It’s no secret that in Florida, many real estate agents are taught there is no need to involve a real estate lawyer. Sometimes, real estate agents and real estate lawyers are at odds during the purchase or sale of a property. Agents want to close the deal as quickly as possible without complications, while lawyers often highlight issues that may never come to light and, as a result, can slow down the process to ensure that all the terms of the contract for sale are met.
The two sides don’t necessarily have to be at odds with each other. For example, the Residential Contract for Sale or Purchase, approved by the Florida Association of Realtors and the Florida Bar Association, is a 35-page, single-spaced document in 10-point type. The document provides plenty of opportunity for error by both parties that can potentially derail the entire transaction. The contract also has several boxes that can be checked that may be more beneficial depending on whether you are a seller or buyer. Therefore, agents and lawyers must work together on the document to broker the best deal for both sides. There is an adage that says there is no such thing as a form contract, and for the most part, it’s true. The FAR/BAR contract does its best to address as many issues as possible that both realtors and lawyers are concerned about, but the form can’t address every situation. Working with the right lawyer can be highly beneficial to getting the deal done. Most real estate lawyers consider themselves deal makers rather than deal breakers, and since many are also licensed title agents, the cost to have a lawyer involved in the transaction doesn’t typically cost anything additional to the buyer.
There are a multitude of other ways that real estate lawyers can help
agents:
- Decipher the often-confusing legalese that pervades boilerplate agreements.
- Distill legal concepts into easy-to-understand soundbites for the agents’ clients.
- Explain Florida’s multitude of complex tax abatements and exemptions.
- Address all title issues and ensure the title is transferred free of liens.
- Keep abreast of town, county, and state ordinances, regulations, and legislation directly affecting agents, purchasers, or sellers.
- Help with landlord/tenant issues in the event—or in advance of – conflicts.
Contact us and see how Kleiner Law Group, an experienced real estate lawyer, can be a helpful asset and help you close the deal.
