Buying / Selling A Home

Do I Need Title Insurance

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.

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Do I Need To Read All Of The Documents At Closing

It’s a good idea to have an experienced Florida real estate attorney review your documents prior to the closing. That way if you have any questions about what a document means or whether interest rates or closing costs are correct, those items can be addressed in advance by your attorney, so on the day of closing everything can go smoothly.

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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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Are There Different Types Of Deeds And Why Should I Care

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.

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Are There Disadvantages To Selling My Home Without An Agent

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.

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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 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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