Did you know that in Florida only licensed real estate attorneys are able to provide guidance regarding real estate law advice? Real estate agents and title companies are able to cite requirements but without providing any legal interpretation.
Florida law can be highly complicated and full of obstacles, so even though it is not a requirement to have an attorney as part of a real estate transaction, it is highly recommended. In addition to interpreting the law regarding a real estate transaction, what exactly does a real estate attorney do?
What Does a Real Estate Attorney Do?
You’ve just found the perfect home, or decided to sell, and your offer has been accepted. You’ve retained a real estate attorney to make the process as smooth as possible. Here are some of the functions and duties you can now expect from your attorney:
- Review the contract of sale. An attorney will review the contract of sale and negotiate on your behalf. They will also make sure the buyer and seller fulfill any obligations as per the contract, including payments.
- Review of the Lien Search and Title Insurance Policy: Both documents benefit from having an attorney’s review and confirmation to proceed.
- Preparation of documents. An attorney will prepare all required paperwork, including mortgage and title documents.
- Handling of funds: Attorneys not only handle all of the documentation but address any funds and the paperwork required for their transfer.
- Mediate/Resolve Issues: Unfortunately, not all transactions go smoothly. An attorney is the best person to mediate and solve any issues that may arise, including contract breaches, property issues, and title problems.
- Be a trusted provider. Real estate transactions can be tricky, so it’s important to have someone guide you through the process from the signing of the contract of sale through the closing.
Many people are tempted to handle their real estate transactions alone to save money, but often learn the hard way that the expertise of an attorney is invaluable. Home sales can often fall through because of lack of knowledge or due diligence and prove way more costly than an attorney fee. The key takeaways when deciding to hire legal counsel are:
- Real estate agents and title companies can’t provide legal advice; only real estate attorneys can
- Florida real estate law can be complicated and full of obstacles
- Preparing and navigating legal documents can be very stressful; the expertise of an attorney is critical
- Many attorneys can also act as escrow and title agents
Anyone looking to buy or sell real estate wants a smooth transaction and hiring an experienced real estate attorney can be integral to the process. It can also be beneficial to find an attorney that handles title, so there isn’t a need for a separate title company.
When choosing The Law Office of Donna Hearne-Gousse, P.A. for your closing, title, and escrow needs, you’ll enjoy all of the benefits associated with an attorney-based title agency at similar, and in many cases, lower costs than a standard title company will charge.
If you are in need of a real estate attorney, we welcome you to contact us for more information.
The Law Office of Donna Hearne-Gousse
Royal Palm Beach, FL