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Residential Real Estate Sale or Purchase–Do You Need an Attorney?

By Dwayne Jotch
February 01, 2012


Strictly speaking the answer is “no”.  In fact, others may advise this.  However, as the sale or purchase of a home is such an important matter the answer should be “yes”, and retaining an attorney that specializes in residential real estate could be the most important decision you make.  The best time to retain an attorney is at the very beginning of the transaction, which means before the purchase agreement is signed (or even before the listing agreement is signed if you are a seller).

Our attorneys are familiar with the laws, regulations, procedures and documents required in a real estate transaction.  Moreover, the attorney will follow these laws, regulations and procedures, and draft and review documents, with your interests in mind.  Among the many matters our residential attorneys will handle, or assist with, on your behalf are:

  • drafting or reviewing the purchase agreement;
  • advising you throughout the entire process, including your rights and obligations once the agreement is signed;
  • assisting with the requirements of the agreement, including obtaining and reviewing the title commitment for the required title insurance; and
  • preparing or reviewing the documents for closing and insuring the transaction is closed as provided by the purchase agreement and in accordance with the instructions of any third parties, such as the lender for the buyer.

In addition, not every transaction runs a smooth course.  For example, if there are issues with title, an attorney will know how to handle them; and if you or the other party should seek to get out of the agreement, an attorney can advise you of your options.

The financial investment in retaining a residential real estate attorney to guide you, and protect your interests, may not be as much as you think. The costs are a matter that will be discussed with you at your initial meeting with your attorney.  Sometimes, for the seller, the cost may be no more than the title insurance premium that the seller is typically obligated to pay.

For additional information on selling or buying residential real estate in Florida, please contact an attorney with real estate background at Stross Law Firm, P.A; telephone our office at 813-852-6500 or 727-787-1088.  Our firm provides a Free Residential Real Estate Initial Consultation with no obligation for all new clients.

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