Florida Title Company or Real Estate Lawyer: Who Should Handle Your Closing?           

| March 20, 2018

Florida does not require an attorney to oversee a residential real estate transaction.  A buyer can purchase a home or condo in Florida and get a mortgage without getting legal advice from an attorney. A real estate agent can provide standardized contract forms, and a title company can issue title insurance and conduct the closing. […]

6 Tips For First Time Home Buyers In Florida

| February 20, 2018

First time home buyers are often anxious because the purchase of their single family home or condominium will likely be the largest transaction of their lifetime. For this reason, a new home buyer may find this process less overwhelming when it is separated into 3 parts. First, there is the contract for sale, which is […]

Quitclaim Deed Lawsuits

| January 1, 2018

In Florida, quitclaim deeds are one of the most common deeds to transfer real estate.  (Other common deeds include general warranty deeds, special warranty deeds and personal representative deeds.) This is because a large number of transactions involving quit claim deeds are interfamily transfers (marriage, divorce, probate, etc.) The person signing a signing a quit […]

Florida Real Estate Closings Don’t End At The Closing Table

| October 31, 2017

Real estate closings in Florida can be complicated and overwhelming to some sellers and buyers. With all of the effort that goes into buying a home, including reviewing the contract and addendum, negotiations, inspections, the loan application process, and the actual closing, it is important to know what to expect when the day comes to […]

Seller and Private Financing in Residential Real Estate Transactions under Dodd-Frank Act 

| January 10, 2017

Florida residential real estate transactions are governed by a variety of laws, rules, and regulations.  Unfortunately,  some real estate agents minimize or ignore these requirements in the name of getting the deal closed. They say they want to keep things simple for buyers and sellers.  After all, the standardized forms they use cover all of […]

How to Have a Deed Notarized if the Seller is in a Foreign Country

| November 29, 2016

The simplest reason that deeds have the seller’s signature sworn before a notary public is to prevent fraud.  This is particularly important in real estate transactions where the seller is foreign or is abroad. In fact, our years of Foreclosure Fraud and Robosigning are prime examples of what happens in real estate when there is […]

Florida Real Estate Contract Lawsuits

| November 1, 2016

In Florida, when a seller and a buyer sign a residential real estate contract for the purchase of a new home or condominium, they create legal duties for themselves. If these duties are not fulfilled, then under the contract there are consequences.  Those consequences are spelled out in both the contract and in Florida case […]

5 Key Issues Related to Florida Real Estate Contracts

| September 27, 2016

For real estate transactions in Florida the real estate contract controls the deal. This is the common understanding of most real estate professionals. However, these contract terms are based upon long standing legal principles which have been codified and become part of Florida’s contract law.  So, a more accurate statement is that Florida contract law […]

Concealment, Nondisclosure And Silence By Florida Real Estate Sellers

| August 16, 2016

In Florida, in order to have a binding contract to purchase real estate, both the buyer and seller must sign a written agreement that includes the material terms of the deal (price, closing date, description of the property, financing, etc.).  That contract controls the transaction and it spells out the parties’ obligation to one another […]

What Happens When a Seller Defaults on a Florida Residential Real Estate Contract? – Part II

| August 2, 2016

What happens in a Florida residential real estate transaction when the seller doesn’t do his or her part and close the deal? Or, the seller makes a material misrepresentation about the property and the buyer purchases the property relying on that bad information?  In Florida, both contract law (see the residential sales contract) and real […]