Residential Real Estate Attorney in Fort Myers
While the prospect of moving into a new house may seem like an exciting experience, many homebuyers quickly realize that the reality is actually very complex. It is not uncommon for a buyer to face several disappointments and obstacles from the start of their home search to the day they receive the keys. Meanwhile, sellers often face their own set of difficulties, with some putting their properties on the market for years before selling them.
Although your realtor and real estate agent are a wonderful source of information and help during the buying and selling process, they are not permitted to handle complex legal matters involving your transaction, often leaving clients feeling stuck in the middle of a frustrating ordeal. This is where real estate attorneys come in. A Fort Myers real estate attorney like those at The McIntyre Law Firm knows exactly how to handle these kinds of matters. From real estate transfers to discovering outstanding liens and everything in between, our attorneys work to solve existing problems while also ensuring further legal problems don’t arise after the sale is completed.
Residential Real Estate Transactions
A Purchase/Sale Contract governs almost every residential real estate transaction that takes place in the state of Florida. These contracts can sometimes be relatively simple, but many times, they can be complex and involve multiple parties.
In Florida, the “As Is” Residential Contract for Sale and Purchase is the most widely utilized residential contract. All parts of the real estate transaction are governed by this, including pricing, critical dates, certain restrictions, and sometimes the disclosure of easements, recognition of defects, and distribution of liability for such defects.
Florida realtors are likely aware of the mechanics of these contracts, but they are not allowed to give either party legal advice on the consequences of a specific contract or offer. That, among many other things, is why it is so important to involve a real estate attorney in a residential or commercial transaction.
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What Does a Real Estate Attorney Do for a Buyer?
All of the paperwork linked to your home purchase (including contracts, agreements signed with the seller, lender documents, title, and transfer documents, etc.) may be prepared or reviewed by a qualified real estate attorney. Additional aspects of the property acquisition, such as title searches and title insurance, are also sometimes handled by real estate attorneys to make sure that there are no outstanding claims or liens against the property. Attorneys may also serve as a third party to expedite the transaction and provide assistance in the case that a problem arises that holds up the sale.
What Does a Real Estate Attorney Do for a Seller?
Selling a house is a complicated process that requires a thorough understanding of local, state, and federal regulations. With so much on the line, the legal guidance that a real estate attorney offers can help you avoid potential issues that arise when buying or selling your home. An attorney can help you safeguard your investment and assets while also ensuring that your part of the deal is carried out lawfully, which may help you avoid costly mistakes in the future. From the moment the contract is signed to the closing, real estate attorneys are there to assist in the supervision of the real estate transaction. An attorney may examine sales contracts, explain terms in a comprehensive way, attend closings, and much more.
Benefits of Hiring a Residential Real Estate Attorney
Only licensed attorneys are allowed to provide legal advice in the state of Florida, meaning attorneys can provide advice and direction where some real estate professionals cannot. This includes things like evaluating and clarifying the implications of signing a contract, informing each party of their obligations under the terms of an agreement, identifying liens, helping establish 1031 exchanges, and outlining the different deadlines that each party is bound by.
In addition to offering legal assistance, a Florida real estate attorney can frequently function as an escrow agent for the buyer’s money deposits, which are required by the contract’s conditions. This not only gives both parties reassurance and confidence in their next move but also allows them to terminate the contract quickly if an issue arises.
Other benefits that come with hiring a residential real estate attorney include:
- Drafting sales contracts
- Helping the buyer and seller obtain title insurance
- Review and negotiate financing documentation
- Ensuring the property is fit for use
- Examining homeowner’s association “HOA” regulations
- Preventing litigation
- Assisting with Florida 1031 exchanges
- Ensuring a smooth closing process
- Conducting a closing on your behalf
Contact the Fort Myers Residential Real Estate Attorneys at The McIntyre Law Firm Today
It takes much more than just document preparation to complete a successful Florida residential real estate transaction. Disclosures, financing, property inspections, dealing with homeowner association regulations, and title insurance are just a few of the obstacles that buyers and sellers may face.
If you’re looking to buy or sell residential real estate or even commercial real estate in Florida, consult with a real estate attorney from The McIntyre Law Firm to ensure that your rights are protected and that you are well-informed while making important and consequential decisions. To schedule a free consultation, call our office at (239) 275-2213 or fill out our online intake form today.