Reliable Guidance Through Florida Real Estate Law Issues
We represent individuals and businesses with real estate matters.
Whether you will be using the “As Is” Residential Contract for Sale and Purchase or something more complex, we have the skills and experience to prepare and review documents for your transaction or to start and defend in real estate litigation. We work with clients on quiet title actions to remove legal barriers to the sale of a property and help families dealing with inherited property owned by multiple heirs. Services that we provide include:
- Draft real estate contracts
- Draft and record deeds
- Contract review
- Drafting purchase-sell agreements
- Partition actions
- Quiet title actions
- Heir property issues
- Probating decedent’s property
Before you decide to enter a real estate transaction on your own, consult with us first to make sure you understand everything that you are getting into.
How The Florida Property Purchase Process Works
Buying or selling property in Florida involves a series of important steps designed to protect everyone involved. Knowing what those steps are helps you stay ahead and avoid costly surprises:
- Pre-contract preparation: Buyers identify financing options and review property goals, while sellers gather documents and clarify their timeline.
- Contract execution: Both parties sign a purchase and sale agreement outlining the price, terms and contingencies of the transaction.
- Inspection period: Buyers schedule a property inspection and may negotiate repairs or credits based on what the inspector finds.
- Title search and examination: An attorney or title company reviews the property’s history to uncover any liens, encumbrances or competing ownership claims.
- Financing and loan approval: Buyers finalize their mortgage commitment and lenders confirm all closing conditions before funding.
- Closing: Both parties sign final documents, funds transfer and the property officially changes ownership.
Residential transactions usually follow a shorter and more predictable timeline. Buyers and sellers commonly use the Florida Realtors contract or the AS-IS version to document the terms. However, commercial transactions take longer. They require more detailed due diligence reviews, environmental assessments and more complex financing structures. We guide residential and commercial clients through every stage of the process with clarity and care.
What Sellers Must Disclose In A Florida Real Estate Transaction
Before a sale closes in Florida, sellers must share certain facts about the property. These required disclosures help buyers understand what they are purchasing:
- Known material defects: Sellers must disclose any known defects that affect the property’s value or habitability.
- Lead-based paint: Federal law requires sellers to disclose the potential presence of lead-based paint in homes built before 1978.
- Radon gas: Contracts must include a general radon notice, but sellers need not disclose actual radon levels or testing results.
- Sinkhole activity: Sellers must disclose any known sinkhole activity, prior testing or related insurance claims on the property.
- HOA information: Sellers must provide governing documents, current fees and any pending special assessments.
- Flood zone status: Sellers must disclose if the property sits within a federally designated flood zone.
- Mold: Sellers must disclose known mold issues that materially affect the property’s value or safety.
Sellers who skip required disclosures can face serious legal consequences. We help you understand what you are required to share so you stay protected from start to finish.
Frequently Asked Questions About Florida Real Estate Law
Below are answers to common questions about Florida real estate transactions we have encountered from clients.
What is the difference between a standard real estate contract and an “as-is” residential contract for sale and purchase?
In Florida, the difference lies in repair obligations and warranties. A standard Florida Realtors or The Florida Bar contract includes clauses where the seller may be required to address certain inspection issues.
On the other hand, the “as-is” version limits the seller’s responsibilities. By using an “as-is” contract, the buyer agrees to purchase the property in its current condition, with few, if any, requests for repairs based on inspections.
Given the risk shift to the buyer, having a Florida real estate attorney review this contract is critical to understanding your liabilities.
How can a quiet title action benefit me in resolving property disputes?
A quiet title action is a Florida lawsuit used to establish clear ownership and remove any defects or competing claims on a property’s title. This legal proceeding is beneficial in resolving disputes stemming from issues like:
- Old liens
- Inheritance complications
- Boundary discrepancies
- Fraudulent deeds
A successful action provides a judicial declaration of ownership, which:
- Resolves clouds on the title
- Allows for marketable title insurance
- Prevents future legal challenges from other claimants
Consulting a Florida property attorney is essential, as these complex suits require precise action from state courts to secure your ownership rights.
Why is it important to have a real estate attorney review my contract before closing?
In Florida, real estate contracts are binding legal documents with complex terms and financial implications. An attorney provides crucial protection, like helping ensure your interests are protected by explaining contingencies, title issues, disclosure requirements and potential liabilities specific to state law.
They can negotiate favorable terms and identify clauses that may expose you to unexpected risk or cost. This proactive step is a vital investment to help prevent costly real estate closing disputes and have a legally sound transaction.
Come To Us For Your Real Estate Needs
If you are looking for exceptional legal representation for your real estate needs, contact our Tallahassee office today. Call Coleman Law, P.A., at 850-676-2887 or email us here to schedule your initial consultation. We look forward to meeting with you.
