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.
Explore how we could assist you with your real estate, debt settlement, and business law needs – check out our practice areas.
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.
Salcines Law did an amazing job helping my dad. The lawyer was very kind and my dad feels much better after being assisted. They work very professionally and helped him very quickly. 5-star quality!!
I got into a car accident a few months ago and hired Jacqueline Salcines as my lawyer. I am from New Jersey and wasn't sure how things work in the state of Florida, but she walked me through everything. She handled my case very professionally and I couldn't have asked for a better lawyer! I 100% recommend her!
I would like to thank Jacqueline for her dedication and absolute professionalism in handling our case, her diligence and expertise through the entire process was incredible. She’s not just an excellent lawyer; she’s also an incredible advocate. Jacqueline made the entire legal process smooth by always keeping me informed. She went above and beyond to ensure a successful outcome.
I am so lucky to have found Jacqueline Salcines' office through the internet. My husband and I are "old fashioned" people and we like to discuss in person any important matter. We set an appointment with the attorney and she listen to every concern we had and gave us advise and strategies to follow.(Our case was a tenants eviction). On the other hand she made her own strategies to resolve our problem and she did it in short period of time successfully. We are so thankful for it :) I have to mention with special gratitude her legal assistant Jailene who help us throughout the whole process with a lot of patience and care. Her personality is amazing! You are The Best Team In town! Thank you for a positive experience.
Immensely grateful to Ms Salcines for helping me dismiss my cases. She was very knowledgeable, dedicated, and above all professional throughout my entire case and kept me at ease. I definitely will hire again for any future needs and would recommended to anyone looking for a reputable attorney. Very appreciative for everything she did for me.
They demonstrated exceptional professionalism throughout my case, providing clear and comprehensive legal guidance. Their prompt responses and attention to detail made the entire process seamless and stress-free. I highly recommend their services for anyone seeking expert legal assistance.
Jackie is an excellent attorney. She is an amazing professional and is always willing to help. Super recommended for Business and Real Estate.
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 estate law. Thank you!
We had a great experience with Salcines Law Firm. Ms. Salcines was professional, friendly, on task, and responded to our questions and concerns on a timely manner. We will definitely use her services again for any future issues. We highly recommend her services.
Our experience with Jacqueline and her firm has been amazing. We were really worried about our current situation, where our Property Management company wasn't negotiating in good faith and was trying to pull the wool over our eyes. In my initial conversation with jacqueline, I immediately felt relief. She displayed a very professional confidence and outlined exactly what the facts were and what needed to be done. I would definitely recommend working with her and her team.
I was referred to Jacqueline by others who had experienced success engaging her as their attorney with their challenges. Well, now after the fact, I have become one of those others too! Immediately, from the outset of our initial meeting, Jacqueline provided me the comfort and an expected realistic outcome that my case would be resolved favorably. My case was not easy. When my case hit an unexpected snag toward its conclusion, Jacqueline resourcefully changed the direction of her strategy. Then suddenly and satisfactorily, my issue converted itself into a non-issue. Thank you again Jacquline!
The best law firm in all south Florida. Jackie is extremely knowledgeable and professional. She is very helpful and caring. I feel so blessed to have found her and her firm.
Ms. Salcines was my attorney for my prenup, and I couldn't be more satisfied with her service. She was always available to answer my questions and provided exceptional support throughout the process. Her kindness and helpful personality made everything so easy, and I am truly grateful to have found her.
A big thank you to attorney Salcines. She was with us all the way. She had great communication and kept us in the loop the whole time. I would highly recommend her.
Former landlord was trying to screw me out of my security deposit like most crooked businesses in Miami do. Ms Salcines got me nearly all of it within a couple of weeks! Her staff is very nice and friendly but they don't pay attention to communication like email. I had repeat my message multiple times to make sure they understood my issue. But generally great experience.
I wanted to extend my heartfelt thanks for all your help throughout the process of closing on my first property. Your expertise and guidance were invaluable, and I truly appreciate the effort you put into ensuring everything went smoothly. I am grateful for your patience in explaining each step of the legal process and for promptly addressing any concerns I had along the way. Your professionalism and dedication made a significant difference, and I couldn't have asked for a better experience. Thank you to you and your entire team so much for your outstanding service. I look forward to working with you again in the future.
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.
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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.
Jacqueline A. Salcines
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Jacqueline A. Salcines
