In the State of Florida, it is not mandatory for the buyer or the seller to hire a real estate attorney for the closing of the sale of residential real property. Many operations are conducted through negotiations between the parties; real estate agents, and the involvement of a title company. However, real estate transactions are important and complex investments, and, in most cases, one of the most important purchases for an individual or family. Accordingly, it is essential, either as a buyer or seller, to be advised by qualified professionals who will only defend the interest of their client to negotiate the best conditions of the contracts and the overall transaction.
In many cases, complications, issues or questions arise that can end up exposing the parties to risks or higher costs, making it safer and more convenient to have legal advice by a real estate attorney in Florida from the outset.
Real estate transactions for the purchase of a residential property require the preparation of many documents, including, a contract for sale, a deed, a closing statement detailing all costs of the purchase, certificates, and research on the property’s title history. While some of these documents may not need to be to be drafted by a Florida real estate attorney, realtors cannot ultimately provide legal advice; thus hiring a Florida real estate lawyer may offer buyers and sellers more security in the transaction.
The main document for the sale is the contract. It specifies, among others, all terms and conditions of the transaction, including, price, payment terms, financial obligations, deadlines, relevant dates, and the seller and buyer’s duties and responsibilities. As stated above, while realtors may be able to assist in completing certain contracts, they are not allowed to offer legal advice unless they are also lawyers. Only attorneys licensed in Florida can provide legal services and advice in Florida.
In addition to real estate agents, title insurance companies are likely also involved in the purchase and sale of residential property. Title companies are dedicated to investigating the records and title of a property to ensure that the seller has the legal right to transfer ownership, and title to the property is free and clear of potential defects. Accordingly, the search performed by title companies can uncover problems with legal ramifications such as judgments, liens or other claims to the property. Title companies are also prohibited from giving legal advice; thus hiring a Florida real estate lawyer may offer buyers and sellers additional comfort during the transaction. In Florida, some real estate attorneys may be able to provide title services for the closing of your property.
In short, the purchase and sale of a residential property is often one of the biggest transactions in the life of a person and its family. The cost of hiring a real estate lawyer in Florida to guide the buyer or seller throughout the process, defend their interests, assist in negotiations, and advise them as it may be necessary, may be negligible in the overall operation and would provide peace of mind against many great risks which might not be evident to the buyer or seller themselves.
If you are considering buying or selling a residential property, Apfelbaum Law has real estate attorneys who can provide you with comprehensive advice so you can make your investment with confidence and support.
Nico Apfelbaum, Esq. is the managing attorney of Apfelbaum Law, a Florida law firm serving Port St. Lucie, Stuart, the Treasure Coast and assisting clients with matters throughout Florida. Apfelbaum Law provides a wide variety of legal services, including, family law, divorces, business and contract transactions and litigation, immigration, wills and estate planning, probate law, and real estate law. If you are considering buying or selling a residential property, Apfelbaum Law has real estate attorneys who can provide you with comprehensive advice so you can make your investment with confidence and support. The attorneys of Apfelbaum Law will answer your questions, explain your options, and provide you with the tools and resources you need to make an informed decision.