When purchasing a home, many legal issues can arise. Hiring an experienced real estate lawyer who is trained to handle the purchase and sale of real property is helpful to navigate the process.
One of the most important aspects of any real estate deal is the contract. Although standard real estate forms may be used, an attorney can help you understand certain terms that can be confusing. They may also recommend the addition of specific language to reflect the buyer and seller’s agreement and wishes. Attorneys will work with your real estate agent in negotiating contractual terms on your behalf. It is important to ensure that your contract is in compliance with all state laws and county ordinances, and it should address any specific problems that might affect the future use of the property.
Another important part of a real estate transaction is title insurance. Once you have signed the contract, you will need to obtain title insurance to ensure that the property is free of any encumbrances, such as liens or judgments, that would prevent the seller from having marketable title. A real estate attorney will examine recorded documents affecting title to the property, and then apply the Florida Uniform Title Standards to any title problems that arise during this review. Your attorney can explain the effect of any easements on the property as well as prior agreements or restrictions that were enforced by a prior owner. If the search reveals something problematic relating to title on the property, your attorney can advise you on how to proceed.
Once you are ready to close on the property, your attorney can prepare all the important closing documents, such as the deed and the closing statement. Your attorney can help you understand the nature and amount of the closing costs, as well as provide advice as needed should any issues arise during the closing process. Once the deed and the mortgage paperwork are signed, your attorney can file and record these documents in the applicable county according to state law.
Obtaining an attorney is extremely beneficial when it comes to the intricacies involved in real estate transactions. Buying a home is one of the largest purchases you will ever make. An experienced real estate attorney helps to represent your best interests and ensures that the entire process follows the applicable laws of Florida and the county in which the property is located.