Experienced Guidance For Real Estate Closings & Title Services

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Florida real estate: When do I need a lawyer?

On Behalf of | Jan 31, 2019 | Real Estate Transactions |

Whether buying or selling property in Florida, there are certain situations that call for the legal assistance an attorney can provide. The following post breaks down the real estate sale process, noting the benefit an attorney can provide before, during and even after the closing process.

Before the purchase: The benefits of legal counsel are apparent even before purchasing the property. An attorney can help with four main issues before buyers and sellers meet to close on a property. These include drafting the purchase agreement, reviewing the brokerage agreement, searching the title for any hindrances and discussing the implication of zoning laws.

Although tempting to use one of the boilerplate, prewritten, fill-in-the-blank documents that are readily available, it is often best to get the purchase agreement tailored specifically to your transaction. It is wise to have any attorney review the document when the other party is adamant about the use of a premade form. Your legal counsel can explain the provisions and edit the document as necessary. This is especially important if one party to the transaction is a trust or business entity.

During closing: An attorney can review and explain closing costs, mortgage paperwork and the transfer of the deed to the property during closing. Your lawyer can also gather needed paperwork and complete any filing needed at the state or local level.

After closing: Buyers and sellers can face legal battles after the property is transferred into new ownership. The buyer may contend a seller should have disclosed a discovered defect or hazardous waste.