When buying or selling property in Florida, many people are unsure whether they need to hire a real estate attorney or not. Unlike some states, the hiring of a real estate attorney is not required in the state of Florida. However, just because it is not mandatory does not mean it isn’t recommended. Understanding the role of real estate attorneys in a real estate transaction and the ways in which they represent their client is key to making an informed decision.
Why Hire a Real Estate Attorney
Buying or selling a property is a big life event and having a legal professional represent you along the way is priceless. For one of the smallest fees on your closing statement, having a real estate attorney guide you throughout the process can help you avoid any costly mistakes during an exciting, but stressful time. Here are some of the primary responsibilities of a real estate attorney:
- Review and advise on the purchase agreement and final contract
- Review and clear title issues
- Review the accuracy of the appraisals
- Review and advise on the loan terms and agreement
- Review and advise on inspection report
- Confirm all stages of the transaction are cleared properly and meeting deadlines
- Attend closing and review all final documents
- Draft documents such as rental agreements, leases, and deeds for higher priced purchases or conveyance transactions
Hiring a real estate attorney provides peace of mind in knowing your interests are properly protected, especially for first-time buyers or sellers. Attorneys not only protect your immediate interests, but also ensure all legal documents are in order to minimize future risks. They can also represent you in court if any disputes escalate.
While Florida law does not mandate the use of a real estate attorney for property transactions, hiring one can provide significant benefits. Real estate attorneys offer an extra layer of protection and expertise, particularly in complex or high stakes deals. Whether you choose to hire an attorney depends on the specifics of your transaction and your comfort level navigating the process without legal representation.
At The Law Office of Donna Hearne-Gousse, P.A., our staff is trained to guide our clients and protect their best interests. So, whether you are the buyer or the seller in a real estate transaction, our law firm can represent you from contract inception through closing.
The Law Office of Donna Hearne-Gousse
(561) 582-5670