Home Buying in Ruskin>Question Details

Alan Churchm…, Home Buyer in Ruskin, FL

When you buy a home in Florida, do you need a lawyer to review the documents before closing? Is this a good idea to trust the Title Company to do?

Asked by Alan Churchman, Ruskin, FL Thu May 20, 2010

them all?
Amy Lai

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5
Hi Alan,

If you have 5 minutes, go back and look at some of my answer-postings here on Trulia. I've written several times about using attorneys to represent buyers/sellers in real estate transactions.

I cannot think of better money spent at a closing than buying yourself the services of a real estate attorney. We live in a time when people sue one another for the smallest discrepancies, real or perceived. If you are transacting real estate business anywhere, I'd strongly suggest having an attorney on your side (as compared to one that might represent the seller/title) review all documents, contracts.

This is not about whether I like or dislike lawyers. It's about being protected. Competition is so fierce between law firms that you should be able to find one that will represent you for under $500 in a simple closing. Realtors, brokers and agents are not attorneys and should not give legal advice. Personally, I think someone that drops $200-500K for a home but won't come up with the $ to pay for legal representation must be crazy.

I read horror stories here and on other sites about real estate deals gone sour, parties dealing in bad faith, deposits being held illegally, agents, owners, sellers, buyers, all committing fraud on a regular basis. This doesn't happen when you have a strong person on your side that understands the law and protects your rights.

I also suggest doing this from the beginning, BEFORE you make your offer or accept one. It's much easier than having to call someone after the fact that then needs to clean up a mess.

GOOD LUCK!!

Scott Miller, Realtor®
Estate Specialist
Commercial RE
Business Broker
Realty Associates
561.716.4060 direct
561.451.9377 fax
http://www.trulia.com/profile/scottmiller/
http://twitter.com/ScottSellsFL
1 vote Thank Flag Link Fri May 21, 2010
I was about to put an offer in, using a buyer's agent, but the agent did not mention this at all, disappointed! The condo listed as "move in ready" while a lease was in place with a tenant for 4 months. I got many negative comments about purchasing with a tenant, but not from my "buyers agent"!
Flag Mon Dec 16, 2013
Alan,

Florida does not traditionally use lawyers to close real estate transactions, however, if you choose to you can. The contract will have who is choosing and paying for title and closing. If you are in control here, you may pick whoever you want to close the transaction.

Debbie Albert, PA
Coldwell Banker Residential
1 vote Thank Flag Link Fri May 21, 2010
Florida does not use attorneys to close real estate transactions, but if you choose to you can. All Florida purchase contracts are written by attorneys. Realtors, Broker and Title agent are licensed to assist you with your real estate need.

Thanks,
Angela Davis - Associate Broker
GRI, CLHMS, CRS, AHWD, CNE
Million Dollar Guild Member

Signature Realty Associates
Direct: (813) 545- 3118
Fax: (813) 643-5776
http://www.Go2TampaHomes.com
http://www.AngelaSellsTampa.com
0 votes Thank Flag Link Tue Jul 26, 2011
Hi Alan,

It is always a good idea to have an attorney look over the documentation before you close on a property. You never know what is going to "pop up" while you work toward closing the deal. There are questions that you have that your agent cannot legally answer for you. Having an attorney can ease your mind during the process. I can give you a recommendation of an attorney who is based out of Lakeland, Fl. His name is John Lynch, Esq. His phone number is 863-604-2952.

Good luck!

Robin Lynch
Keller Williams Realty Group
0 votes Thank Flag Link Thu May 27, 2010
Hello,
I am currently going through my 4th try at a short sale. Do you have a recommendation for an attorney in the Naples, FL area? I think Lakeland is too far north. Thank you very much.
Julie
Flag Wed Mar 20, 2013
Dear Amy,

If you are paying ALL CASH then it is crucial that you get an attorney on your side to review your closing paperwork and the title insurance policy and HUD-1 settlement statement before closing.

If you are getting a mortgage, your lender's underwriter will review this documents and offer you some protection.

Fuentes and Kreischer is a well know law firm specializing in Real Estate,n I can highly recommend Lawrence Fuentes:

http://www.fklaw.net/firm-overview/

Congratulations on your home purchase!

All the best,
Alma
0 votes Thank Flag Link Fri May 21, 2010
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