Do I need to have a lawyer to buy or sell a home in Florida
Short Answer: NO. Smart Answer: YES.
While Florida is one of the few states that do not require you to hire a real estate lawyer to buy or sell real estate or a home in Florida, buying or selling a home is governed by contract law and requires title examinations to make sure title is clear. Is this something you want to leave in the hands of a title agent that is not an attorney? Or to a realtor that has no legal training?
Realtors are great and quick to refer you to their “title company” who can examine title and issue title insurance, but again, in Florida, a title agent can take a quick course, is not required to be a lawyer, is going to charge you the same as a lawyer, and does not represent you. Yes, does not represent you. A title company has to act as a neutral party for the buyer and the seller and if anything goes wrong, they will advise you to hire a lawyer.
Doesn’t it make sense, given all this, given the complexities of contract law, given our expertise in contracts, and given our level of experience, to hire a lawyer?
That’s where we come in! And why our identifying slogan, NEVER CLOSE ALONE, was created.
In a closing, you will likely be responsible for a range of fees, a range of responsibilities plus be bombarded with deadlines, and inspection reports, and lender emails with documents, and wonder who is helping me and who is looking after me any my interests?
At SalcinesLaw we represent buyers and sellers in all phases of real estate transactions, from negotiating and drafting contracts, including making sure it includes language to protect you and your particular transaction, performing title searches, handling the closing and all disbursements at closing.
We offer our clients sound and expert legal counsel to our clients in both residential and commercial real estate deals of all sizes. Reach out to our law firm today to schedule a consultation with a member of our legal team.
Are You Required to Have a Lawyer to Buy or Sell a Home in Florida?
Under Florida law, you are not required to have a real estate attorney for residential real estate transactions. A buyer or seller can legally buy a house, apartment, townhouse, or condo in the state of Florida without ever consulting a lawyer for legal advice. However, if you elect not to hire a lawyer and anything goes wrong, then you have nobody looking after your interests.
Why You Should Have a Lawyer to Buy or Sell a Home
Electing to hire a real estate lawyer means you have someone holding your hand, preparing your contract prior to signing, making sure the contract protects your interests and all your particular n nuances, and then once you sign, as your lawyer, we do the following:
- Act as your liaison between you and your lender, reviewing all documents they are asking you to sign and making sure nothing is charged over what is quoted;
- Examine title and make sure that any title clouds are removed and resolved prior to closing.
- Request a lien search and make sure there are no open permits, violations or any other matter that is not on title but still passes with title to the new buyer;
- Request an association estoppel in order to determine if any amounts are owed by the seller to the association, if there are any violations and collecting any assessments that are due at the closing statement, charged to the seller
- Request a survey to examine the property boundary and encroachments that pass with the land
- Make sure all deadlines are met or deadlines extended
- Review your inspection report and negotiate any credits on your behalf or cancel the contract if required.
- Review the Appraisal report and negotiate any credits on your behalf or cancel the contract if required.
- Hold your deposit and make sure it is never at risk
- Prepare the closing statement and collect all amounts at closing and make all disbursements at closing.
- Collect the accurate tax credits from seller at closing
- Prepare all seller documents including the warranty deed, bill of sale and all documents to make sure you are protected at closing.
- Record all documents on the date of closing so your title and mortgage are properly recorded.
At SalcinesLaw, as your Florida title attorney we perform all of these acts to make sure your real estate closing transaction is a smooth one.
The bottom line: while you aren’t required to hire a lawyer to buy or sell a house in Florida, it is the smartest decision you can make.
Buying or selling a house is usually one of the largest deals individuals make, and can involve hundreds of thousands or even millions of dollars. The best way to protect yourself and reduce the likelihood of any problems arising is by working with an experienced Florida real estate lawyer.
How Salcines Law Can Help
Whether you’re listing your house for sale or looking to purchase a home, real estate deals can be stressful. Having a seasoned attorney by your side can help to minimize your anxiety and make the process as smooth as possible. From the initial contract to the recording of the deed, your attorney will represent your best interests.
Based in Coral Gables, SalcinesLaw represents buyers and sellers in transactions throughout South Florida. We have significant experience in all types of real estate deals, including residential and commercial properties. To learn more or to schedule a consultation with a Florida real estate lawyer, give us a call at 305-669-5280