South Florida Closings
In order to transfer title to real estate, you must have a real estate closing. A real estate agent or mortgage company may try to tell you that you must use the title agent they choose. Any such mandate is untrue and illegal. Since the homeowner is paying for these services the homeowner has an absolute right to choose who will perform these services, so long as such provider is qualified. Likewise, a title company may tell you that you do not need an attorney to handle your real estate closing. While a non-attorney title company can perform a closing, a title company is prohibited by law from giving legal advice or preparing many legal documents. Therefore, when problems arise during the contract phase, title search, or at the closing table, a non-attorney title company cannot provide you with legal advice regarding your rights and your options or prepare certain documents that may be required to cure the problem.
A Florida real estate attorney can handle everything related to a real estate closing from negotiating and drafting the contract to purchase real estate to examining the title to the property and preparing the closing documents. The attorney can also prepare and issue the title insurance policy and give you legal advice regarding the real estate transaction. This is one of the biggest, if not the biggest, investments a person will make during their lifetime; therefore, you need the legal expertise only a Jupiter real estate attorney can provide.
Do not risk losing your investment or becoming involved in a time-consuming, expensive legal battle because you chose not to hire an attorney to represent your interests in a Florida real estate closing.
What Happens During a Closing?
Before the closing can take place, your real estate attorney must conduct a title search to determine if the seller has valid, clear title to transfer at closing. If the attorney finds problems with the title, the attorney will discuss these problems with you and explain how the attorney proposes to resolve these issues. This is an extremely important part of the closing process that must be completed before you can take title to the property. Once the attorney knows that the title is clear, the real estate closing attorney will proceed to prepare the documents necessary for the real estate closing.
A real estate closing is the end of the real estate sale. You will meet with your attorney to review and sign the real estate closing documents. The documents may also be signed in advance in the event of a “mail away” closing. During the closing, your attorney will review each document with you, explain the document, and answer any questions you may have about the document before you sign it.
Hire an Experienced South Florida Real Estate Attorney
It is crucial that you hire a real estate attorney who you trust to draft or review real estate legal documents that will convey a clear, valid free title to the real estate and who will work before, during and after the real estate closing to avoid any potential problems. Contact The Law Office of Richard S. Weinstein, P.A. online or by calling 561-745-3040 to discuss how our office can help you with the purchase or sale of real estate in South Florida.