Real Estate & Property Law

What Does a South Florida Real Estate Attorney Do for Buyers and Sellers?

If you’re located in South Florida, and you want to get into real estate, then you’ll need an attorney to guide you through the process. Realtors aren’t able to advise you on legal matters. Instead, you’ll have to rely on a real estate attorney.

Let’s see what a South Florida real estate attorney does for buyers and sellers.

Key Take-Aways

  • Real estate agents, realtors, and title companies can’t provide legal advice other than citing requirements without interpretation.
  • Florida real estate law can be complicated and full of potholes.
  • Real estate attorneys are the only persons able to provide legal guidance and advice.
  • Navigating legal documents alone can be very stressful, which makes an attorney more critical.
  • A real estate attorney can prepare the necessary documents for you.
  • The attorney can act as an escrow agent and even represent you should you be from areas outside of Florida.

Why Do I need an Attorney in Florida for Real Estate?

Important: In Florida, only licensed attorneys are allowed to provide legal advice. These attorneys are mostly consulted by parties to help with signing contracts and ensuring everyone knows their responsibilities. A licensed attorney can also act as an escrow agent to help both parties trust each other.

Therefore, before you buy or sell, it’s best to hire an attorney to help you. You need to know your rights to prevent others from taking advantage of your ignorance. Having an expert on the law at your side will make the process smoother and safer.

Moreover, title companies cannot give you legal advice. These companies only check the records for title history, ownership, and more. They must remain neutral and not involved.

Whether you’re a buyer or seller, an attorney will help you draft the statements legally. They can also check the documents for you for mistakes or potential traps. All you need to do is cooperate with them.

Realtors, real estate agents, and title agents can cite legal requirements but not interpret them. The only exception is if they’re also a licensed real estate attorney. Because of this, you’ll need one to help you navigate the legal confusion that may arise.

What Does a Real Estate Attorney do?

Here are some of the real estate attorney’s duties and functions:

  • A real estate attorney usually starts with reviewing the contracts and negotiating on your behalf. The attorney will also make sure the buyer and seller fulfill any obligations as per the contract. This includes payments and more.
  • A real estate attorney will prepare the required documents for you. These can include include mortgage documents, title documents, and more.
  • Besides handling the documents, the attorney will also address the funds. Should a purchase be financed, they will also handle all the paperwork, such as a HUD-1 form. Any other fund transfer documentation is also under their duties. They’re legally allowed to do so.
  • Occasionally, there might be problems and disputes. These can range from lot line problems, contract breaches, and more. The attorney is the best person to mediate and solve these issues on behalf of the client. With this in mind, you’ll benefit from an attorney’s presence.

When will You need a Real Estate Attorney?

There are a few notable times that you will need the aid of a real estate attorney. These include:

  • The moment you decide to sell or buy real estate, you’ll need an attorney. You can’t do much without them helping you with the paperwork. They can also help speak to the other party’s attorneys as a third party.
  • Furthermore, the reason why you need an attorney is that all residential real estate transactions in Florida require a Purchase/Sale Contract. They can be straightforward to draw up or contain some hidden traps for the buyer or seller. Realtors themselves aren’t able to provide you with legal advice, so you’ll need an attorney to help navigate these complex documents.
  • If you have even a single doubt about your property, such as the documentation or the property you want to buy might be compromised, talk to your attorney. They will advise you on the right actions to take. These can range from ordering an inspection, double-checking documentation and more.
  • Accordingly, if you’re an out-of-town buyer, you should especially hire an attorney. You wouldn’t know much about Floridian law, and there may be requirements you don’t know about. An attorney will inform you if you missed something. You don’t want to be caught off-guard this way.

Looking for a Real Estate Attorney in Florida?

Now that you know what a Florida real estate lawyer can do for both buyers and sellers, you can go ahead with your real estate transaction. Hiring one to help you is very beneficial. When you hire one, you’re not only hiring someone to help you navigate documents but also a potential third party for processing funds.

 

Blade Offices does not physically attend the closings.  We meet with our clients, sign the documents necessary for their side of the transaction (if local), send them documents to execute for their side, and then use a currier to trade documents with the other side of the transaction.  We either prepare or review all of the documents our clients are signing.