvements violate setback lines

· A pool or addition encroaches into restricted areas

· There are easements affecting use or future improvements

· The property has legal access to a roadway

A home existing near a road does not automatically mean there is legal right-of-way access. Similarly, a “waterfront” listing may not guarantee clear, unobstructed access to the water without confirming boundary lines.

Just because a home was built to code or permits were pulled does not eliminate the possibility of survey defects.

Common Survey Defects We See in Florida

One of the most frequent issues involves violations of Homeowners’ Association Building Setback Lines (BSLs).

For example:

· A newly constructed pool extends into a restricted setback area

· A home addition was built too close to the rear or side property line

· Improvements encroach into recorded easements

In many cases, contractors obtain municipal permits without reviewing HOA setback requirements. The result? A technical violation that only appears when a survey is reviewed.

Resolving these issues may require:

· Association approval

· Recorded variances

· Legal documentation

· Negotiation prior to closing

If discovered early, these matters are often manageable. If discovered later — after closing — they can become the new owner’s financial responsibility.

The Risk of Skipping a Survey in a Cash Transaction

When a cash buyer chooses to forgo a survey, the risk does not disappear — it simply transfers.

If a future buyer obtains a survey and identifies a defect, the current owner may be required to:

· Cure the violation

· Obtain retroactive approvals

· Remove or modify improvements

· Absorb legal and remediation costs

From an advisor’s perspective, these situations are rarely remembered as “a technical survey issue.” They are remembered as, “We didn’t catch this.”

In a luxury real estate environment, protecting the client experience means thinking beyond minimum requirements.

How Opus Title Helps Protect Your Transactions

At Opus Title, our role is to identify potential risks before they impact your closing.

We work with Premier Sotheby’s advisors to:

· Review existing surveys when available

· Identify when a new survey is advisable

· Coordinate with surveyors early in the transaction

· Flag encroachments, setback concerns, and easement issues

· Address title and marketability concerns before closing

A survey is not simply a formality — it is often the only document that visually confirms what is actually being purchased.

Final Takeaway

While Florida does not require surveys for cash purchases, the absence of a lender requirement does not eliminate risk.

Encroachments, setback violations, easement conflicts, and access issues can significantly affect property value and marketability. Identifying these matters before closing protects:

· Your client’s investment

· Your credibility as an advisor

· The smooth progression of the transaction

If you have a pending contract — especially involving a cash buyer — and would like guidance on whether a survey is advisable, Opus Title is available to consult early in the process.

In high-value transactions, clarity is not optional. It is part of delivering a seamless closing experience.

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