Protecting The Rights Of Landlords, Tenants, Buyers And Sellers Of Real Estate

What Does A Real Estate Attorney Do?

When you think of buying or selling property, you likely think of a real estate broker. But what about a real estate attorney? We understand that the role of a lawyer in real estate might not be as clear. We are here to clarify how our attorneys can support you, whether you’re dealing with residential or commercial properties in Florida.

We can assist in three major ways: facilitating transactions, protecting your interests in real estate disputes and addressing property-related regulatory hurdles.

Facilitating Transactions

A real estate attorney can play a crucial role in facilitating the process of buying or selling property. Here are some of the ways we can help:

• Negotiating agreements: We handle contract negotiations to protect your interests and help you secure a favorable deal.
• Drafting documents: Accurate and legally binding documents are crucial in any real estate transaction. Our team is skilled in drafting all necessary documents that meet legal standards and protect your interests.
• Identifying legal issues: Our attorneys are trained to spot potential legal pitfalls – such as title problems, encroachments and encumbrances – before they become major issues.
• Overcoming roadblocks: Legal obstacles can swiftly derail a real estate deal. We can tackle challenges like zoning issues, financing challenges and other legal hurdles head-on.
• Securing financing: We can review documents and ensure that all the details of your financial arrangements are in order.
• Ensuring proper titling: We can advise you on the various forms of titling property in Florida and ensure that the title is legally compliant.
• Addressing restrictive covenants: We can identify any covenants attached to the property and negotiate on your behalf to modify or remove unreasonable restrictions.

Beyond transactions, real estate attorneys are invaluable when disputes arise. We handle conflicts involving:

• Boundary and easement disputes
• Financing disputes
• Lease disputes and evictions
• Property defects
• Contract breaches
• And more

Given the significant property value that may be at stake, having a lawyer by your side can make a significant difference. We will represent your interests vigorously, aiming for resolutions that protect your property rights without unnecessary conflict.

Frequently Asked Questions About Real Estate Closings In Florida

Below, we answer the most frequently asked questions about real estate transactions.

What are the common local, state and federal regulations that can affect a real estate project?

Real estate projects in Florida often touch several fields of law. Local rules handle zoning and neighborhood design standards, while state and federal agencies oversee safety and environmental protection. The most common regulations include: 

• Local zoning ordinances that define residential, commercial or mixed-use areas and limit building height, setbacks or density.
• Building codes require safe construction practices and inspections at specific stages of development.
• State environmental laws restrict work near wetlands, mangroves or flood zones, and often require environmental permits.
• Federal regulations enforced by the Environmental Protection Agency and the Army Corps of Engineers for properties near protected waters or conservation zones.

Each of these can slow or halt a project if overlooked.

What government rules affect what I can do with my property?

Local governments play a major role in shaping how property can be used. Zoning maps, easements and land-use plans all come into play. The most common rules include:

• Zoning classifications that separate residential, commercial and industrial uses and often restrict certain businesses in residential areas.
• Setback and height limits that control how close structures can be built to property lines or neighboring lots.
• Easements and right-of-way rules that may give others access for utilities, drainage or public pathways.
• Homeowners association or community bylaws that regulate exterior design, color, landscaping or even parking.

Violating these rules can trigger fines or require costly corrections later. 

Do I need a permit to build, renovate or change my property’s use?

Almost always, yes. Florida requires permits for most structural, electrical, plumbing, roofing and mechanical work. Even small additions may need approval.

For coastal or waterfront properties, extra state or federal permits may be needed under the Coastal Construction Control Line or Florida Building Code regulations.

Failing to secure permits can cause:

• Stop-work orders from the city or county
• Fines that accumulate daily until the issue is corrected
• Problems when selling, since unpermitted work can block title transfers

Taking time to understand permitting rules protects your investment and helps ensure your property remains compliant under Florida law.

How do I estimate closing costs for buying or selling a home?

Closing costs in Florida typically range from 2% to 5% of the purchase price for buyers, while sellers generally face costs around 3% to 4% of the home’s sale price. For buyers purchasing a $250,000 home, closing costs usually fall between $5,000 and $12,500. Sellers of a similarly priced property might expect to pay approximately $7,500 to $10,000.

Buyer closing costs include:

• Loan origination fees
• Property appraisal charges
• Title insurance
• Recording fees for deed documentation
• Prorated property taxes
• Home inspection costs

Transfer fees may also apply when purchasing in a community with a homeowners association.

Seller closing costs include:

• Real estate agent commissions of 5% to 6% of the sale price
• Owner’s title insurance policy for the buyer
• Documentary stamp taxes on the deed
• Recording fees, attorney fees
• Potential repair credits that were negotiated during the transaction

The most accurate way to estimate your costs is through multiple sources. Use our Real Estate Closing Calculator for Florida-specific calculations and request a loan estimate from your lender within three business days of your mortgage application. This federally required document details expected closing costs and breaks down each fee category.

Several factors affect your specific costs. For example, the county where you are transacting may have different recording fees; some municipalities charge additional transfer taxes, and your loan type influences certain expenses. Conventional loans, FHA loans and VA loans each have different fee structures.

Florida law requires several specific closing costs:

• Documentary stamp taxes must be paid on deed and mortgage documents based on the loan amount and purchase price
• Title insurance protects both you and your lender.
• Recording fees officially document your ownership with the county clerk’s office
• Property taxes must be prorated between the buyer and seller based on the closing date.

To reduce costs, buyers can negotiate with sellers to cover some expenses, shop for services like inspections and strategically time your closing.

Navigating Real Estate Regulations

A real estate attorney is invaluable for navigating regulatory proceedings involving zoning, conditional use permits and other municipal ordinances that can affect property usage. We can guide you through these complex legal landscapes to help accomplish your real estate goals in full compliance with all applicable local, state and federal regulations. Our proactive approach aims to clear any regulatory hurdles efficiently, allowing you to focus on your real estate investment and development goals.