Real Estate Law

Real Estate Law

Are you seeking to carry out a real estate transaction in Florida? Whether the property is residential, commercial, or agricultural, the assistance of our real estate attorneys can help ensure the process is completed quickly and with minimal disruption. The earlier you retain experienced real estate law counsel, the easier it is to avoid potentially time-consuming legal problems and expensive litigation. However, even if you are already in the midst of a real estate dispute, we can assist you. We have helped numerous Florida residents over the past forty years effectively resolve their real estate problems.

Contract Drafting and Enforcement

The purchase or sale of a parcel of real estate depends on the drafting and execution of a carefully-crafted contract. Poorly drafted contracts can leave one or both parties with misunderstandings about their rights and obligations under the terms of the deal. This, in turn, can lead to strained professional relationships, lost time as the contract is redrafted, and loss of use of the real estate in question. Even when a contract appears clear and unambiguous, parties may attempt to avoid their responsibilities and obligations under the contract. They may claim a variety of legal defenses that would excuse them from having to perform their legal obligations.

Our real estate attorneys can help you during this critical stage of a real estate transaction. Allow us to review and draft your real estate contract to ensure both parties clearly understand their rights and responsibilities. This can save you both time and money and lead to a much quicker and smoother transaction.

We can also help you if a contract already exists but there is a dispute about the performance of the contract. If you believe you should not have to follow through on the promise you made, we will analyze your situation and documentation to determine your legal rights and responsibilities. Where you have a legal reason to avoid performing your responsibilities under the contract, we will help you obtain a release from the terms of the contract. Similarly, if you are seeking to hold someone to their agreement we can review your circumstances and the contract itself to see if the other party’s failure to perform is excusable. Where it is not, we will work diligently to obtain the legal relief you are entitled to.

Representation at Closing

Hiring an attorney to represent you at closing is not a requirement in Florida. However, there are several reasons why you may wish to do so. At the closing you will review and sign all of the loan documents regarding the purchase of the parcel of real estate, thereby binding yourself of the purchase agreement. However, the title insurance agent and other individuals who may be present cannot give you legal advice or otherwise interpret the terms of your contract. A title insurance agent cannot review the terms of the loan document with you and confirm that the loan document you are signing accurately sets forth the terms of the agreement you reached with the other party. A title insurance agent is not able to renegotiate terms of a purchase agreement that are not favorable to you.

Title Searches

A title search is an important part of many real estate transactions such as the closing of a sale, mortgage foreclosures, and quiet title actions. A title shows not only who owns the particular parcel of real estate at issue, but also whether there are any liens or encumbrances on that parcel. We can assist you in determining whether a title search is necessary for your real estate transaction. If so, we will order a title search be conducted and review the results with you. We can also advise you as to how the results may impact the particular transaction you are attempting to complete.

Litigation

We represent clients in foreclosure proceedings, loan modification proceedings, and other court cases pertaining to the sale and use of real estate. If you are a consumer in foreclosure proceedings, we can help you explore your options during this difficult time. If after your free consultation we determine you have defenses available, we will aggressively pursue those defenses and help you obtain the relief you need. If you are a lender and need to foreclose on a delinquent borrower, we can guide you through the entire foreclosure process.

We can also help with loan modifications. Some lenders offer distressed borrowers the opportunity to modify the terms of their purchase agreement so that payments are more manageable. We can assist with the drafting of these agreements and will review them with you to ensure the new terms reflect your agreement and protect your interests.

Regardless of what side of a real estate dispute you are on, you can expect to receive knowledgeable advice and zealous representation from us both in and out of court. Contact our office today at (954) 329-0001 for a free initial consultation. We look forward to providing you with superior legal representation.