Florida Real Estate Attorneys


Florida Real Estate Attorneys

What Is A Florida Real Estate Attorney?

Florida real estate attorneys are attorneys that specializes in real estate law.

They may offer legal advice for transactions involving the following:

  • buying real estate in Florida
  • selling real estate in Florida
  • leasing real estate in Florida
  • renting real estate in Florida
  • property closings in Florida
  • property tax appeals in Florida
  • property zoning in Florida


They may also offer services such as dispute resolution. These types of disputes may arise due to conflicted opinions of property boundaries or contractual disputes between the buyer and seller of any real property.

A Florida real estate lawyer, along with a Florida real estate agent, can guide you through the process of buying and selling a home or commercial property in Florida.

A home or even raw land can be a significant investment in Florida and having the proper legal advice will make this real estate transaction go smoothly.

When Should You Get A Real Estate Attorney In Florida?

It is recommended that anytime you buy, sell, or transfer property in Florida that you have qualified Florida real estate attorneys represent you during the real estate transaction and closing.

Do I Need An Attorney To Lease My Property In Florida?

It is recommended that you have a Florida real estate attorney provide you with proper leasing or rental contracts. Especially if you intend to lease or rent property in FL. A properly drafted lease or rental agreement in FL can safeguard and provide to you monetary compensation from physical damage to property.

Is There A Difference Between Leasing And Renting Property In Florida?

Simply stated a lease is normally used for long term contracts for those whom may wish to stay in the property for a matter of multiple months or years. Rentals are normally for shorter periods of times such as a few weeks to a month or two.

You may think of it as the difference between renting an apartment for a year as opposed to renting a vacation home for a short amount of time.

Do You Need A Real Estate Attorney To Buy A Home In Florida?

Florida law does not require you to hire any Florida real estate attorneys to buy a home. However, with that being stated, having an attorney representing you throughout the home closing process is to your best interest.

Is Florida A Disclosure State?

Florida state law requires all sellers of property to disclose to potential buyers any and all material facts that may adversely affect the buyer’s use and enjoyment of the property.

Having a FL attorney represent you at closing may be the difference between buying that 10 acres of pristine land and buying that 10 acres of land that has in the past had massive sink holes. A more detailed look at Florida disclosure laws can be found here.

How Much Do Florida Real Estate Attorneys Charge?

This fee may be dependent upon the cost of the property and how your chosen attorney bills for services. This fee may also differ depending on if the property is commercial property or residential property.

Two of the most common real estate fee schedules in Florida are as follows:

  • An hourly fee : This fee is going to be based on your location and the experience of the attorney.
  • A set fee : This fee is going to be based on the value of the property being purchased. It is normally derived as a percentage of the sells price.

Who Do Florida Real Estate Attorneys Represent?

Florida real estate attorneys may represent either the buyer or the seller.

As a buyer the attorney will review all the documents pertaining to the sell. Being sure that the buyer is receiving what they are paying for clear of all liens or encumbrances.

This is normally accomplished by doing a title search to be sure the seller is the actual owner of the property and has the legal right to sell the property.

As a seller the real estate attorney can help you by reviewing you sells documents and assuring that the financial obligations of the buyer are fulfilled at closing.

When a home mortgage is involved there may be several different attorneys involved in the property closing. One may be representing the mortgage lender, one the seller, and one for the buyer. As you can see real estate transactions can at times be complicated.

Title Insurance In FL

Some Florida real estate attorneys may recommend that you purchase title insurance in FL on a given piece of property.

Title insurance is basically an insurance policy that may pay you the value of the property if years down the road it is found that the seller did not have good title to the land. More information about title insurance in Florida can be found at

Who Pays For Title Insurance In Florida?

Title insurance may be a cost to the buyer or seller depending upon the stipulations in your sales agreement.

What Is A Florida Property Sales Agreement?

The sales agreement or contract lays out the obligations of all parties involved in the real estate transaction.

Who Pays The Closing Cost For A Real Estate Transaction In Florida?

Closing cost may be paid by the buyer, the seller, or a combination of both depending upon the sales agreement. Typically closing cost are broken down into two categories, the buyers and the sellers.

Buyers Closing Cost In Florida :

  • Home inspection
  • Underwriting fees
  • Title/Deed recording fees
  • Title search fees
  • Title insurance
  • Appraisal fee
  • Origination fee
  • Escrow fee
  • Credit report fee
  • Attorney fee

Sellers Closing Cost In Florida :

  • Transfer fees
  • Recording fees
  • Escrow fees
  • Mortgage fees
  • Title Insurance
  • Property taxes
  • Utility bills
  • HOA fees

As you can see from above there are a variety of fees that may be involved with your Florida real estate transaction. However, with that being stated all of the fees above may not apply to your particular situation. When paying with cash instead of receiving a home loan the fees are less expensive.

How Do I Find Good Florida Real Estate Attorneys?

Finding good Florida real estate attorneys is not as hard as one may think. You can start right here on this site. If one is not available then reach out to your circle of friends, family members or business acquaintances. If your working with a Florida real estate agent you may wish to ask them if they have any recommendations.




The Law Offices of J. Patrick Buckley III