MIAMI-DADE COUNTY COMMERCIAL & RESIDENTIAL REAL ESTATE CLOSING LAWYERS

As the required documentation in any real estate closing has grown over the decades, the potential for problems has expanded as well. Whether you are buying or selling raw land or residential or commercial property, you are subject to many laws and regulations, all of which become represented by paperwork. Trying to understand the many documents in any transaction, generally written in “legalese” that only legal professionals know, is next to impossible for the average person.

Real estate transactions are extremely complex with unexpected legal issues that can arise to delay or even cancel the entire deal. Furthermore, without understanding the details of your transaction, future problems could emerge once it has concluded, resulting in new costs, time, and stress. Our goal is to help you avoid such issues or, if they surface unexpectedly, resolve them efficiently and effectively. 

At Revah Law, our legal team’s primary focus is on Florida real estate law and related issues. We bring insight and experience to your real estate closing so that you have the oversight of a professional helping you navigate the closing process. If you are involved in selling or purchasing real property in Miami-Dade County, Palm Beach County, or Broward County, you can have peace of mind knowing that our priority is to help make your transaction a success.

Ready for a Smooth Closing? Let our experienced real estate attorneys protect your investment. Call (888) 218-4125 or contact us today.

Our Commercial & Residential Real Estate Closing Representation

We represent homeowners, business owners, developers, other commercial property owners, lenders, and sellers of all real property in closings, pre-closing, and post-closing matters. 

As stated above, a wide range of problems or conflicts can occur in real estate closings, depending on the type of property involved and the terms of the sale. 

These can include but are not limited to:

• Title issues: Problems discovered during the title search, such as property or IRS tax liens, mechanic’s liens, easements, or encumbrances, can cause delays or complications in the closing process.
• Financing problems: The buyer may face difficulties obtaining mortgage approval or meeting the lender's conditions, leading to delays or a canceled transaction.
• Appraisal discrepancies: If the property appraisal comes in lower than the agreed-upon purchase price, the lender may not approve the mortgage, requiring renegotiation or potentially causing the deal to fall through.
• Inspection issues: A walk-through or a professional home inspection may reveal previously unknown defects or necessary repairs, leading to negotiations between the buyer and seller over who is responsible for addressing these issues.
• Unwanted occupancy. The property may have unlawful occupants, such as squatters. Commercial properties may have unresolved tenant issues. 
• Contingency complications: Many real estate contracts include contingencies, such as financing, inspection, or the sale of the buyer's current home. If these contingencies are not met within the specified time frame, the transaction may be delayed or terminated.
• Legal compliance problems: Non-compliance with local, state, or federal regulations, such as zoning laws or building codes, can lead to delays or complications during the closing process.
• Errors in the documentation: Mistakes in the preparation or execution of closing documents can cause delays and may even require the parties to re-sign documents or correct errors before the transaction can proceed.
• Disagreements between parties: Disputes may arise between the buyer and seller over contract terms, costs, or responsibilities, potentially delaying the closing or causing the deal to fall apart.
• Last-minute changes: Unexpected changes in circumstances, such as job loss, financial issues, or personal matters, can cause one or both parties to reconsider the transaction or request changes to the contract.
• Delayed possession: If the seller is unable to vacate the property by the agreed-upon date, the buyer may be unable to take possession, leading to potential legal disputes or additional costs.

Proactive Solutions for Real Estate Closing Challenges in South Florida

At Revah Law, our mission is to make sure that unexpected issues do not arise before, during, or after the closing of your deal. Our team has substantial experience in representing both buyers and sellers in residential and commercial closings. Our assistance has helped many clients avoid unforeseen issues as well as resolve them, even on a last-minute basis. 

We thoroughly review all aspects of the transaction to see that your interests are protected in the language of the contracts and documentation. We can also communicate with the other party and/or their representative on your behalf to resolve any issues that could disrupt or delay the finalization of the deal. 

Should disputes arise in the pre-closing or post-closing of the transaction, we work diligently and with cost-effectiveness in mind to help resolve them promptly while bearing in mind your present and future interests, priorities, and satisfaction. 

We take a practical approach to resolving all disputes, at any stage of the transaction or post-transaction, through skilled negotiation or other out-of-court procedures. However, our trial lawyers can help you seek justice through litigation as needed. 

Understanding the Real Estate Closing Process

Closing on a property is the final step in a real estate transaction, where ownership officially transfers from the seller to the buyer. This process involves multiple steps and legal requirements.

Step-by-Step Breakdown of the Closing Process

1. Opening an Escrow Account – A neutral third party holds funds and documents until all conditions of the sale are met.
2. Title Search & Insurance – The title company checks for existing liens, claims, or ownership disputes. Title insurance protects against future claims.
3. Home Inspection & Appraisal – The buyer ensures the property is in good condition and meets the lender’s valuation.
4. Final Loan Approval – The lender verifies the buyer's financial information and confirms loan approval.
5. Closing Disclosure Review – Buyers receive a statement of final costs and loan terms at least three days before closing.
6. Final Walkthrough – Buyers inspect the property to ensure everything is in agreed-upon condition.
7. Signing Closing Documents – Both parties sign various legal documents to finalize the sale.
8. Funds Transfer & Title Recording – The buyer's funds are transferred, and the new ownership is recorded with the county.

What Buyers and Sellers Should Expect

• Buyers should be prepared for closing costs, which typically range from 2-5% of the purchase price.
• Sellers must ensure that all agreed-upon repairs and conditions are met before the final walkthrough.
• The process can take several weeks, but delays may occur due to financing or title issues.

Common Documents Required at Closing

• Closing Disclosure
• Mortgage or loan agreement
• Title and deed transfer documents
• Bill of sale (for personal property included in the deal)
• Proof of homeowners insurance

The Role of a Real Estate Attorney in Closings

Why Having a Lawyer Is Essential

• Ensures that all documents are legally sound and protect the client’s interests.
• Identifies and resolves potential issues before they delay or jeopardize the transaction.
• Helps negotiate terms to benefit the buyer or seller.

How an Attorney Can Protect Your Interests

• Reviews the sales contract for unfavorable terms.
• Ensures clear title ownership and addresses liens or disputes.
• Guides clients through financing and mortgage agreements.

Differences Between a Title Company and a Real Estate Attorney

• Title companies verify title status and issue title insurance but do not provide legal advice.
• Real estate attorneys handle legal disputes, draft contracts, and represent clients in negotiations.
• While title companies focus on administrative tasks, attorneys ensure legal protection.

Title Insurance: What It Is and Why It Matters

Title insurance protects buyers and lenders from financial loss due to title defects. It ensures that the property being purchased has a clear and undisputed ownership history.

What Title Insurance Covers

• Errors in public records
• Unknown heirs claiming ownership
• Unpaid property taxes or liens
• Fraud or forgery in past ownership transfers

Common Title Defects and How They Can Impact a Transaction

• Unpaid Liens – The seller may owe unpaid taxes or debts tied to the property.
• Boundary Disputes – Conflicts over property lines with neighbors.
• Forgery or Fraud – Past fraudulent transactions that cloud ownership rights.
• Missing Heirs – Unknown heirs could surface and claim rights to the property.

Lender’s Title Insurance vs. Owner’s Title Insurance

• Lender’s Title Insurance – Required by lenders to protect their investment in case of ownership disputes.
• Owner’s Title Insurance – Protects the buyer’s interest in the property and is optional but highly recommended.

Without title insurance, buyers risk legal battles and financial losses due to ownership disputes. It is a one-time cost that provides long-term protection for homeowners.

Frequently Asked Questions About Real Estate Closings

How Long Does the Closing Process Take?

• The closing process typically takes 30 to 45 days, but this can vary depending on factors such as loan approval, title searches, and inspection results. Delays can occur due to financing issues, appraisal discrepancies, or unresolved title defects.

What Happens If the Buyer or Seller Backs Out Before Closing?

• If a buyer backs out, they may lose their earnest money deposit unless a contingency applies (such as financing denial or inspection issues). If a seller backs out, the buyer may have legal grounds to sue for breach of contract or demand compensation for incurred expenses.

Do I Need to Attend the Closing in Person?

• In many cases, in-person attendance is required, but remote closings are possible through power of attorney or e-closings in some states. Your attorney can help coordinate the process if you are unable to be present.

What Should I Bring to the Closing?

Buyers and sellers should bring:

• A valid ID (driver’s license or passport)
• A certified check or proof of wire transfer for closing costs
• Any required documents requested by the lender or attorney

Can I Negotiate Closing Costs?

• Yes. Some fees, such as lender origination fees, title insurance, and attorney fees, may be negotiable. Buyers can also request seller concessions to help cover some costs.

What Happens If the Property Has Outstanding Liens?

• If liens are discovered during the title search, they must be cleared before the sale can proceed. The seller is typically responsible for resolving unpaid property taxes, mortgages, or contractor liens, or negotiating a resolution with the buyer.

Is a Final Walkthrough Necessary?

• Yes. The final walkthrough ensures that any agreed-upon repairs have been made and the property is in the expected condition before closing. Buyers should verify that appliances and systems are functioning properly.

Why Choose Revah Law?

At Revah Law, we make real estate closings smooth and stress-free. With extensive experience in commercial and residential transactions, we handle everything from contract review to title issue resolution. Unlike title companies, we provide comprehensive legal support, ensuring your rights and investment are protected. Serving Miami-Dade, Broward, and Palm Beach counties, we focus on clear communication, proactive problem-solving, and cost-effective solutions. Whether you’re a buyer, seller, or investor, trust us to guide you through a seamless closing.

Facing Closing Challenges? We handle everything from contracts to title issues. Call (888) 218-4125 or contact us for trusted assistance.