Whether or not you need a real estate attorney depends on what you are
trying to accomplish. Florida does not require you to hire an attorney for a
residential real estate transaction. However, the attorney for the title
company or lender does not represent you. Therefore, it is always a good
idea to have a trusted lawyer on your side.
What is a Real Estate Attorney?
A real estate attorney is a lawyer specifically trained in laws regarding the
sale and purchase of real estate property. A real estate attorney may
represent the bank or closing company, or you may hire one to represent
you in the transaction.
Real estate attorneys perform a lot of useful functions, including filling out
and filing complex paperwork related to the sale or purchase of a home.
They are also well equipped to review contracts and counsel you before
signing any binding agreements. In some cases, real estate lawyers
perform home closings.
Situations Where You Might Need One
Hiring a real estate attorney makes good sense in dozens of situations.
Even simple buying and selling transactions can run into snags and quickly
become very complicated. Some examples might be:
Review the Purchase Contract
Even the most cut-and-dry real estate deal may have clauses within the
contract that make things difficult. Because real estate documentation is
complex, it is always good to have your real estate attorney review the
paperwork before you hand over your deposit or sign on the dotted line.
Real estate lawyers are trained to handle closings. If anything unforeseen
comes up during the process and you have an attorney on your side, they
will know how to handle the situation and advise you accordingly.
Estate and Short Sales
Auctions, estate, and short sales can be stressful and fraught with
complexities. A real estate lawyer can make things smoother while also
explaining the more difficult aspects. You may have to make tough
decisions. Having a lawyer by your side will make it easier.
If you plan to purchase property out of state, you may want help overseeing
things. For example, you could hire a real estate attorney in the local area
where you are buying so they can keep an eye on things until you arrive.
They will also know the state real estate laws and be able to advise you in a
Real Property as Part of a Divorce
Often during a divorce, a piece of property must be liquidated as part of the
marital assets. A real estate attorney can help ease this transition whether
you are the party who is selling or if you want to buy your ex-spouse out
and maintain ownership of the home.
Selling Property with Liens
Properties with liens on them come with challenges. Your real estate lawyer
can help make the process easier and resolve any issue as quickly as
If you want someone with your best interest at heart, you might want to hire
a real estate attorney to guide you through the process.