BUYING, SELLING OR REFINANCING?
Why You Need an Attorney for Commercial and Residential Real Estate Transactions
Here in Florida, buyers and sellers are not required to hire a lawyer to handle their real estate transactions, but closing real estate transactions without having an experienced real estate attorney on your side can leave you open for disaster. The purpose of real estate closings is to execute legally binding agreements between two or more parties regarding the transfer of property. “As Is” contracts are the ones most often used for sale and purchase. These contracts specify the details of all aspects of the transaction, including:
• Price Deadlines • Waivers • Covenants or Restrictions • Disclosure of Easements
• Acknowledgment of Any Defects • Distribution of Liability for Defects • Inspection periods
• Financing period and contingencies
As comprehensive as these agreements are, no contract can possibly cover every condition and situation. If your property has considerations which are outside of the scope of the agreement, the liability for problems that arise may be unspecified, or even rest completely on your shoulders.
That’s why so many realtors and mortgage brokers refer their clients to Costa & Associates. They know that having an experienced attorney who specializes in Miami real estate can help avoid the common—and not so common—pitfalls that can jeopardize your investment, at a cost that is comparable to the fees that most title companies charge for much less service.
Why Your Realtor is Not a Substitute for a Miami Real Estate Attorney
Although your realtor is an important part of your team, he or she cannot be held responsible for reviewing your contract. Even if your Florida realtor is aware of all aspects of these contracts, he or she is prohibited by law from providing legal advice to either party which may influence the outcome of a contract or offer.
Why a Title Company is Not a Substitute for a Miami Real Estate Attorney
Sometimes buyers choose a 3rd-party title company instead of a real estate attorney, believing that they will save money and that title insurance will protect them from any issues that might arise. Both of these assumptions are most likely false.
Title insurance companies are not attorneys and cannot provide legal advice, create contract addenda, handle problems with the contract or title issues, or do any legal work. They are solely responsible for researching the background of past ownership of a property so they can certify that the seller has a legal right to sell it. The title company’s main purpose is to satisfy the requirements of the title insurance underwriters and prepare documents.
As a title agent of Old Republic National Title Insurance Company, I am able to provide you with both title insurance and real estate attorney services at a cost that is less than or comparable to most title agent fees. If you need to negotiate terms, amend your contract, or have your contract reviewed to ensure that there are no unpleasant surprises, even after closing, there is no additional cost.
Why Miami Realtors, Lenders and Mortgage Brokers Recommend Us
With 20+ years of experience in Miami real estate, our biggest referrals come from the professional real estate community. We work hard to keep everything running smoothly for the brokers, lenders and mortgage brokers who recommend our services and do everything we can to earn their trust. They know we are committed to the client.
We can help put deals together by negotiating terms specific to that transaction or client before a contract is signed, work with realtors, mortgage brokers and clients to review an existing contract or step in to help with matters that come up at any time through closing. We keep up with the current real estate regulations and the latest technology, including digital closings. And because unexpected issues can crop up at the worst times with Miami real estate, our team is always easy to contact.