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Miami Real Estate Lawyer

Multiple legal issues often arise during the buying or selling process of a property—DON’T GO IT ALONE! Not only must you ensure all your legal documents and contracts are in order, but you may also require support from legal counsel if you face a dispute—whether it involves failure to disclose property issues or concerns over boundaries. A Miami real estate lawyer will guide you through the process, protect your rights at every stage, and advocate on your behalf during disputes. Consulting an attorney early in the process significantly increases your chances of a favorable outcome.

The Role of a Real Estate Attorney

People in Miami may seek the assistance of a real estate lawyer for a variety of reasons.

Contract Review and Representation at Closing

A real estate lawyer’s role in a closing is to review, prepare, and provide the real estate contract, which is typically the FAR/BAR “As Is” Contract for Sale and Purchase. Once the contract is prepared and signed, a real estate lawyer will make sure it complies with all laws, and that all mandatory forms are included, so that the buyer or seller is protected every step of the way when buying or selling real estate. A real estate attorney is here to make sure all relevant and required documents are prepared and the contract is prepared on a client’s behalf, containing all the necessary clauses to protect their interests and investments. Many real estate agents will use boilerplate contracts that do not fully address an individual’s needs. That’s where a lawyer with legal expertise comes in – to draft the contracts and agreements for their clients that protect their rights and interests as well as their investment.

Title Review, Title Examination, and Title Insurance

A real estate attorney who is a title agent is also equipped to review a property’s title to determine whether there are any liens, judgments, or other matters that need to be addressed or cured when buying or selling real estate. Florida is one of the few states that does not require a title agent to be a real estate attorney. So, by having a real estate attorney who is both, a buyer and seller are better protected and represented in their closing, so they can close with confidence and peace of mind.

Seller Representation and Document Preparation

A real estate lawyer representing a seller will often take up the role of preparing all of the seller’s documents for closing, including a warranty deed and bill of sale. Beyond just document preparation, however, the real estate lawyer is also there to make sure any mortgage payoffs are requested and provided, association dues are properly accounted for, and that the closing statement with all of the seller’s closing costs is accurately prepared so that the seller is not overcharged or charged for an item that, per the contract, should be paid for by the buyer. As real estate lawyers, we go to law school to study contracts, and by knowing the ins and outs of them, including negotiating them for the seller, our clients are best protected and have peace of mind.

Real Estate Litigation and Mediation

Sometimes, contracts and transactions go awry, whether during the inspection period, with the financing of a deal, or due to a buyer or seller breach. A real estate attorney is able to represent the parties in either filing a lawsuit or attending a mediation in order to resolve the matter before having to file a lawsuit. If a lawsuit is required, however, by hiring a real estate lawyer who is well-versed in contract law, you have your main ally.

Removal Actions – Landlord Tenant Evictions/Unlawful Detainers and Ejectment Actions

A real estate lawyer who is well-versed in real estate law is also equipped to handle the removal of unwanted persons and individuals from a property. Whether an eviction is required to remove a tenant under the terms of a written or oral lease, or an ejectment to remove an unwanted family member or acquaintance, these actions go through the courts and are best handled by a real estate attorney knowledgeable in contract law and litigation. Often, these matters settle prior to trial, and it takes a real estate lawyer who is both knowledgeable and holds the required expertise in the litigation field, to get these real property matters resolved as quickly as possible.

Partitions

A real estate lawyer can also handle a partition action, which is a lawsuit that is filed when two or more people own property together and one no longer wants to keep it. By filing this type of lawsuit, a partition action petitions the court to have the property appraised and sold with a realtor in order to then distribute the proceeds between the parties. If one party paid the taxes or mortgage, the real estate attorney would then have a hearing in order to request that the setoffs be recuperated by their client.

Foreclosures

In the event of a foreclosure, an attorney could ensure the property owner’s rights are upheld throughout the process and help them understand what steps to take. Whether you are the mortgage holder and want to initiate the foreclosure against the homeowner or you are the borrower and are being sued by the mortgage company, a real estate attorney who is well versed in foreclosure law, understands the ins and outs of mortgages, what to look for to make sure they are collectible, and how to proceed in the best way to protect the client in court.

What Clients Say About Us
South Florida Miami Attorney Jacqueline A. Salcines, Esq.
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Immensely grateful to Ms Salcines for helping me dismiss my cases. She was very knowledgeable, dedicated, and above all professional throughout my entire case ...Read More

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Matt Coll
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They demonstrated exceptional professionalism throughout my case, providing clear and comprehensive legal guidance. Their prompt responses and attention to detail made the entire process ...Read More

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Jimena Menendez
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Jackie is an excellent attorney. She is an amazing professional and is always willing to help. Super recommended for Business and Real Estate.

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Adriana Gomez
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Jackie was tremendously helpful and very generous with her time to answer questions about our landlord’s responsibilities. She was very knowledgeable about Florida real ...Read More

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We had a great experience with Salcines Law Firm. Ms. Salcines was professional, friendly, on task, and responded to our questions and concerns on ...Read More

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M Fulcher
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JULIO FERNANDEZ
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The best law firm in all south Florida. Jackie is extremely knowledgeable and professional. She is very helpful and caring. I feel so blessed ...Read More

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NEILYS BETANCOURT
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Kinga Szabo
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Yospa Abin
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Nurse 4 Life

Understanding Buyer and Seller Rights During Property Closing

Both buyers and sellers have specific rights when closing on a property. The buyer has the right to take possession of the property by a pre-determined date, while the seller has the right to receive the proceeds of the sale. The buyer also has the right to inspect the property, receive the deed, and access the property after closing, even if the official property transfer has not occurred yet. The seller, on the other hand, has the right to request a reasonable move-out time. A real estate lawyer could help both buyers and sellers in Miami understand their rights and protect them at every stage.—DON’T GO IT ALONE!

At Jacqueline A. Salcines, PA, all closings are handled personally by an attorney, ensuring careful attention to detail to protect a person’s interests.

In the News

Stay informed with the latest legal updates and insights – check out our blogs and news.

Call a Miami Real Estate Attorney Today

Whether you are dealing with a property dispute or you are buying or selling a property and want to make sure that your rights are respected, enlisting the help of a Miami real estate lawyer can be invaluable. Get in touch with the legal team at Jacqueline A. Salcines, PA today to learn more about how we may assist you.