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Trulia Miami, Home Buyer in Miami, FL

Do you need a lawyer to buy a home?

Asked by Trulia Miami, Miami, FL Tue Mar 19, 2013

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BEST ANSWER
In Florida, the process is different from many other states.

Here, we have a one-step process: the moment the seller signs the buyer's offer,
the contract is executed and in effect. In other states, an offer is made first, both sides agree on it,
and then the attorney prepares the Purchase and Sales Agreement.

Floridian contracts are approved either by Florida Association of Realtors or Florida BAR, or both.
Agents are allowed to fill in the blanks, basically, and are not allowed to give legal advise (practicing law without a license).

So, in most cases, in a standard transaction, buyers and seller don't engage attorneys to buy or sell a home. They engage them on a "when in need" basis - when a problem arises (which sometimes is not as efficient or useful).

In many cases, Floridian title companies don't have an attorney heading them either.
So, I'd recommend to work with the companies that are headed by attorneys.

Yes, hiring an attorney will cost extra money, and not all attorneys are as good as we'd want them to be either. So, when hiring one, ask for references of the people you trust. For those buyers and sellers who can not afford an attorney - there are legal services available, based on income.

And - for those that don't want to use an attorney - make sure to at least read the contract and ask questions, before signing anything binding.

Hope this helps,

Irina Karan
Beachfront Realty, Inc.
IrinaKaran@gmail.com
0 votes Thank Flag Link Tue Mar 19, 2013
It is possible to do without but NOT recommended. The best manner in which to proceed is,

1.Find the law office that you wish to use. Be sure that they specialize in real estate and mortgages. If they can also handle your title work than all that much better. If they are also in the same office as your REALTOR then fantastic!

2. Identify three sources for potentially getting your mortgage. Again, one would do, but are you getting the best deal? The prices of a mortgage and getting one closed vary wildly.

3. If you have not already identified a REALTOR, then it may be time to do so. As a buyer you do not pay the commission. In Florida you are able to designate a buyer's broker to represent you in a transaction. So definitely do this! And get somebody good, not your friend because they are just starting out or whatever. Experience, professionalism, Intergrity, these are the unmistakeable hallmarks of great REALTOR.

It may serve you extremely well to have the attorney first because you want someone knowledgable to review your Good Faith Estimate from the potential lender. These are required disclosures of the costs, interest rate and, APR. It is complicated stuff and you want professionals that have Fiduciary Relationships to you answering your questions. Not all agents are good with financing, if yours isn't, you may ask yourself if they are the one you want. A real estate attorney WILL be able to guide in choosing a mortgage. Remember, not everyone involved has to serve your best interests, your REALTOR- yes, your ATTORNEY- yes, your Mortgage Broker or bank- NO. That's right. The source of your mortgage is not regulated as to how much they charge you, but they Must disclose how much and do so ahead of time.

It's an important matter. Take advantage of professional help. We offer the best services of this kind if you want to talk, no obligation, BrokerAttorney com - our new site. And there are lots of strong resources in our community Shop Around!
1 vote Thank Flag Link Tue Mar 19, 2013
I just bought a house at Long Island, New York. I did not hire a lawyer. It's a standard process. You just fill several sentences in a standard form of contract, order an inspection, apply mortgage, order a title search and title insurance, got a home insurance, and then close.

Some people suggest that pay a small percentage to lawyer can protect you, as purchase a house needs a lot of money, maybe your whole life saving. The fact is, if you do not spend time to understand this process, you are really at risk. Lawyers just make this process looks complex, difficult, and secret. They do not even read the basic document, make stupid mistake, just like the seller's lawyer Craig H. Augi and his assistant Shari Greenstein. I would not suggest anyone to hire a lawyer. If you insist to hire one, do not hire this Craig Augi. If the other party hire him, ask to drop him.

I would suggest to get a realtor. An experience and honest realtor would be a great asset. It is also easier to drop realtor if you are not satisfied. Although realtor and lawyer are both not essential or required, the way they are payed cause these two professions very different. I do not understand why a lawyer so heartless and stupid like Craig could survive and no one complain. If you want know my experience with this lawyer, email: jingchuansun "at" hotmail.com
0 votes Thank Flag Link Fri Oct 11, 2013
Since it's most likely going to be the largest and most significant purchase you will make in your life yes its recommended but not required.
If you work with a knowledgeable and professional real estate agent, he or she will be able to guide you through the process with no problem, the rest is in hands of the title agency. However if you are purchasing a foreclosure or short sale or bidding on the auction, I would definitely recommend having an attorney by your side.
0 votes Thank Flag Link Tue Sep 24, 2013
Not at all, in most cases an escrow company will handle all transactions between buyer and seller, negating the need for a lawyer. If you have more question, please feel free to Contact us 714-988-8399

Web Reference : http://www.globenetrealty.com
0 votes Thank Flag Link Tue Sep 24, 2013
Well, in lite of the fact that purchasing or selling a home is one of the most important investment that we will make, and the fact that this investment deals with a large amount of money, I would suggest that you hire a real estate attorney (not just any attorney) to look out for your best interests.

A decision not hire an attorney may cause great financial consequences should there be any title issues or any other issue that was not addressed at the closing.

Therefore, we recommend that both sellers and purchaser retain the services of a real estate attorney. You'll sleep better knowing that your purchase or sale was property handled.

Iris I Romero
Sky~Land International Realty
Broker,
0 votes Thank Flag Link Thu May 23, 2013
Hello

You do not need to have a lawyer represent you to buy a home . You can have a title company or Lawyer represent in your purchasing of a home . If you have any question . I am happy to assist you in the process of purchasing your home .

Samantha Tenzer Friedman
Tenzer Realty
Cell 786 314 6100
Email SamanthaTenzer@yahoo.com
0 votes Thank Flag Link Wed May 22, 2013
Hello, my answer is, you do not need an attorney to buy a house, however sometimes it is recommended to hire a real estate attorney to check violation in the property, expired permit, etc. If you would like to reach me during the buying process, my email is marilindiaz@gmail.com or by text message to my phone 3056390445. Good luck and best regards Maria Diaz (Coldwell Banker)
0 votes Thank Flag Link Tue Mar 19, 2013
You do not need an attorney to purchase a home; however, I always recommend to my clients as the investment is one of the largest one will make and in lite of the fact that we have so many foreclosures and short sales, there may be issues with title, violaitons, open or expired permits, fines, and just to be protected I suggest the real estate attorney, not any other type of attorney.

Iris I. Romero
Sky~Land International Realty


Suggestion: Sofia Powell-Cosio, Esq,
(305) 579-9988 Office
sofiapc@aol.com
0 votes Thank Flag Link Tue Mar 19, 2013
It is possible to do without but NOT recommended. The best manner in which to proceed is,

1.Find the law office that you wish to use. Be sure that they specialize in real estate and mortgages. If they can also handle your title work than all the much better. If they are also in the same office as your REALTOR then fantastic!

2. Identify three sources for potentially getting your mortgage. Again, one would do but are you getting the best deal? The prices of a mortgage and getting one closed vary wildly.

3. If you have not already identified a REALTOR, then it may time to do so. As a buyer you do not pay the commission. In Florida you are able to designate a buyer's broker to represent you in a transaction. So definitely do this!

It may serve you extremely well to have the attorney first because you want someone knowledgable to review your Good Faith Estimate from the potential lender. These required disclosures of the costs, interst rate and, APR. It is complicated stuff and you want professionals that have Fiduciary Relationships to you answering your questions. Not all agents are good with financing, if your isn't, you may ask yourself if they are the one you want. A real estate attorney WILL be able to guide in choosing a mortgage. Remember, not everyone involved has to serve your best interests, your REALTOR- yes, your ATTORNEY- yes, your Mortgage Broker or bank- NO. That's right. The source of your mortgage is not regulated as to how much they charge you, but they Must disclose how much and do so ahead of time.

It's an important matter. Take advantage of professional help. We offer the best services of this kind if you want to talk, no obligation, BrokerAttorney.com - our new site. And there are lots of strong resources in our community Shop Around!
0 votes Thank Flag Link Tue Mar 19, 2013
Yes, its great idea! Do you need a Doctor when you're sick? Or A Surgeon when you need an operation? Or a Pilot to fly the plane to your destination? Or a Realtor to help you sell your home, or find and buy the tight home, or lease your property, or as a tenant? Or a Mom to change your diapers? The Motto here is "leave it to the professionals" and work with division of labor, its best for all
If you need anything further please feel free to call me during normal business hours at the contact info in our website link below. And please also send your email address and phone number, I'll be excited to help you with all your real estate needs and honored for the business opportunities.
0 votes Thank Flag Link Tue Mar 19, 2013
In the State of Florida, a lawyer is not necessary. You can complete a transaction without one. You do have to get a title search and law offices do supply that service.
You may seek legal advice under extenuating circumstances. A good realtor will advise you when they feel a situation deems it necessary to seek legal advice.
If you have anymore questions about the purchasing process, or want to use my services in finding your dream property, please contact me.
Paul Heller
Prudential Florida Realty
19056 N.E. 29th Avenue
Aventura, FL 33180
954-559-6411 cell
305-749-1583 work
305-932-6355 fax
PaulHeller@Bellsouth.net
TRC, CSMS, E-Certified,REO Specialist
If you are looking to buy or sell property, go to my website at http://www.SoFlaBeachHomes.com
Do you know anyone who needs real estate advice? Please feel free to contact me
0 votes Thank Flag Link Tue Mar 19, 2013
Because a realtor is not qualified to interpret a contract in the state of Florida it's best if you can afford one to hire the services of a real estate attorney. But if your not in the position to hire one make sure you hire a seasoned real estate consultant that can guide you through the process. Please reach me of you have any further questions.

Louis Urbina
Real Estate Consultant for EWM
786-355-7423
0 votes Thank Flag Link Tue Mar 19, 2013
It's not mandatory so you don't have to, however since it is going to most likely be the biggest financial transaction you will be involved with, it would be smart to do so.
Hiring an attorney ensures that mortgage lenders, the title company or other parties will not take advantage of you.

thanks and regards,
Meg Sahdala
Vivienda Realty
0 votes Thank Flag Link Tue Mar 19, 2013
Hiring an attorney isn't absolutely necessary when buying a home. The real estate agent and others involved in the process can typically help you review legal documents and negotiate price. However, I always recommend to every one of my clients that they should opt for a real estate attorney for their own protection.

An attorney should be involved in helping you to make sure the title and deed have been purged of all questions and assist in transferring the title during closing.
0 votes Thank Flag Link Tue Mar 19, 2013
-
YES, its always best to have an Attorney in your corner, especially if it can be paid for you!

Click here to see:

http://www.trulia.com/blog/steve_31/2012/09/gfb_1_000_000_purchase

==
0 votes Thank Flag Link Tue Mar 19, 2013
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