BROKER FEES:

A recent trend has been for real estate brokers to add fees for themselves in addition to their commission to the contract. These are often described as "processing" or "handling fees" and are assessed by the listing broker against the seller, and even against the buyer! Because many brokers print up their own contracts with these fees included in the "boiler plate," the parties may not be aware of them. But when they sign the purchase and sale contract they are also contracting to pay these fees. The parties should carefully review the contract, and if you do not agree to pay these additional amounts, delete them from the contract.
Closing Costs: are your title insurance related expenses of closing. They are :

Title Search: theoretically, the cost of generating the search of the county records.
Title Examination: theoretically, the cost of labor to review the title search.
Tile Insurance: the premium for insuring the property and the mortgage lender against title defects. The State of Florida has established the minimum rate for title insurance, which is called the "promulgated rate." This is $5.75 per $1,000.00 of insured value up to $100,000.00, $5.00 per thousand up to a million, $2.50 per thousand up to five million, and $2.25 per thousand up to ten million.

The contract often allocates these costs by stating for example seller shall furnish buyer a title abstract, which means the buyer pays for the other two, title exam and title insurance, and that the buyer's title company will bill the seller for the cost of the search. If the contract states that the seller shall provide a title insurance commitment, then the seller hires the title company and pays the search, exam, and owner's policy, and the buyer pays for the lender's title insurance and post closing title update.
In general it makes more sense for the buyer to assume the responsibility for the title insurance, as the title insurer has to work with the buyer's mortgage company. Consider factoring the additional share of the closing costs into the purchase price. The advantage of choosing the title agent yourself is to keep control of the closing, rather than risk the other party retaining an incompetent title company and jeopardize the transaction. Secondly, the party being billed by the other party's title company rarely gets a competitive price. I.e. if you are a seller responsible for the costs of a search, get a quote in advance.

Breach of Contract: as noted above, if the buyer breaches the seller may claim the deposit. If the seller breaches the buyer may sue for specific performance to force the seller to sell the property or get his deposit back. Note the comments on the effect of a Lis Pendens in the next paragraph if you are a seller contemplating breaching your sales contract.

In a breach of contract, the broker may also claim his commission. Review the contract to see if it provides for a portion of or all or the deposit to be used for the broker's commission. Florida law provides that brokers may not file a law suit against the subject property to collect their commission. You may, however, waive this right. Do not be surprised if the broker has saved you the trouble of having to waive it manually, it may already have been inserted into your "form" contract. Sellers should be aware that if a suit is filed against their property (known by the recording of a Lis Pendens, Latin for pending suit) they will not be able to sell it until the law suit is over. That will be many months at best. If you had a mortgage about to balloon, you may never get to sell your house. The broker's Lis Pendens will not stop a foreclosure.

In a breach of contract law suit, the contract usually provides that the loser pays the winner's legal fees. This is thought to act as a deterrent to filing frivolous law suits. [..cont..]