Florida Real Estate Lawyer
Q: Do I really need a real estate lawyer to close on a house in Florida? Why? I am closing on a home and reviewed the contract, the title company has confirmed the title.... Why then is it important to get a real estate lawyer......when it's not required. I'm on the fence here....not sure what to do. Can anyone give me some advice???
A: In Florida, you really do not need an attorney. Most of the contracts are form contracts that are filled out by realtors then the closing is handled by the title company. Use the FARBAR contract... it's very straight forward. Additionally, just keep your eyes open for any addendums or additions. With title companies handling the closings, there really isn't as much of a need for real estate attorneys. Real estate attorneys would be able to handle more sophisticated real estate issues and negotiations. For the most part, sales are very basic. I believe that the real estate market is better off in general without requiring attorneys for a real estate transaction. I did my fair share of sales in NYC(in which attorneys are required to create contracts and close sales), and for the most part on complicated transactions real estate attorneys are good to have. When the attorney involved was just an 'attorney' they usually created awful messes. Some of which cost my clients hundreds of thousands of dollars because of their incompetence with real estate law. Transactions here in FL overall are smoother without need for attorneys. And since you are permitted by law to have direct contact with the title company and other participants in the transaction 99% of the attorney's job you can do yourself. Basically, making sure that everyone else is doing their thing. The last 1% that a real estate attorney might be helpful with is for document reveiw. If you are unable to 'cough' read or unable to sign the documents yourself... then they can be useful for FL transactions. Again, I say this because the paperwork is standardized in a very high percentage of the transactions.
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