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.

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.

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.