Why Hire an Attorney When Buying or Selling a Home in Florida?

Ernest W. Sturges, Jr. • April 13, 2023

Buying or selling a home, for most people, is one of the largest financial transactions they will ever make. Having an experienced real estate attorney on your side for a life-changing transaction protects you and your family, and also provides peace-of-mind. An experienced real estate attorney will assist you from making costly mistakes, all the way from the drafting of your initial sales contract all the way through closing.


How Exactly Will a Real Estate Attorney Help Me?


The highly experienced real estate attorneys at Goldman, Tiseo & Sturges, P.A. will advise you at every turn of your real estate transaction. We represent buyers, sellers, and lenders. While the State of Florida does not require the hiring of an attorney to assist with a real estate transaction, an experienced real estate attorney will protect you from unforeseen issues that may arise during your real estate transaction. Hiring an experienced real estate attorney early in the transaction process protects you from beginning to end. Oftentimes, people seek the assistance of a real estate attorney AFTER a contract is signed or a problem arises – when the hiring of an experienced real estate attorney at the start of the transaction likely would have avoid the problem from ever arising.  For most transactions, the cost of retaining a real estate lawyer to guide you through the transaction is less than 1% of the purchase price.


The Role of Your Real Estate Lawyers vs. the Role of Real Estate/Closing Agents:

 

Simply put, your real estate attorney’s only job is looking out for you and your interests. A realtor or closing agent’s job is to close a real estate transaction.

Problems an Experienced Real Estate Attorney Can Help You Avoid

 

Having an iron-clad contract in place


Realtors can certainly assist buyers and sellers with filling out form and template real estate contracts. However, an experienced real estate attorney can assist with more complex contracts, or providing contingencies within your contract should otherwise unforeseen circumstances arise which were outside your control. Additionally, form contracts can be filled in using language that is vague or confusing, which can cause substantial headaches for all parties later in the transaction. Experienced real estate attorneys will ensure all contract language is clear and unambiguous, so all parties clearly understand what their obligations are under their real estate contract.


Timing your closing


Closing deadlines can be affected by unforeseen circumstances that arise which were outside your control. Lender delays, natural disasters, and property damage while your real estate contract is pending can all have substantial effects on your transaction. By thinking ahead and including protective contingencies in your real estate contract, an experienced real estate attorney can protect you and your transaction.


Home Inspection


Home inspections often reveal problems that could require price negotiation between the seller and buyer. Having proper contingencies in your contract could allow you to withdraw from the transaction without consequences.


Obtaining Good Title


Title searches are critical to ensure a successful real estate transaction. A seller must provide “good, marketable and insurable title” to a buyer, and a buyer certainly wants to receive “good, marketable and insurable title”. Property that is encumbered by liens, or that has complicated legal issues regarding adjoining landowners, previous owners and neighbors, raises concerns for both buyers and sellers that must be addressed before “good, marketable and insurable title” can be transferred.


A Successful Closing


When buying or selling property, the “moment of truth” is called Closing. This is the final moment of a transaction, when a seller successfully transfers property to a buyer, and a buyer receives the property they chose to purchase. Deeds, closing statements, mortgages, etc. are all reviewed and signed at Closing. The amount of documents needed to conduct a successful Closing can be substantial and a bit overwhelming for non-attorneys. An experienced real estate attorney can review all Closing documents to ensure that you understand them, without any confusion. A real estate Closing is more often than not a significant moment in a person’s life and should be a happy moment for both buyer and seller – our experienced real estate attorneys can assist with bringing about a stress-free, successful Closing.


Contact Our Experienced Real Estate Attorney


Please call us when buying or selling real estate in Port Charlotte, Punta Gorda, Englewood, North Port, or Arcadia. We can ensure your real estate transaction concludes with a smile on your face!

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