Buying or selling a piece of real estate is a complex process that involves a variety of legal documents. While a good agent will make the process as easy for you as possible, there is a lot that goes on behind the scenes. In Florida, neither party is required to hire a closing attorney, and some transactions close without an attorney’s involvement. But, this is a risky approach, and there are several reasons why both parties should engage an experienced Miami real estate closing attorney to represent them.
Neither real estate agents nor title insurance agents can provide legal advice. But, many do so, often not realizing that they are exceeding their bounds. As a buyer or seller, you need to rely on the advice of a qualified attorney when it comes to legal matters. If you don’t, you could end up making a costly mistake—and you may or may not have grounds to seek to recover your losses.
Why It Is Important to Hire an Experienced Miami Real Estate Closing Attorney
Why should you hire a Miami real estate closing attorney when buying or selling a piece of property? Here are seven reasons to put an experienced attorney on your side:
1. Helping You Understand the Risks Involved
Both buyers and sellers face risks when pursuing real estate transactions. This includes risks that can jeopardize the deal as well as other risks for substantial out-of-pocket losses. A real estate closing attorney can advise you of these risks, help you address them appropriately and help you decide when a proposed transaction is too risky to pursue. Your attorney will do this by:
- Reviewing the Purchase and Sale Agreement – Real estate purchase and sale agreements are complex contracts that contain numerous terms and conditions. Your attorney can review the agreement and explain all of the implications of signing the agreement as-is.
- Reviewing the Terms of Your Loan (or the Seller’s Financing) – Your attorney can review the terms of your loan (or the seller’s financing) and explain the risks these terms present as well. Not all mortgages and other real estate loans are alike, and understanding the financing terms involved in a real estate deal is critical for making informed decisions.
- Providing Advice Based on Past Experience – Your attorney can also provide advice based on past experience. When entering into a real estate transaction, it pays to be able to rely on the advice of someone who has been there hundreds of times before. An experienced Miami real estate closing attorney will be able to spot red flags and anticipate issues that have the potential to lead to an undesirable outcome.
2. Securing Necessary Contractual Protections
In addition to reviewing all of the contracts involved in your real estate transaction, your attorney can also negotiate on your behalf to secure necessary contractual protections. For example, if you are a seller and your buyer is seeking to establish conditions for closing, your attorney can negotiate these conditions to ensure that they do not present unreasonable risks. Likewise, if you are a buyer and the seller’s attorney rejects your proposed conditions, your attorney can negotiate reasonable conditions that work for both parties.
3. Negotiating the “Boilerplate” Terms of the Deal
Along with negotiating key contract terms like conditions for closing, your attorney can negotiate the “boilerplate” terms of the deal as well. While most buyers and sellers gloss over these clauses in their contracts (if they read their contracts at all), these clauses can play a key role in the event of a dispute before or after closing.
4. Conducting a Title Search
For buyers in South Florida, hiring an attorney to conduct a title search is absolutely critical. Along with procuring title insurance, conducting a title search protects against the risk of the seller not owning full title to the property free and clear. Even if a seller believes that it has complete ownership of the property, there are a variety of reasons why this might not be the case. A title search can uncover a variety of types of interests in a seller’s property (if any exist)—including interests that fall outside of the buyer’s title insurance policy.
5. Reviewing Your Title Insurance Policy
Protecting against the risk of title defects is a two-step process. The first step is hiring an attorney to conduct a title search as we just discussed. If your title search does not raise any concerns, then the next step is to procure a title insurance policy.
A title insurance policy is a contract that is prepared by the insurance company’s lawyers. As a result, it is drafted with the insurance company’s best interests in mind. Even if you clearly specify the types of coverage you want, it is still important to hire a real estate closing attorney to review your policy and make sure it provides the protections you are expecting it to provide.
6. Resolving Any Issues that Arise Pre-Closing (or Advising You to Walk Away)
While many real estate transactions close without a hitch, issues arise from time to time. If any issues arise with your deal prior to closing, your attorney can help you resolve these issues and get to the closing table on favorable terms. If warranted, your attorney can also help you make an informed decision about whether it makes sense to walk away.
7. Managing the Closing Process
Finally, when you hire a Miami real estate closing attorney, your attorney will oversee the closing process to make sure it goes as it should. Your attorney can answer any last-minute questions you may have, and if any issues arise at the closing table, your attorney can help you decide how to move forward.