When you purchase real estate in Florida, you’re going to have a purchase contract between you and the other party. It’s important that you have an experienced real estate attorney draft this contract, or at a very minimum review the contract to explain to you what the contingencies are in the contract. Contingencies are things that have to occur for the purchase to move forward. For instance, you may have a financing contingency so that you can borrow money to buy the house. And then if you can’t borrow the money, you won’t have to purchase the home. There could be an inspection contingency to make sure that the house is exactly what you’re bargaining for. The important thing to realize is that this needs to be done on the front end. It needs to be done when the contract is being drafted, and an experienced attorney can help you put in those contingencies for your protection.

It is very important to have an experienced real estate agent and experienced real estate attorney on your side when you’re purchasing a home from a builder. Builders draft contracts that are heavily slanted in their favor. Oftentimes, it can limit the number of inspections you can do, and definitely is going to limit your rights if the builder breaches the contract. It’s definitely a good idea to retain the services of an experienced real estate attorney to review any builder contract prior to going under contract with that builder.

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.

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.

In Florida, it’s important to consult with an experienced real estate attorney when you’re selling a home. In Florida, we have very special homestead protection laws that you cannot sell your primary residence, mortgage your primary residence or will away your primary residence without your spouse’s consent. So it’s important to know on the front end, even if the house is only in one spouse’s name, there are many times where the other spouse has to sign off on the deed at closing.