Why Buyers and Sellers in Florida Should Use an Attorney for Their Real Estate Transaction
When it comes to Florida property, the stakes are high and the rules are often unique. An attorney who knows Florida real estate law isn’t just a nice-to-have — for many transactions, it’s one of the smartest investments you can make. Below are critical reasons a buyer or seller should seriously consider engaging legal counsel in Florida.
1. Florida Does Not Require an Attorney — But It Pays to Have One
Unlike in some states, Florida law does not mandate that buyers or sellers use a real estate attorney to close a residential transaction. Title companies and real estate agents can legally provide many of the standard services.
However, while not required, having a licensed Florida attorney ensures that you receive legal advice and fiduciary protection — and that someone is watching out for the hidden legal issues that often arise in Florida.
2. Title Examination & Clearing Title in Florida
In Florida, title problems are common, especially in coastal areas, subdivisions, condominiums, or properties with complex histories. A Florida real estate attorney will:
Conduct a comprehensive title search to uncover liens, judgments, easements, restrictive covenants, or ownership gaps.
Identify title “clouds” or defects and work to resolve them before closing (e.g. getting lien releases, correcting recording errors).
Coordinate or oversee the issuance of title insurance (owner’s and/or lender’s) as a safeguard against unknown claims. j
Address Florida-specific title concerns such as prior foreclosure defects, unrecorded interests in waterfront or riparian rights, or challenges in historic subdivisions.
In many cases, title companies cannot provide legal advice (they are prohibited from practicing law), whereas an attorney can interpret and fix legal defects.
3. Contract Review, Negotiation & Florida Disclosures
Florida real estate contracts (residential or commercial) often include complex contingencies, disclosures, and statutory duties that many lay parties overlook:
Florida law requires a seller to disclose known defects or conditions materially affecting the property that are not readily observable.
Inspection reports, survey discrepancies, or flood-zone issues must be handled carefully. An attorney can interpret if the seller or buyer has obligation to repair, credit, or cancel based on those conditions.
Florida closings often include provisions for prorations (taxes, assessments, HOA dues) — an attorney ensures the math and allocations are correct.
If either party fails to satisfy obligations by certain deadlines (e.g. option period, financing contingency), the attorney ensures contract compliance or advises the client whether the contract can be lawfully terminated.
For properties under special regimes (condominiums, cooperatives, homeowners associations, planned communities), additional legal documents and regulations may apply — an attorney will interpret those governing documents and ensure compliance.
4. Managing the Florida Closing Process
Real estate closings in Florida typically involve multiple parties: lenders, title companies or closing agents, county recording offices, tax offices, surveyors, etc. A Florida attorney:
Coordinates with all parties to verify that loan documents, title work, payoff statements, and escrow instructions are accurate and timely.
Reviews the Closing Disclosure, settlement statements, and deed documents to make sure they match expectations and the contract.
Oversees escrow funds or earnest money to ensure proper handling and disbursal on closing day.
Ensures the deed is properly executed, acknowledged, and recorded with the county clerk’s office.
Verifies that all conditions, contingencies, and deliverables are satisfied (e.g., repair obligations, title insurer requirements, municipal code compliance).
Helps avoid delays or last-minute surprises, such as fee discrepancies, missing documentation, or unrecorded liens.
5. Reducing Legal Risk & Disputes After Closing
Even after the closing, unresolved issues can lead to lawsuits:
A buyer may bring a claim for misrepresentation or failure to disclose hidden defects. Having had an attorney involved can both mitigate risk and strengthen your defense.
A seller might face claims for unpaid liens or deficiencies not properly addressed at closing.
If disputes arise, your attorney is already familiar with the transaction and can represent you seamlessly.
In estate, trust, or probate-related transfers of property, an attorney ensures that title chains are clear and that proper authority was used in the transfer.
6. Value, Not Just Cost
Many clients worry about legal fees. But consider this: the cost of resolving a title defect, a failed closing, or a breach-of-contract lawsuit is often far higher than the counsel fee. In Florida, many experienced real estate firms offer flat-fee closings to avoid surprise charges.
Moreover, because the attorney-client relationship gives you confidentiality and fiduciary protections, your attorney can often spot issues that title personnel cannot address.
If you’re buying or selling real property in Florida — whether a home, condo, or commercial parcel — you owe it to yourself to work with legal counsel who specializes in Florida real estate and closings.
Contact Goebel Law today for a consultation. We will:
Review your contract before you sign
Conduct a full title examination
Address any title defects or liens
Coordinate with your lender, title provider, and closing parties
Guide you through closing day with confidence
Help protect you against surprises after closing
Let us be your legal partner from contract to “keys in hand.” Reach out at 800-536-8080 or info@goebellawfirm.com, or visit goebellawfirm.com to learn how we help buyers and sellers across Florida close securely and smoothly.