Absolutely, in my opinion, the attorney and the broker play two separate roles in the transaction. A broker comes with the experience of real estate transactions in general, but you need an attorney to make sure that you’re covered on the legal side, that you’re meeting the deadlines and that you’ve incorporated everything into the contract that’s necessary to protect you.

Most people when they purchase a home, it’s the largest financial transaction of their lives. Title insurance ensures that no one has a claim on your property or can come back and make a claim in any way. If you’re borrowing money to purchase a property the lender is going to require that you obtain title insurance. The title insurance in general is a very good idea when purchasing property.

If you choose to try to sell your home without a real estate agent, it’s even more important to consult a real estate attorney to make sure you’re following all the proper laws and disclosures.Oftentimes, people want to save money on the commission, but oftentimes, buyers looking at for-sale-by-owners think they’re saving on commission. So, many times, you’re smart to actually employ the services of a licensed real estate agent along with a licensed real estate attorney. They can work together to help you achieve your goals.

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.

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.