It’s a good idea to have an experienced Florida real estate attorney review your documents prior to the closing. That way if you have any questions about what a document means or whether interest rates or closing costs are correct, those items can be addressed in advance by your attorney, so on the day of closing everything can go smoothly.

If you are purchasing real estate on an as-is contract, it’s very important to have an attorney on your side and also to perform an inspection on the property. Even though you are purchasing a property as-is, a seller is still obligated to disclose all known facts that materially affect the value that are not readily observable by the buyer.

Absolutely. In Florida, there’s three different types of deeds. There’s a general warranty deed, a special warranty deed, and a quick claim deed. You use each deed in different circumstances, and it’s important to consult with a real estate attorney to know what type of deed is perfect for your situation.

Certainly, if you choose to sell your home without an agent, you will not be able to list your home in the MLS or the multiple listing service, so you will not get as much exposure to the market as you may as a for sale by owner. Also, real estate agents are working with qualified buyers that may buy your house today instead of having to wait for someone to come along as a for sale by owner.

Depending on the terms of the contract, the buyer may have the right to sue a seller for specific performance, if the seller refuses to close on the transaction. These terms are negotiated heavily during the negotiation phase of a purchase contract, and a licensed Florida attorney can assist you in making sure there are clauses in the contract to protect your interests.

Typically, a real estate broker cannot place a lien on your property when it comes to residential real estate. However, in commercial real estate, real estates brokers have the right to lien a property if you do not pay the commission. So its important to consult with an attorney to determine whether your agent has the right to lien your property for the commission.

In Florida, the law does permit a real estate broker to act as a transaction broker, essentially representing both the buyer and the seller. In these situations it’s critical that a party retains the services of an experienced real estate attorney to make sure that their best interests are being represented.

Typically, the closing is performed by a third party such as a licensed Florida real estate attorney or a title company. The closing agent makes sure all the expenses of sale are paid, that the proper prorations are done, records all the legal documents, and then distributes the moneys at the end of the closing.

Most real estate contracts in Florida provide that occupancy will be granted at closing, but a real estate contract could say that the seller could reside in the property for a period of time following closing. It’s important to know what’s in the contract you’re signing and to consult a licensed Florida attorney if you have any questions about closing, or whether the seller can stay after closing.

There’s no right of recision in the state of Florida after a real estate closing. The only time you may have a right of recision is when you’re refinancing or getting a second mortgage on a property, you typically have a three day right of recision but in a typical real estate purchase once you close the transaction is through and you cannot rescind the agreement after closing.