The purchase and subsequent sale of your home will most likely be the largest, most important financial transactions of your life.

An attorney is best able to advise you of the contract document or of potential problems with the transaction itself and help answer or solve those problems prior to you entering into a legally binding contract.  To ensure the smooth and proper handling of such a transaction, both the purchaser and seller should consult with an attorney of their own choosing prior to the signing of a contract for the purchase and sale of a home.

CONTRACT.  Florida law requires that any transaction regarding the purchase or sale of real estate be in writing.  Generally, this writing is in the form of a formal contract negotiated between the parties.  However, any form of writing, if it contains sufficient information can constitute a legally binding contract.  Before entering into any written agreements regarding real estate, you should review the document in its entirety and make sure it incorporates all terms and conditions for the transaction.  The attorney of your choice can help you with that process.  If you are unable to consult with your attorney prior to the signing of a contract, you should sign subject to your attorney's approval, providing three (3) to five (5) days to obtain it.

Even if you have not consulted with an attorney during the contract process, you may, and should, select one to assist you to complete the transaction.  Before you actually retain an attorney, it is important that you understand the fundamental steps of a real estate transaction and how your attorney can assist you through it. 

CHOOSING YOUR ATTORNEY.  An attorney's role in real estate transactions may include consultation prior to the signing of a contract, the actual preparation of the contract or the approval of one already prepared, the examination of title and survey to the property, preparation, examination and explanation of closing documents, presiding over the closing of the transaction and supervising the post closing details.  Therefore, it is important that the attorney you hire to represent you in the purchase or sale of your home be familiar with current real estate practices in your area.

SURVEY.  When purchasing property it is recommended, and most lenders require, that a survey of the property be obtained showing the location of the residence, other structures, and fixtures (such as fences) on the property and that these are within the boundaries of the property.  An attorney can examine the survey and determine whether there are matters shown which might constitute a title problem, prior to you purchasing the property.

TITLE EXAMINATION.  As a purchaser, it is important to know that the seller of real estate has good, marketable title to the property you are purchasing.  One of the closing attorney's responsibilities is to examine the public records to determine the status of the seller's title to the property.  This examination will disclose:

(a)  whether the seller is in fact the legal owner of the property and able to sell it to you;

(b)  the presence of unrecorded mortgages, judgments or other liens which must be satisfied before clear title can be conveyed to you;

(c)  covenants, restrictions and easements affecting the property which may limit your rights even though you will own the property; and

(d)  the status of property taxes and other public or private assessments.

As a seller of property it is also important to be aware of the condition of your title to the property being sold, because it is customary for the seller to give a purchaser a warranty deed to the property upon closing of the transaction warranting title to the property to be clear.  An attorney should be able to resolve, or cure, any title defects shown in a title examination, prior to closing, avoiding any future claims concerning clear title to the property.

Owner's title insurance, customarily paid for by the seller and furnished to the purchaser, further guarantees that the purchaser is acquiring clear title to the property. 

AFTER THE CLOSING.  An attorney's job does not end at the closing.  Very often details such as ensuring that the closing documents are properly recorded in the public records, including the deed, releases of any liens relating to the seller's interest in the property and the issuance of the owner's title insurance policy extend beyond the date of closing.

Real Estate Contracts & Closings • Title Insurance
Business Law• Wills & Estate Planning

The information contained within this website is not intended as a substitute for legal advice. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. The hiring of an attorney is an important decision and should not be based solely upon advertisements. Before you decide, please ask us to send you free written information about our qualifications and experience.