Do I need one to buy or sell my house or investment property in Florida?

Florida, the Sunshine State, is one of the most popular destinations for purchasing a home or investment property. Within the past decade, Florida’s real estate market has experienced significant changes. Investors from across the globe want Florida investment property, both commercial and residential, and “retirees” alike flock to Florida for retirement, searching for the ideal condominium or townhouse.

Generally, the purchase or sale of real estate is one of the most significant transactions that one may encounter. Every real estate transaction involves intricacies and presents its own set of legal issues and complexities – the property may be owned by the bank, one of the parties is out of state, the property owner is deceased and an estate is open, the property is in distress, or one of the parties is noncompliant and difficult.  Whether you are buying or selling real property in Florida, it is critical to hire a knowledgeable and experienced real estate attorney who can protect you and your investment from the day you sign a contract to the date of closing.

The Real Estate Transaction Simplified

A successful real estate transaction begins with a properly executed contract. There are generally multiple parties involved in real estate transactions, including but not limited to the buyer, seller, realtor(s), title agencies, real estate attorneys handling the closing and financial institutions. A real estate lawyer can advise you on your legal rights under Florida law as the buyer or seller; draft, review and revise the contract; address appraisal issues involving the property; communicate directly with all parties; and handle any legal issues that may arise during the transaction. An attorney can also research the local codes and state regulations; advise both buyers and sellers alike of their rights and obligations throughout the transaction; review and prepare closing documents; evicting tenants; deal with possible liens on the property; and protect the parties from unnecessary fees and expenses.

Only Real Estate Lawyers Can Give Legal Advice

Neither realtors nor Florida title companies can give legal advice to the parties and may not be equipped to cure problems that arise during the transaction. Unfortunately, individuals most often only seek legal help once something goes awry – having a real estate lawyer represent you on both sides of the table will avoid problems after a contract is signed. Whether you are an out-of-town buyer or seller, or you lack confidence in your closing agent, an experienced residential or commercial real estate attorney can advise you throughout the transaction and ensure the deal closes.

Protect Yourself and Your Investment

Before you buy, sell or lease a property, be sure to protect yourself and your investment by contacting the attorneys of Yelen Yelen & Simon, P.A. in Coral Gables, Fl.  Our firm has handled residential and commercial real estate transactions for family home buyers, developers, and investors for over 50 years. We represent individuals, businesses and corporate clients in the purchase, sale, lease and financing of residential and commercial real estate throughout Florida. Due to our longstanding history, we are familiar with the various neighborhoods and market in Miami and the greater South Florida area.

Our range of real estate services include the following:

  • Purchase and Sale Contract Drafting
  • Purchase and Sale Contract Review
  • Commercial Real Estate
  • Residential Real Estate
  • Residential Real Estate Closings
  • Commercial Real Estate Transactions and Closings
  • Preparation and review of Residential and Commercial Lease Agreements
  • Real Estate Escrow
  • Title Insurance
  • Title Search and Issue Resolution
  • Closings for Loan Re-Financing

The real estate lawyers at the boutique law firm of Yelen Yelen & Simon, P.A. can assist you with all of your real estate-related needs. Please call us today at 305-445-3721 to schedule a consultation.

Frequently Asked Questions

What do provide assistance with estate planning?

Yes, our real estate attorneys in Coral Gables, Fl work hand in hand with our estate planning lawyers for all estate planning related matters.

What is property law?

Real estate law governs laws and litigation involving property, including buildings attached to a plot of land. Includes homes, commercial property, and other real estate.

Is there anything I can do if I buy a home and discover that something inside is broken?

The real estate agency may offer the buyer a warranty policy to cover certain losses. Determine if you were given or purchased a warranty policy when you bought your home. If not, you should consult a real estate lawyerin Coral Gables, Fl

Should I hire an attorney to help me buy or sell a home?

It is best to hire an attorney to protect your interests and ensure the entire process is legal and valid.

Do I need to do anything before buying a house or land?

The title should be searched for any claims or liens. A real estate lawyer can do this for you and ensure that buying the property or land is safe.

What should I do if the seller agreed to certain repairs but they are not made?

Contact your real estate agent first. It’s possible that plans for repairs were made without your knowledge. If the seller has not made or planned for repairs, you may have a real estate law case.

What should I look for in a home?

While consulting an attorney before buying a home is a good idea, there are several things to check. Ensure that the contract includes all property associated with the home. This may include appliances or other promised extras. Examine the damage report and the surrounding area.

What should I look for when selling a home?

Make sure there are no claims or liens against your property and decide what should be sold. Consider your lowest desired price and your acceptable price range. A property lawyer can guide you and protect your rights.

Do I have to disclose any defects to the buyers before signing a contract?

You should disclose all flaws, but you should also consult an attorney about your options. If you don’t disclose home defects, you may end up in court.

Is there anything a buyer should know before buying a home?

The buyer should spend time in the neighborhood to assess its suitability. They should also have the home inspected to ensure there are no major issues that will drive up the price. It’s best to consult a real estate lawyer before buying.

Who pays for major repairs on a fixer-upper?

In most cases, the buyer is responsible for all necessary repairs. Again, consult a real etsate lawyer in Coral Gables, Fl

What is a property deal?

A real estate transaction is the legal transfer of property ownership from one party to another. Real estate transactions can be for commercial or residential property, and their value varies.

How can a lawyer help with a real estate deal?

Buying or selling a home or business is a complicated process. It is also likely one of the largest financial transactions you will ever make, making it even more critical to protect your interests. A real estate lawyer can help you by guiding you through the transaction, reviewing deeds and titles, explaining documents before you sign, and protecting your legal rights. This can speed up the transaction and save money by avoiding unnecessary delays.

What is a deed?

A deed is a legal document that transfers property. This is a vital document in a real estate transaction. Title review in real estate transactions is vital.

What is a title?

A title is a legal document proving ownership of real estate. When buying a home or business, it’s critical to check the title. If the title is clear, the transfer of ownership will go smoothly and help you avoid future issues if you decide to sell the property.

Is litigation the only option in a real estate dispute?

It happens in every legal field, including real estate law. Negotiation may be an option for resolving real estate disputes such as property defects or boundary disputes. A lawyer will usually recommend mediation first, with litigation only being considered if that fails.

What situations may lead to real estate litigation?

Various issues can lead to real estate litigation. Disputes over boundary lines, homeowners associations, construction delays, property defects, contract breaches, and landlord-tenant issues are possible. Contact a real estate lawyer if assistance is needed.

What distinguishes residential from commercial property?

Residential property is any building or land used for private residence. Commercial property is used for business or industry. Residential property includes single-family homes, townhouses, and condos. In addition to commercial property there is also farm land. Contact a real estate attorney if assistance is needed.

What issues might a rental or lease agreement address?

A rental or lease agreement should outline several key elements. For example, whether pets are allowed, whether subletting is allowed, and so on. A well-written lease agreement will help you avoid potential landlord-tenant issues. Contact a real estate lawyer if assistance is needed.

Can I charge interest if my tenant doesn’t pay?

Your lease or rental agreement will dictate whether you can charge interest on late payments. Contact a real estate lawyer if assistance is needed.

What are possible eviction grounds?

Some potential grounds for eviction include non-payment, late payments, violations of the rental or lease agreement, nuisance complaints, improper use of the property, and unauthorized subletting.

Do I have options if I’m facing bankruptcy?

You have options if facing foreclosure. You may be able to save your home by filing for bankruptcy or modifying your loan. Considering a short sale or deed in lieu of foreclosure? Your options will depend on your goals and circumstances.

What is a short sale?

A short sale is a sale of real estate for less than the mortgage balance. A short sale may be used to sell a property that a homeowner cannot afford. To properly approach a short sale, the borrower must first reach a written agreement with the lender. Contact a local real estate lawyer if assistance is needed.

What zoning and land use issues might I face as a landowner?

Any landowner, buyer, or developer should consider zoning and land use. If you want to expand your home, buy commercial property, or build on your own land, you must follow the proper procedures and follow the local zoning and land use regulations. This can be disastrous for a development project, business or home renovation. Zoning and land use disputes can also result in financial losses. As a result, you may want to work with a real estate lawyer who can properly advise you and represent your interests should a problem arise. Contact a local real estate lawyer if assistance is needed.

For help from an experienced real estate attorney, contact the FL real estate lawyers at our law firm to discuss our legal service. Our legal practice Yelen Yelen & Simon, P.A. is a boutique law firm located in Coral Gables, Fl has over 50 years of experience and has been helping the South Florida community since 1970. Our firm provides legal advice and legal services related to residential and commercial transactions, real estate deals, estate planning, probate and other related practice areas.

For a free consultation, call (305) 445-3721.