What a Real Estate Attorney Does During a Florida Home Purchase
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A Florida home purchase involves legal questions well before closing day. The purchase agreement establishes obligations, deadlines determine when certain rights can be exercised, and property records can reveal restrictions affecting ownership. For buyers in St. Augustine and St. Johns County, all of that may sound overwhelming. It’s a normal reaction to the intricacies of purchasing a home, and it’s where a qualified real estate attorney fits into the transaction.
A real estate attorney may prepare contracts, track deadlines, review closing documents, and, of course, explain legal terms. The specific responsibilities depend on the agreed scope with your attorney.
Preparing and Reviewing the Purchase Contract
Florida transactions may use Florida Realtors/Florida Bar contracts, often called FAR/BAR contracts. Standard forms still contain choices and provisions that affect the parties’ obligations.
Contract preparation or review may address deposits, financing, inspections, included appliances, possession, and closing costs. An attorney may also draft provisions for circumstances the standard language does not address, such as a seller remaining in the property after closing.
Signing has legal consequences. Later revisions generally require agreement from the other party. The Florida Bar’s homebuying guide explains the significance of reviewing the purchase agreement before it becomes binding.
Negotiating Changes During the Transaction
Negotiations can continue after an offer is accepted. An inspection finding might prompt a request for a repair credit, or a financing delay might lead to a proposed closing extension.
Within the attorney’s engagement, this work may include explaining the existing agreement, communicating proposed changes, and preparing amendment language.
Consider a hypothetical request to move closing by one week. The proposal raises several questions: Has the seller agreed? Does the amendment change only closing, or other deadlines too?
Creating a Contract Timeline
A contract timeline organizes obligations into specific dates and actions. Depending on the agreement, it may track:
Initial and additional deposit deadlines
Inspection periods and related notices
Financing application and approval requirements
Title delivery, objections, and cure periods
Closing and possession dates
The starting point is often the contract’s effective date, but some deadlines run backward from closing or begin when a document is received.
The applicable form matters. There are regulations about how contracts specify calendar days, weekend adjustments, and exceptions. An attorney can explain the specific dates for your contract.
A timeline must therefore reflect the signed agreement and amendments. It also needs to distinguish completing an action from delivering any required notice.
Reviewing Title and Recorded Restrictions
Title concerns legal ownership and rights in the property. A title search examines public records for matters such as mortgages, liens, easements, and recorded restrictions.
An easement may allow someone else to use part of the land for a particular purpose. A recorded covenant may limit how the property can be used or altered.
Where included in the engagement, an attorney may evaluate these documents and explain issues requiring further attention.
It is important to note that title insurance is a separate part of the transaction and coverage depends on the policy.
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Questions Relevant to St. Augustine and St. Johns County
Northeast Florida is a unique part of the country and local property review can involve questions that are not relevant in other regions.
For example, does an historic home’s designation affect planned exterior alterations? For a coastal property, what do flood maps show? For an association community, what restrictions address leasing or renovations?
Reviewing Closing Documents
Closing brings together the ownership transfer and financial accounting.
An attorney’s review may address whether the documents reflect agreed terms. For a financed purchase, the Closing Disclosure details loan terms, closing costs, credits, and cash needed to close.
These figures serve different purposes. Closing costs are transaction expenses. Cash to close reflects the amount still needed after accounting for financing, credits, and adjustments.
What If the Buyer Has No Buyer’s Agent?
An attorney’s engagement does not automatically include property searches, tours, market analysis, or inspection scheduling. Responsibility for those tasks needs to be understood separately and is often the role of a buyer’s agent.
Existing brokerage agreements also warrant attention. Their compensation remains relevant. Simply retaining an attorney does not itself cancel them.
Real Estate Attorney in St. Augustine, FL
Vo Law is a St. Augustine, Florida-based law firm that provides legal services in real estate, business law, estate planning, commercial litigation, and appellate practice. The firm’s real estate practice includes assisting buyers, sellers, investors, and businesses with residential and commercial real estate transactions, contract drafting and review, negotiations, title matters, and other property-related legal issues.