Whether you are purchasing your dream home, selling the home you’ve lived in for years, or are a beginner on the real estate ladder, hiring one of the many experienced Florida Lawyers for Real Estate is an important and essential step in the real estate process. Florida Housing Lawyers can help prevent and assist with any possible issues that may arise during your real estate transaction. 
Although buying or selling a home may seem like a straightforward process, the actual process can be overwhelming, even for those who are seasoned. The bottom line is: don’t do real estate transactions alone. Although many are tempted by the proposition of others who claim to have years of experience in the real estate realm, if they haven’t studied Real Estate Law, chances are great that they cannot foresee or help individuals in the most thorough way possible.
Buying or selling a home or other real estate property is a huge endeavor, certainly, one that shouldn’t be taken lightly. If you want to make a real estate transaction as smooth as possible, you need a qualified representation. In Florida, Lawyers for Real Estate transactions should provide efficient legal assistance, and present honest, possible outcomes. Florida Lawyers for Real Estate will guide you on your real estate journey. They should help you navigate the common issues many buyers and sellers face. At Bret Jones, P.A. we’re experienced in Real Estate Law, and we do the utmost for our clients. Real estate transactions shouldn’t be cumbersome, but rather, an exciting transaction between parties who are ready to make a change. With our experienced lawyers from Bret Jones P.A., we want to enable you to focus on the deal and getting what you desire.
Real Estate Law and Common Issues Faced in Real Estate Transactions
Real Estate deals with Real Property. Real property and personal property are two different legal concepts. Real property refers to land and things that are attached to the land. This includes buildings or houses, both residential and commercial. This is unlike personal property, which refers to items that can be moved. Often times, fixtures are also included in the items that are considered attached in the land and a part of the real property. These definitions seem fairly basic to understand. Oftentimes, individuals and businesses alike believe their understanding of such basic terms and ideas surrounding real estate is sufficient without an attorney.
Despite the fact that real estate transactions appear pretty straightforward, there are a multitude of issues that can arise during the process. Below is a quick overview of some of the common problems that buyers and sellers face. Though the issues stated below are not exhaustive, they still present a great example and glimpse of why a real estate attorney is an imperative resource during a real estate transaction. No matter the size of the transaction or the business acumen of either party of the transaction, Florida Lawyers for Real Estate are an essential part of any real estate transaction.
Title Issues in Real Estate Transactions
In Florida, Lawyers for Real Estate can assist in real estate price negotiations. However, the most common use of Real Estate Attorneys is to ensure each step in the buying and selling process is precisely followed. For example, there will be inspections, and there may be issues relating to the title. Title deals with the right to use property. Specifically, it delineates who has legal ownership of a property.
Many people are familiar with the concept of a title when it comes to vehicles. For instance, when one purchases a vehicle they expect to acquire a clean title to a car or truck. Receiving documentation that shows you are getting a “clean” title is probably one of the first things individuals inquire about when purchasing a vehicle. Yet real property, such as land and homes, is also titled. Therefore, it is important that a buyer ensures that they are receiving title to property that isn’t encumbered. Usually, when there isn’t a clear or marketable title to real property, it is referred to as “title defects” or a “clouded title.”
Some of these defects may include issues with mortgages or liens on the property, easements for individuals who are not the current owner or issues relating to who the actual property owner is. Some other common issues with the title may include improper filing, wrong wording, or the fact that there is no documentation of anyone recording ownership. Most importantly, marketable title specifically means that the seller is promising that there is not a defect or claim on the property that would likely give rise to litigation. This also means that there are no easements, violations, outstanding mortgages, or other issues relating to the land. Sometimes there can even be issues with the actual boundaries of the land itself, and this can happen if the property wasn’t properly surveyed or recorded.
Contracts, Forms, and Agreements in Florida Real Estate Transactions
Oftentimes, without the assistance of a Florida Lawyer for Real Estate, buyers and sellers may decide to conduct a real estate transaction on their own or may seek the assistance of non-legal third-parties. These parties may advertise that they use real estate forms, and cut the need for legal advice. Unfortunately, these forms can cause multiple issues, and a key issue with these standard forms is stated right in the name. They are “standard” forms. This means that they are not specific to each unique situation or property. Using a standardized form to purchase or sell your home is not a good idea; neither is conducting a real estate transaction without a qualified real estate attorney.
Nothing store-bought can truly assist you with the particular details of an agreement between a buyer and a seller. With the assistance of a Florida Lawyer for Real Estate, each contract drafted will be specific to your needs and wants. Perhaps a standard form includes an “As-Is” clause or other wording which may reduce your ability to take legal action if issues with the land or property arise. The idea of an “As-Is” clause follows the idea of Caveat Emptor, which means “Buyer Beware.” Contracts need to be drafted and reviewed with your attorney, and this includes the contracts for the purchase of real estate.
Latent v. Patent Defects in Florida Real Estate
Latent defects refer to defects in property that are not readily observable to the naked eye. For instance, this may include a leaky roof. Patent defects mean defects that are easily observable. Damage to a ceiling inside the house may be a patent defect if you can see the damage upon entering the home. A qualified Florida Lawyer for Real Estate can assist you in any issues that can arise from latent or patent defects. No matter the detail taken to ensure that everything in a home is in great shape, sometimes defects can appear shortly after moving into a home or moving a business into a building. This is another example of why Real Estate Attorneys are essential in Real Estate Transactions.
Stability in the Real Estate Market of Today
The real estate market is usually an appropriate reflection of the current economic climate. Yet, many businesses and individuals keep steadfast in their search for real estate stability. Perhaps this appears in the guise of a sound investment in property, like a new home, a few acres of land, or an old business that needs renovation. Many question whether stability in the real estate market is a reality. Businesses and individuals continually search for this elusive stability, even a scintilla, in the real estate world. No matter the reason individuals or businesses are deciding to invest, divest, buy, or sell—Florida lawyers for Real Estate can provide profound insight into the depth of this field.
That being said, the only thing individuals and businesses alike can be assured of in this ever-changing market is honest and straightforward Florida Lawyers for Real Estate, such as the lawyers from Bret Jones, P.A.. At Bret Jones, P.A. we strive to excel as dedicated Florida Housing Lawyers. Despite the unpredictability of the economic world, one thing you should be sure of is the advice of your lawyer. At Bret Jones, P.A. we understand the multi-faceted world of Real Estate. Whether you are purchasing or selling, dealing in residential or commercial real estate, you need an effective and detail-oriented Real Estate lawyer that can help you with any questions, and guide you throughout your real estate journey. Choose Bret Jones, P.A. as your Florida Lawyers for Real Estate.
Sources:
http://realestate.findlaw.com/buying-a-home/what-does-title-mean.html
http://realestate.findlaw.com/buying-a-home/why-you-need-a-lawyer-when-you-buy-or-sell-a-house.html
http://www.legalmatch.com/law-library/article/defective-titles-or-title-defects.html
http://www.legalmatch.com/law-library/article/marketable-title-lawyers.html
https://www.lincolninst.edu/subcenters/significant-features-property-tax/CustomReport.aspx?id=273
https://www.hg.org/realest.html
http://statelaws.findlaw.com/florida-law/florida-property-and-real-estate-laws.html
https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/Buyers-Must-Beware-When-Purchasing-Property.aspx