Some of the common areas of real estate law include transactions, issues related to the ownership of real estate and investment property being leased.
The process of buying or selling residential or commercial real estate property can seem simple. In reality, there are several factors a prospective buyer or seller must consider before signing a real estate purchase and sale agreement.
We can provide assistance with real estate sales. This includes the review and drafting of purchase and sale contracts, which may contain terms asking the buyer to purchase the property “as is.” We provide counseling in the event of default that may result in damages due to a potential breach of the agreement. Legal assistance is often required for instances of escrow deposit disputes, or where a seller seeks to do an “owner financing” arrangement with a buyer. For example, there are benefits and drawbacks to a wraparound mortgage if it is used as the financing vehicle. A buyer can benefit from legal counsel for the real estate closing, preparation of the note, mortgage, and identifying mortgage finance issues. Real estate transactions also require title examination to assure marketable title, ensuring that there are no unpaid taxes or liens against the property. We can also advise a buyer regarding owner’s title insurance. For a free consultation, please call our office.
Contact the firm if you are seeking assistance with the drafting and review of leases or notices to vacate. We also offer guidance regarding holdover tenants and other landlord-tenant litigation. Florida law prohibits self-help evictions, and a landlord cannot change the locks to a leased property without following proper legal procedures. A tenant who has not complied with a rental agreement or statutory law may face an eviction. For individuals seeking to sell a property to a tenant, we can provide representation in the preparation of a lease with an option to purchase.
Prior to purchasing a property, a prospective buyer can ask an attorney to review the covenants and bylaws of a given association to determine potential rules and assessments that will bind the new owner. It is important to know that failure to pay the assessments of a community association will entitle the association to file a lien against the property, and to potentially foreclose upon the lien. This means that an owner could lose title to his or her home, which is a severe consequence of not paying the dues or other fines. If you have any questions regarding homeowner’s association or condominium association law, please contact us for a free initial consultation.