Why Florida Homebuyers Are Considering a Real Estate Attorney Instead of a Buyer’s Agent
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And How to Decide Which Partner Works Best for Your Situation
Social media platforms, including TikTok, have increased discussion about buying a home without a traditional buyer’s agent. These discussions have introduced some consumers to another option: working with a real estate attorney for the legal and contractual aspects of a home purchase.
A real estate attorney and a buyer’s agent perform different functions. Understanding those differences can help Florida homebuyers determine which services they need before signing a representation agreement or purchase contract.
Why Are Buyers Reconsidering Traditional Representation?
Changes in real estate practices have encouraged buyers to look more closely at professional services and compensation. Since 2024, buyers working with many MLS-participating real estate professionals must enter into a written buyer agreement before touring a property. These agreements generally describe the agent’s services and compensation, which is negotiable rather than set by law.
As buyers review these arrangements, some are exploring whether they can manage the property search themselves while using an attorney for contract preparation, negotiations and legal guidance. This may be particularly relevant when a buyer has already found a property through an online listing, open house, private sale or personal connection.
However, attorney-led representation does not automatically include every service traditionally provided by a buyer’s agent.
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What Does a Florida Real Estate Attorney Do for a Homebuyer?
A real estate attorney may prepare or review the purchase contract, including Florida REALTORS®/Florida Bar (FAR/BAR) contracts commonly used in residential real estate transactions. This can include provisions addressing:
The purchase price and deposit
Inspection rights
Financing and appraisal requirements
Title and survey matters
Association documents
Repairs, credits or seller concessions
Closing costs and the closing date
Default and cancellation rights
An attorney may also negotiate contractual terms and prepare counteroffers. They can also address issues that arise after the contract is signed. Depending on the scope of representation, the attorney may review title documents, restrictions, easements and closing paperwork.
The purchase contract is especially important because its terms generally cannot be changed after execution without the other party’s agreement. Because a purchase contract establishes the parties' legal rights and obligations, buyers may wish to have the agreement reviewed before signing.
On the other hand, a buyer’s agent assists with activities outside an attorney’s typical legal purview like searching for available properties and discussing local market conditions.
Are Real Estate Attorneys and Buyer’s Agents Interchangeable?
No. An attorney may provide legal advice and draft customized contract language. A real estate agent may provide market information, but does not serve as the buyer’s legal counsel.
Likewise, an attorney generally does not locate properties, schedule tours or provide comparative market analysis unless those services are expressly included in the engagement.
Neither arrangement is automatically better, less expensive or more appropriate. The answer depends on the property, the complexity of the transaction and the services the buyer expects.
Image courtesy of Martin Zangerl
Local Issues for St. Augustine and St. Johns County Buyers
Properties in St. Augustine and surrounding St. Johns County communities may involve unique considerations. That includes issues from the natural setting like flood zone and coastal insurance and also man-made hurdles like historic-district requirements for older properties and homeowners’ association regulations for newer properties.
Depending on the circumstances, buyers may wish to consult a real estate attorney regarding these issues.
These issues do not arise in every transaction, but they illustrate why property-specific review may be important.
Can a Buyer Use Both an Attorney and a Buyer’s Agent?
Yes. A buyer may use an agent to locate properties, arrange showings and provide market information while using an attorney for contract review and legal advice. The two roles can coexist.
Alternatively, a buyer who has already found a property may decide that only certain professional services are needed. Before entering an agreement, the buyer should determine who will prepare the offer, negotiate terms, monitor deadlines, coordinate inspections and address title or closing questions.
Written agreements should clearly identify the services, fees and limitations associated with each professional’s role.
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.