In the post-Covid landscape, Florida offers thriving opportunities in the real estate market. In fact, the State is continuing to draw homebuyers, investors, and seasonal buyers from across the world, thanks to its robust economy, tropical climate, and wide variety of property options.
In such a dynamic and opportune market, a Florida real estate attorney plays as vital a role as a Realtor or lender. Learn why expert legal services are so imperative in every real estate transaction, and how Farshchian Law can help.
What Do Real Estate Attorneys Do in Florida? – The Essentials
Florida does not require parties in a real estate transaction to use attorneys. Yet, just because something is not mandatory, does not mean it is not strongly recommended and advantageous. Here are just some of the vital services and benefits an experienced Florida real estate attorney can provide.
Protecting Each Party’s Interests
In a real estate transaction, both buyers and sellers have a common goal in mind—to get a property under contract and close the transaction as smoothly as possible. Mutual interests aside, buying or selling a property may not be as quick and easy as it may seem, since many variables can impact the transaction at any stage.
For example, while a buyer may be more focused on maximizing their cost-benefit ration—e.g., getting the most advantageous property for the lowest possible price—a seller may be more concerned with other factors throughout the process, such as repairs and appraisals. Each party has obligations under the real estate contract and failing to fulfill them—or to hold the other party to account—could delay or even derail the whole deal.
A Florida Real Estate Attorney understands all the legal aspects of a real estate transaction under both Florida law and the purchase and sale contract. Not only will she know what to look out for to protect her client’s interests, but she can help both parties know their duties and responsibilities under the deal—keeping things running as smoothly and safely as possible.
Legally Representing a Client When Necessary
Nothing in life is perfect, and even the most seemingly simple and straightforward transactions could face a range of issues. Common problems include failing to follow contract deadlines, disputes with lenders, issues with the inspection report, breach of contract, failure to disclose issues with the property, and so much more.
This does not mean you should be wary of ever buying or selling a property in Florida. Rather, it shows that it is ideal for each side of the transaction to have legal representation at every stage of the process. This basic step—usually overlooked—may guarantee the peace of mind of everyone involved in the deal, especially to prevent problems escalating into lawsuits—or when possible, from arising in the first place.
An experienced Florida real estate attorney can also advise you on the best way to take title based on your particular needs and circumstances, and help ensure that the seller’s ownership interest is properly transferred at closing.
Preparing and Reviewing Paperwork
Any transaction involving transfer of ownership over something valuable almost certainly requires legally binding agreements. A well-drafted purchase and sale contract allows both sides to know their duties and responsibilities, thereby helping things move along smoothly—and ideally preventing a wide array of issues in the future. An expert Florida Real Estate Attorney has a vital role to play in this regard.
Although Florida Realtors may have the field experience to provide valuable insights, only licensed Florida attorneys are allowed to provide legal services in the Sunshine State. A non-exhaustive list of the critical services provided by a licensed Florida real estate attorney include:
- Reviewing all documents required in the transaction;
- Drafting valid contracts and addenda;
- Assisting with mandatory seller disclosures;
- Preparing the closing statement and conveyance documents;
- Conducting lien and title searches, and issuing title insurance;
- Providing legal advice regarding the parties’ rights and responsibilities under the purchase and sale contract;
- Negotiating on the client’s behalf; and
- Holding escrow and disbursing funds at closing.
Can Florida Real Estate Attorneys Provide Title and Escrow Services?
Another vital element to any real estate transaction is title, closing, and escrow services, which protect both parties and help ensure that the property has clear and marketable title. Florida law does not permit non-attorney title and escrow agents to provide legal advice nor perform any legal services, which would ostensibly require you to hire additional experts for your transaction.
Fortunately, it is possible to enjoy the best of both worlds by working with a law firm that is also a title and closing agent, like Farshchian Law. Our expert title and closing attorneys will perform detailed title searches to identify any issues that may render a property unmarketable. After issuing a detailed title report—and hopefully determining that the property’s past ownership is clear—the seller is then legally permitted to transfer ownership. A title attorney will also provide sound and neutral advice to help ensure that the transaction complies with all applicable legal requirements, and will also help to resolve any lien or title issues that may arise.
Likewise, our escrow agent attorneys will serve as an independent third party entrusted to hold the valuable assets or documents involved in the transaction—including the escrow deposit and the buyer’s funds to close the transaction. By fulfilling this vital function, a Florida real estate attorney will ensure both parties fulfill their legal obligations as outlined in the purchase and sale contract and as per Florida law.
Work with Farshchian Law Today
At Farshchian Law, we know how vital it is for a real estate transaction to go as smoothly and effficiently as possible. We also understand how important it is that all title and other issues are resolved clearly and definitively by the closing date. If you need an experienced Florida title and closing team who can help you with your next real estate transaction, please call us at (800) 604-1871 or or use our secure online contact form. We provide probate, title/closing services, and real estate legal services throughout the State of Florida.