Buying / Selling A Home

How Do I Choose An Attorney

It’s important to review an attorney’s experience and qualifications in the area which you’re intending to hire them. For instance, if you’re looking for a residential real estate attorney, have they been involved in a lot of real estate deals? What experience do they have with real estate litigation? It’s also a good idea to have someone you’re compatible with personality wise. The attorney-client relationship is very important, and attorney and client must trust each other to come up with the best outcome.

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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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Can A Real Estate Broker Place A Lien On My Property

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.

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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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Can I Rescind A Purchase Of Real Estate 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.

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Can I Sign All The Papers In Advance And Mail Them To The Closing Or Have My Attorney Take Them To The Closing

Typically, as a seller of real estate in Florida, you can sign most of the documents in advance in your attorney’s office or by mail or federal express. On the buyer’s side, typically the documents are date sensitive, so the note and the mortgage typically must be signed on the day of closing.

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Can Someone Go To The Closing For Me

In the case where you cannot attend closing, a real estate attorney can prepare what’s called specific power of attorney specific to that real estate transaction that will typically let … The lender will permit power of attorney or an agent to act on your behalf if for some reason you can’t attend the closing. These documents must be prepared well in advance before closing, so if you think that you may not be able to attend closing, it’s important to address that situation upfront.

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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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