What Areas Of Real Estate Law Does Your Firm Handle?
I handle pretty much any area of real estate law. That covers both residential and commercial real estate issues. On top of that, I am a licensed Florida real estate broker. I handle anything from the creation and review of purchases and sales documents, which include deeds, mortgages, anything that has to do with the closing of any real estate transactions. I also handle real estate litigation if something goes awry for one party or the other.
What Is The Role Of an Attorney In A Real Estate Transaction?
The role of the attorney is to make sure that the client understands, when he or she is signing on closing documents, deeds, or on the lending documents. The other role is to make sure the client is protected if future claims occur once a transaction takes place in real estate. The most common things that I do, as an attorney is to make sure that all the numbers add up the way they should for either the buyer or the seller. Many times, the sales price is not exactly what the seller ends up getting, because of unexpected costs. The purchaser pays more than what is on the contract from the attorney, so we must make sure those costs in a real estate transaction are explained to the client, and that they are accurate. If they need to be changed, that is the role of your attorney.
Do You Handle Both Commercial And Residential Real Estate Transactions?
Yes, I handle both residential and commercial closings. I also handle litigation on both residential and commercial real estate issues as well.
Is It Mandatory To Retain An Attorney For A Real Estate Transaction In Florida?
In the state of Florida, you do not need to retain an attorney for real estate transactions. In some states, it is required to have an attorney do the title work and the closing. The requirement not to have one does not mean that somebody should not hire an attorney for the closing. In Florida, the title companies play a neutral role, so they cannot advocate for either the buyer or the seller in negotiations, or if a problem arises. The buyer and the seller need protection from an attorney to make sure that their documents are looked over by the attorney, and that they have an advocate, because the title company cannot act as an advocate because they are a neutral party in the transaction.
Why is It Advisable To Retain An Attorney Even For A Small Real Estate Transaction?
It is a cost benefit analysis when you retain a lawyer in any real estate transaction case. Even in small transactions, you are talking about the largest purchase that most people are going to make in a lifetime. Therefore, if there is a problem in the future, you could be talking tens of thousands of dollars or more to fix the problem. It is a small price to have an attorney from the beginning of the transaction to ensure that the client is protected. It is also worth it for many people to have peace of mind that it brings that the real estate transaction was handled correctly, even if it is a small one. Most attorneys, including myself, charge accordingly, so if it is a smaller or easier transaction, you are going to be charged less than you would if it was a highly complex real estate transaction.
What Are Some Of The Difficult Real Estate Issues That Attorneys Typically Get Involved In?
Purchases and sale of real estate is probably the most common issues, which are why you need to retain an attorney with these transactions. Prior to the purchase of real estate, some people do not feel comfortable handling negotiations, especially for real estate property, the prices are so high comparatively speaking to other things that they will either buy or sell. Probably, the most common one that I run into is lawsuits over non-disclosures of problems within the home, reviewing the contracts prior to the signing, reviewing the closing documents, and lawsuits demanding that contract terms are enforced.
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