SoFla real estate deals on hold: Insurers delay closings ahead of Hurricane Dorian

Hurricanes and tropical storms can also impact refis

Hurricane Dorian is putting real estate deals in a holding pattern as it approaches South Florida.

Insurance companies hold the key to any real estate closing that involves a mortgage, so it’s no surprise that a major storm would throw a wrench in a buyer’s plans to close on a property.

In recent years, insurers have moved away from using the box method – which meant that if a storm fell within a certain geographic box, insurance companies would not bind new policies for properties in that area until after the storm passed and properties were re-inspected.

Now, insurers generally rely on the National Weather Service’s watches and warnings, according to South Florida real estate attorneys and title brokers.

Marcie Gregorio of Brickell-based Worldwide Title tells her clients to have their insurance agents bind their policies by the date of the closing, prior to the NWS issuing a warning or watch. “As long as they do it and bind it by that effective date, [the insurance company] will honor that,” she said.

Gregorio has some clients who had their closings delayed due to Hurricane Dorian, which is expected to make landfall in Florida as a Category 4 storm early next week. Others got their insurance binders before the storm became a threat.

“I always recommend a local insurance agent. They know exactly what happens, especially in your neighborhood,” she added.

Nancy Klock Corey, regional vice president of Coldwell Banker, said the brokerage has post-storm documents available to its agents that can be added to contracts if closings are delayed.

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A hurricane can also impact refinances, said Gary Singer of the Fort Lauderdale-based Law Firm of Gary M. Singer. With home purchases, it’s important to make sure that buyers have their policies bound in time. “People get a quote and don’t bind it in time,” he said.

Lenders require homeowner’s insurance, but if it’s an all-cash deal the closing could still occur.

“If it’s a cash deal, there’s really nothing stopping you,” Singer said.

Most contracts include a force majeure clause, which would give the buyer or seller the ability to delay the closing within a certain period of time after the storm passes. After 30 days, either party could cancel.

“You want to get the house re-inspected” following a storm, Singer said. “Everything depends on the contract. Typically the seller is responsible to turn the property over in the condition it was in the beginning. … If that becomes too expensive, they may be released.”

Fred E. Karlinsky, co-chair of Greenberg Traurig’s Insurance Regulatory and Transactions Practice Group, said that if a property is damaged, that could impact whether it can be insured.

Karlinsky represents a wide range of commercial and residential insurers in Florida and across the U.S.

“Whenever you’re in a state like Florida, you always have these issues and you need to be cognizant of them when you’re dealing with real estate closings,” he said.

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SoFla real estate deals on hold: Insurers delay closings ahead of Hurricane Dorian

Hurricanes and tropical storms can also impact refis

Hurricane Dorian is putting real estate deals in a holding pattern as it approaches South Florida.

Insurance companies hold the key to any real estate closing that involves a mortgage, so it’s no surprise that a major storm would throw a wrench in a buyer’s plans to close on a property.

In recent years, insurers have moved away from using the box method – which meant that if a storm fell within a certain geographic box, insurance companies would not bind new policies for properties in that area until after the storm passed and properties were re-inspected.

Now, insurers generally rely on the National Weather Service’s watches and warnings, according to South Florida real estate attorneys and title brokers.

Marcie Gregorio of Brickell-based Worldwide Title tells her clients to have their insurance agents bind their policies by the date of the closing, prior to the NWS issuing a warning or watch. “As long as they do it and bind it by that effective date, [the insurance company] will honor that,” she said.

Gregorio has some clients who had their closings delayed due to Hurricane Dorian, which is expected to make landfall in Florida as a Category 4 storm early next week. Others got their insurance binders before the storm became a threat.

“I always recommend a local insurance agent. They know exactly what happens, especially in your neighborhood,” she added.

Nancy Klock Corey, regional vice president of Coldwell Banker, said the brokerage has post-storm documents available to its agents that can be added to contracts if closings are delayed.

Sign Up for the undefined Newsletter

By signing up, you agree to TheRealDeal Terms of Use and acknowledge the data practices in our Privacy Policy.

A hurricane can also impact refinances, said Gary Singer of the Fort Lauderdale-based Law Firm of Gary M. Singer. With home purchases, it’s important to make sure that buyers have their policies bound in time. “People get a quote and don’t bind it in time,” he said.

Lenders require homeowner’s insurance, but if it’s an all-cash deal the closing could still occur.

“If it’s a cash deal, there’s really nothing stopping you,” Singer said.

Most contracts include a force majeure clause, which would give the buyer or seller the ability to delay the closing within a certain period of time after the storm passes. After 30 days, either party could cancel.

“You want to get the house re-inspected” following a storm, Singer said. “Everything depends on the contract. Typically the seller is responsible to turn the property over in the condition it was in the beginning. … If that becomes too expensive, they may be released.”

Fred E. Karlinsky, co-chair of Greenberg Traurig’s Insurance Regulatory and Transactions Practice Group, said that if a property is damaged, that could impact whether it can be insured.

Karlinsky represents a wide range of commercial and residential insurers in Florida and across the U.S.

“Whenever you’re in a state like Florida, you always have these issues and you need to be cognizant of them when you’re dealing with real estate closings,” he said.

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