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Although it is not required to close with a lawyer in Florida, it is common for real estate professionals to recommend a lawyer’s help. Standard forms are commonly used by real estate professionals, but a lawyer is helpful in explaining the form and making changes to reflect the desires of the buyer and seller.

Below are some common examples that may not be adequately covered by a realtor or non-attorney title agent:

  • If the property has been altered or there has been an addition to the property, was it done lawfully? How do you cure a structure built without a permit?
  • If the buyer has plans to change the property use or structure, can it be done lawfully?
  • What happens if a buyer has inspection and the property has termites, asbestos, radon, or lead-based paint is found?
  • What if the property is found to contain hazardous waste?
  • What are the legal consequences if the closing does not take place, and what happens to the down payment?

A real estate lawyer can spot potential liability risk, tax consequences, etc. Make sure to at least consult with a real estate lawyer prior to entering a purchase contract- whether you are the buyer or a seller. Don’t make the mistake of finding out AFTER you’ve bought or sold a property that there was something overlooked that you can now be sued for!

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