Real Estate Transactions: How to Protect Your Rights When Buying and Selling Property

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Buying or selling real property is one of the largest investments that most homeowners and business owners make. Florida has one of the hottest real estate markets in the country. According to the latest data from Zillow, the median home price in the state is now $377,706, and the median home that is for sale goes pending in just 31 days. Commercial property is even more expensive. 

Whether you are buying property or selling property, it is imperative that you take the proper steps to protect your rights and your interests. At Jacqueline A. Salcines, PA, our team works hand-in-hand with buyers and sellers through real estate transactions. Here, our Coral Gables real estate law attorney highlights key things to know about buying and selling property in Florida.  

Do the Research: Make Sure Clarify Your Goals and Know the Market 

As there is a lot on the line with a residential or commercial real estate transaction, it is crucial that you do your research—and this requires having a clear understanding of your goals. Familiarize yourself with the local real estate market by reviewing recent sales, comparable properties, and market trends. Doing so will put you in the best possible position to make informed decisions and set your expectations. Research is important for both buyers and sellers. Key considerations include location, property type, budget, and potential return on investment. By clarifying your goals and having a solid grasp of the market, you can best navigate real estate transactions. 

Seek Professional Guidance and Support 

You do not have to figure everything out on your own. Both residential real estate transactions and commercial real estate transactions can be complex. Seeking professional guidance and support provides much-needed protection. A South Florida real estate lawyer who has a deep knowledge of the law and a comprehensive understanding of the local market can make a big difference. An attorney’s expertise can guide you through the negotiation process, provide insights into market conditions, and ensure compliance with legal requirements. 

Know the Importance of the Contract (Carefully Review the Language)

With real estate transactions, the contract is everything. Do not go by verbal representations. Whether you are a buyer or a seller, you need to review (and understand) the contract language. If any sort of legal dispute or other issue arises, the contract will be used to resolve the matter. A real estate purchase agreement should outline the terms and conditions agreed upon by both parties. 

To safeguard your rights, it is imperative to carefully review the language and ensure you understand each provision. Pay particular attention to clauses related to contingencies, disclosures, deadlines, and penalties. Consult with a real estate attorney if necessary to clarify any ambiguous terms and negotiate changes if needed. A well-drafted and thoroughly reviewed contract will not only reduce the risk of problems, but it will also help to protect your rights if any arise. 

Three Key Tips for Homebuyers in Florida

With picturesque beaches and great weather, South Florida attracts homebuyers from across the country. Whether you are a local or you are moving to the state, you must act to protect your rights and interests when buying property. Here are three tips for homebuyers in Florida.

  • Know How to Effectively Use Contingency Periods: Contingency periods are an important part of any real estate transaction for buyers. During this time, the buyer can conduct inspections, appraisals, and other due diligence activities. In Florida, contingency periods can vary in length. You should refer to any agreement to clarify the deadline. 
  • Make Sure You Have a Full Understanding of the Costs: Cost matters. Beyond the purchase prices, costs include closing, property taxes, and insurance. It is essential to have a full understanding of these costs before making a final offer on a home in South Florida. You should also factor in the cost of any repairs or renovations that may be necessary.
  • Do Your Due Diligence (Inspection): You need to know what you are buying as it is represented. It is essential to have a thorough inspection of the property before closing. You should also research the neighborhood and surrounding areas to ensure that the property is in a safe and desirable location.

Three Key Tips for Homesellers in Florida

If you are planning to sell your home in Florida, there are several factors that you should keep in mind to ensure that you get the best possible price for your property and to avoid any potential legal headaches down the road. Here are three key tips for sellers in Florida. 

  • Know the Value of Your Property: A critical factor in selling your home is to know its value. Conduct a thorough analysis of the current market conditions, including things like recent sales of similar properties in your area. Knowledge is power. 
  • Be Sure to Meet All Disclosure Requirements: In Florida, sellers are required to disclose any known defects or issues with the property to potential buyers. Failure to do so could be a very serious problem, you could even be held legally liable for the damages sustained by a buyer. Compliance with residential disclosure requirements is a must.
  • Ensure the Purchase Contract is Pristine: The purchase contract is the core legal document that specifies the terms of the sale. Be sure that the contract is clear, concise, and free of any errors. A seemingly small mistake could cost a home seller thousands of dollars in the long run. You should consult with a Florida real estate attorney to ensure that the contract is legally sound and in your best interests. 

Speak to Our Florida Real Estate Transactions Lawyer Today

At Jacqueline A. Salcines, PA, our Florida real estate transactions attorney provides the solutions-first legal guidance and support that you can trust. We protect the rights of buyers and sellers in real estate transactions. Call us now at 305-669-5280 or contact us online for a fully private case review. With a legal office in Coral Gables, our firm serves real estate buyers and real estate sellers in Miami-Dade County and throughout all of Southeastern Florida. 

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Five Things You Need to Know About the Real Estate Closing Process

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Real estate is one of the most important industries in the United States. The Congressional Research Service (CRS) estimates that this sector of the economy makes up nearly 12% of our nation’s gross domestic product (GDP). For many people, a real estate purchase (or real estate sale) is one of the most consequential transactions that they will ever make. 

Whether you are buying or selling residential or commercial property, it is crucial that you have an understanding of the real estate closing process. At Jacqueline A. Salcines, PA, we represent buyers, sellers, lenders, borrowers, developers, and brokers. Here, our Coral Gables real estate attorney highlights five key things that you need to know about the real estate closing process in Florida. 

  1. A Real Estate Closing is the Final Step in the Buying and Selling Process

To start, it is important to understand that a real estate closing is the final step in a transaction for the buying/selling of real property. The Legal Information Institute defines a real estate closing as the culmination of a deal and the moment “when the parties exchange deeds for payment and final signatures.” In other words, a real estate closing is the formal part of the process whereby the ownership of the property is transferred from the seller to the buyer. Most notably, a real estate closing is when the buyer pays the purchase price, and the seller officially transfers the property’s ownership to the buyer. Until a deal is “closed,” it is not done. Terms can change—and the transaction could potentially still be called off. It is important to get the closing right. 

  1. Funds are Protected Within an Escrow Account

Once an initial agreement to purchase real estate is reached, the buyer will generally put down some money as a deposit. You may hear these funds referred to simply as earnest deposit money. These funds are used to “hold” the property while the deal is going through the closing process. 

Where does this money go? It is typically held in escrow. An escrow account is set up by a neutral third party, known as an escrow agent, to hold the funds for the purchase of the property until the closing. The escrow agent acts as a neutral intermediary and ensures that the funds are disbursed correctly at the time of closing.

As explained by the Consumer Financial Protection Bureau (CFPB), escrow is legally required for certain types of mortgage transactions. Though even when not required, escrow accounts are still used in virtually all residential and commercial real estate transactions. If you have any questions about escrow, an experienced Florida real estate closing lawyer can help. 

  1. A Title Search and Title Insurance are Key Parts of a Real Estate Closing for Buyers

How do you know who owns real estate? How do you know that the property in question is free and clear of any potential claims? This is where a title search comes into play. For homebuyers and commercial property buyers in Florida, a title search is a critically important aspect of the closing process. Among other things, a title search involves researching the history of the property to ensure that the seller has the legal right to sell the property. All buyers should consult with a Florida real estate closing lawyer who has experience with a title search. Title insurance is also important. Simply put, title insurance is a form of coverage that protects the buyer from any potential claims or disputes that may arise from the title of the property.

  1. The Timeline of the Real Estate Closing Process Varies Based on Several Factors 

One of the most common questions that people have about real estate transactions in Florida is: How long does the real estate closing process typically take? The most accurate answer is that it depends on a wide range of different factors, including the complexity of the transaction, the type of property, and the availability of all parties involved. For residential real estate in South Florida, a general timeline for a real estate closing is 30 to 60 days. In other words, it typically takes somewhere between one month and two months from the date an agreement is reached until a residential real estate transaction is finalized (closed). Commercial real estate closings typically, but not always, take a bit longer to close. 

  1. Get it Right: Residential/Commercial Transactions Can Fall Apart Until the Last Minute

One of the most important things to remember about real estate closings is that the transaction is not done until the closing is complete. Even when an agreement has been reached, and all parties are on good terms, many different issues can still arise. Indeed, it is not uncommon for things to go wrong in a real estate transaction between the agreement and the actual closing. 

It is essential for buyers, sellers, and other implicated parties to review all documents and be aware of any contingencies that could potentially disrupt the closing process. Even in the last stages of the process, it is important to be vigilant to ensure that the transaction goes smoothly. You do not have to go it alone. A Florida real estate lawyer with experience handling title issues and real estate closings can help you navigate the process and ensure that your rights and your interests are protected each and every step of the way. 

Contact Our Coral Gables, FL, Real Estate Closing Lawyer Today

At Jacqueline A. Salcines, PA, our Florida real estate lawyers are committed to representing buyers, sellers, lenders, borrowers, developers, and brokers with a comprehensive range of real estate and title needs. If you have any questions about real estate closings, we are here to help. Call us at 305-669-5280 or send us a direct message for a confidential consultation. From our Coral Gables law office, we are well-positioned to handle real estate closings throughout Southeast Florida. 

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Real Estate Lawyer Near Me

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We service all your real estate needs in the entire State of Florida. We are your “real estate lawyer near me”.

As a buyer or seller of real estate in Florida, it is never prudent to rely on a real estate agent or broker to handle your real estate transaction. Realtors are excellent at what they do, which is bringing buyers and sellers together. However, when it comes to giving advice regarding a Real Estate Contract, the did not attend law school and are not experts in contract law. It always makes sense to hire a real estate lawyer to protect you every step of the way. What you pay is nominal for peace of mind.

What can you expect to pay a real estate lawyer? Depends on the transaction. Fees generally start at $450.00 and depending on the scope of work, whether you need an As Is Contract for Sale and Purchase prepared, title work, lien search, etc.

Always hire a real estate lawyer near me to protect your interest.

LAW OFFICES OF JACQUELINE SALCINES

706 S. Dixie Highway Second Floor Coral Gables FL 33146

J.Salcines@salcineslaw.com

(305) 669 5280

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YOUR ON CALL LAWYER

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DESPITE UNPRECEDENTED TIMES, LEGAL ISSUES AND REAL ESTATE DOES NOT TAKE A REST. CALL US ANY TIME DAY OR NIGHT FOR A FREE PHONE OR FACETIME CONSULTATION.
ATTORNEY JACQUELINE SALCINES 305 669 5280
OR BY EMAIL: J.SALCINES@SALCINESLAW.COM
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