Close Your Florida Real Estate With Expert Legal Guidance
Buying real estate is one of the largest purchases you’ll ever make, maybe even a life savings investment. As we’ve seen in recent years, real estate deals gone wrong can be devastating. You should always have skilled legal counsel for your real estate needs.
Closing Real Estate for Over 40 Years
I have helped thousands of people successfully close their residential, commercial and “raw land” real estate in Florida for over 40 years. As an agent for the Old Republic National Title Insurance Company, you will never need to hire a separate title company or closing agent for your real estate transactions.
Our Services Include:
- Preparing the legal contract
- Meeting with the buyers and sellers to review contract terms
- Ordering all necessary reports for both the mortgager and for the closing
- Resolving any unforeseen and common title issues to avoid delays
- Preparing the closing statement
- Attending the closing
We Have The Experience To Handle a Wide Variety of Real Estate Issues
A Sampling of Our Other Real Estate Services Includes:
- Out-of-State Buyers and Sellers
- Short Sales
- Warranty and Quit Claim Deeds
- 1031 Exchanges
- Title Defects
- Addendum Preparation
- For Sale by Owner
- Foreign Residency Sales (of Florida real estate)
- Contract Negotiations
What to Expect When Buying and Selling a Home:
The Real Estate Contract
- The real estate contract puts into writing the agreement between the home owner (Seller) and the home buyer (Purchaser) outlining the price, mortgage terms, closing date, possession date and other agreements.
- The typical first deadline is a contract review by respective attorneys and time for the buyer to obtain an inspection. The time period for these two events is usually five business days after Seller’s signature ( Acceptance) of the contract. If a party has forgotten to add or subtract something from the contract, his/her last chance to correct the agreement before signing is during an attorney review.
- The typical second deadline is set for the Purchaser’s deposit of the earnest money. Earnest money is an amount paid by the Purchaser to guarantee and confirm that the Purchaser will close on the purchase or lose the money which is held in escrow by the real estate agent or by the seller’s attorney.
- The next deadline outlined in most real estate contracts is the time by which the purchaser has to obtain the mortgage financing approval.
- Usually the final deadline is the closing date. During the closing the Purchaser signs all his/her mortgage documents, the seller signs all his/her documents transferring ownership and makes sure all the documents meet the requirements of the lender and the title insurance company Old Republic National Title Insurance Company.
Preparing for Closing
- The Seller’s attorney prepares documents for the closing, according to the requirements of the contract.
- Title Insurance is usually provided by the Seller for the Purchaser (as per the contract) to provide proof of marketable title. I will order a title commitment from Old Republic National Title Insurance Company which will be used to write the title commitment.
- Most lenders and contracts require a recent survey of the real estate prior to closing, typically paid for by the buyer.
- Most properties have one or more mortgages recorded against them and the closing agent will obtain payoff information to pay the morgages at the time of closing.
- State and counties all have transfer taxes and expenses that each party will pay as part of closing costs as determined by the sales contract.
- In addition, local homeowner associations or condominium associations may have requirements which must be met prior to the issue of a closing statement.
- One of the essential documents at the closing is the Closing Statement, also known as the HUD.
Real Estate Agents
Real estate agents from well-managed real estate brokerages can make all the difference between a house that sells quickly for the best price or a house that sits on the market with little or no interest. If you choose to use the services of a real estate agent to sell your home, you will be required to enter into a listing agreement with the broker.
For Sale By Owner (FSBO)
Selling your house “by owner” as opposed to listing it with a real estate agent is not a new idea but it is a practice that has become increasingly popular in recent years. Many sellers test their market by owner then, if unsuccessful, list with a real estate agent.
Sellers wanting to sell “by owner” must be prepared to do everything the real estate agent would normally do in the real estate transaction. Although selling a house may look easy, on closer examination it requires marketing techniques, salesmanship and a lot of time and patience. The following will help you decide if FSBO is right for you.
- Consult your attorney - a real estate attorney can give you important insights as to what documents will be needed.
- Set a fair price
- Develop a marketing Plan
- Prepare a brochure including selling features of the house.
- Use the internet
- Plan to work with buyer’s Realtors
- Be knowledgeable about your deal
Important factors to consider when deciding to sell by owner:
Will you feel comfortable dealing with the legal documents required? Will you be able to deal with the public on the phone and in person? Will you be able to detach your personal feelings about your home in order to negotiate with the buyer?
Proper marketing such as signage, brochures and /or flyers take time to create and distribute. Phone calls must be answered in a timely manner. Showings to buyers and appointments with inspectors and appraisers are time-consuming and usually take place during regular day-time work hours.
Are you able to post a “for sale” sign? Most condominium and townhouse associations forbid it. Is your street likely to have a lot of traffic? If not, is it near a busy intersection where you can place a sign? Is there another house for sale on your street so that potential buyers for that house will also see your sign?
The Multiple Listing Service(MLS)
The MLS that Realtors use is the single most effective marketing tool for selling real estate.