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.

Once your divorce is finalized, it’s important to meet with an experienced Florida real estate attorney to have a deed prepared to remove one of the spouses’ names from the home. Many times people will wait until they sell or refinance the house and then realize that they’ve never taken that extra step to have their former spouse’s name removed from the home.

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.

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.

Most real estate contracts have a provision that the seller will keep the property in the same condition until closing, except for normal wear and tear. If the change is what would be considered by most to be normal wear and tear, then the seller has no obligation to make any repairs. If the defect discovered is beyond what would be considered normal wear and tear, then the seller may have an obligation to make that repair prior to closing.

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.