Frequently Asked Questions
Common
Questions
Real Estate
Florida law does not require an attorney for every real estate closing. However, hiring a Florida real estate attorney provides peace of mind and legal protection throughout the transaction. We review contracts, identify legal issues, resolve title problems, explain your rights, and help ensure your closing proceeds smoothly.
A title company's primary role is to facilitate the closing and issue title insurance. A real estate attorney represents your legal interests. An attorney can review contracts, negotiate terms, advise you on legal risks, resolve disputes, and represent you if litigation becomes necessary.
We review every important legal document involved in the transaction, including:
- Purchase and Sale Agreement
- Title Commitment
- Deed
- Survey
- Closing Disclosure
- HOA and condominium documents
- Easements
- Restrictive covenants
- Liens and judgments
- Closing documents
Our goal is to identify problems before they become expensive disputes.
Yes. Once signed, a real estate contract becomes legally binding. We can explain the terms, identify potential issues, negotiate revisions, and ensure your interests are protected before you commit.
Title insurance protects buyers and lenders against ownership defects that may not appear until after closing, including undisclosed liens, forged deeds, recording mistakes, fraud, and unknown heirs.
While not legally required, owner's title insurance protects one of your largest financial investments. It provides coverage against many title defects that could threaten your ownership rights after closing.
A title search reviews public records to confirm ownership and identify mortgages, liens, easements, judgments, restrictions, or other issues affecting the property.
Title issues are common and often can be resolved before closing. Depending on the issue, we may negotiate with the seller, obtain releases of liens, correct public records, or file legal actions to clear title. If the problem cannot be resolved, we advise you regarding your legal options.
A quiet title action is a lawsuit filed to establish clear ownership of real property and remove competing claims or defects from the title. Quiet title actions are frequently used to resolve inheritance issues, recording errors, adverse possession claims, and ownership disputes.
Yes. We prepare and review many types of deeds, including:
- Warranty Deeds
- Quitclaim Deeds
- Special Warranty Deeds
- Life Estate Deeds
- Enhanced Life Estate (Lady Bird) Deeds
We also advise clients regarding the legal consequences of transferring ownership.
Yes, but transferring property may have legal, tax, Medicaid, homestead, and probate implications. Before signing a deed, it's important to understand the long-term consequences.
Yes. Funding your trust by transferring real estate into it is often an essential part of estate planning. We prepare the necessary deeds and ensure the transfer is completed properly.
Yes. Whether probate is required depends on how the property was owned and whether it passed through a trust or probate estate. We assist clients with both probate administration and the sale of inherited real estate.
Closing costs are negotiated between the buyer and seller and vary by county and local custom. We explain your anticipated closing costs before closing so there are no surprises.
Yes. We represent business owners, investors, landlords, developers, and commercial buyers in purchases, sales, leasing, financing, contract review, and dispute resolution.
Yes. We represent both landlords and tenants in residential and commercial lease disputes involving unpaid rent, lease interpretation, evictions, property damage, security deposits, and breach of lease agreements.
A partition action is a lawsuit filed when co-owners of real property cannot agree whether to sell or divide the property. A Florida court can order the property sold and distribute the proceeds among the owners.
Specific performance is a legal remedy that allows a court to require a party to perform the terms of a real estate contract, such as completing the purchase or sale of property.
We represent clients in:
- Contract disputes
- Quiet title actions
- Partition lawsuits
- Boundary disputes
- Easement disputes
- HOA disputes
- Commercial lease litigation
- Landlord-tenant litigation
- Construction disputes
- Fraud and misrepresentation claims
- Property ownership disputes
- Title litigation