Buying A Home

How Do I Find Out If I Am Getting Good Title

It’s important when purchasing real estate that you have a title search done. This is something that an experienced Florida real estate attorney can do or a title company. Essentially, they’re going to research the history of the property to make sure there are no claims on the property or anything that could cloud the title. You can also have the option of purchasing a title insurance policy, which will insure you up to the purchase price that there are no claims on your property from any past mortgage or lien holders.

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Do Both Spouses Need To Be At The 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.

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Are There Any Special Considerations When You Are Buying A Home From A Builder

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.

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Can A Buyer Sue A Seller For Backing Out Of The Contract

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.

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Can A Real Estate Broker Represent Both The Seller And The Buyer Of The Subject Property

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.

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Can I Do The Closing By Myself

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.

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Can I Move Into My House Immediately After 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.

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