Do You Need a Real Estate Attorney to Buy or Sell a Home?

For most individuals, buying or selling a home is their single investment transaction. And just like any other large financial deal, it should be done with proper legal guidance to avoid mistakes and potential legal liabilities.

Transactions that involve a real estate agent should also involve an attorney since real estate agents do not have the knowledge or expertise to assist with legal matters that often arise during a real estate closing transaction. Legal guidance is also necessary if you are involved in “For Sale By Owner” (FSBO) transaction. Dealing with the many legal details during a FSBO transaction can be extremely difficult and confusing for those without the knowledge of the specific rules and regulations that govern a property sale or purchase.

Here are some of the matters that a real estate attorney can assist with:

  • Represent your interests throughout the transaction;
  • Help you understand the legal jargon in standard purchase and sale agreements so you know your rights and obligations;
  • Prepare the proper legal documents for the sale or purchase, including deeds, bills of sale, promissory notes, mortgages, etc.;
  • Review and advise on contracts and other legal documents that are provided to you by another party to the transaction, such as purchase contracts, contract addenda; seller disclosures, etc;
  • Provide advice on vehicles for protecting assets, like establishing a limited liability company for real estate investments or a trust;
  • Negotiate the terms of the purchase and sale contract;
  • Ensure that you are in compliance with local and state laws and regulations;
  •  Help settle any disputes that may arise;
  • Advise you on your options for taking title to the property for estate planning or tax purposes;
  • Conduct a title search to ensure there are no liens or other encumbrances on the property;
  • Advise you on your best options for financing the transaction; and
  • Review all closing documents to ensure that the documents are prepared correctly.

How Farshchian Law Can Help
Farshchian Law assists both buyers and sellers with all types of real estate matters, including those involving real estate agents as well as FSBO transactions. Please call one of our experienced Florida real estate lawyers today at (800) 604-1871, or email us at We provide real estate and closing/title services throughout the State of Florida.