Do You Need An Attorney When Selling A Florida Home?
Selling a house is one of the biggest life changes that most people will experience at some point in time. However, not all sales are created equal – depending on the time, place, and property itself, a sale can be smooth, or unforeseen problems can occur. Having the right attorney on your side can help to make things work as they should.
Real Estate Agents Are Not Attorneys
One of the biggest reasons why it is important to enlist a real estate attorney is because there are a lot of little details in a real estate transaction that by law, a real estate agent cannot perform. Real estate agents are educated in the basics of Florida law, but they are not permitted to do things like negotiate contracts or even offer opinions on legal issues by law. If they do, they may lose their license.
It can be tempting for a real estate agent to simply answer a question or offer an opinion, but anything that steps into the realm of legal advice is problematic. For example, it is not uncommon for a real estate agent to create an addendum or appendix to a contract – but doing so can put them in hot water, as an unenforceable addendum can sink an entire contract of sale if no severability clause exists.
Real Estate Attorneys Work For You
Another reason to enlist a knowledgeable attorney for your real estate sale is because in many cases, a real estate agent is not necessarily acting in your best interests. Florida law recognizes two types of real estate agents – real estate brokers and transaction brokers. A real estate broker or “single agent” acts exclusively in the interests of one party to the transaction. A transaction broker, however, does not – they act as a facilitator of the sale, but do not owe a fiduciary duty to either party.
As of this writing, there is no Florida law that requires you have a real estate attorney present during your sale, but it is highly recommended. For example, a title search is a common event during the process of selling a house – but if a search illuminates any kind of cloud on the title, you will need the services of an attorney to remove it so that you can obtain a mortgage.
Contact A Tampa Real Estate Attorney
The impulse to save money where possible when selling your home is an understandable one – but a real estate sale is a complex legal transaction, and it only makes sense to have as much help as possible behind you. A Tampa real estate attorney from the Seward Law Office can guide you through the legal process. Contact our office today at 813-252-6789 to schedule a consultation.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0475/Sections/0475.25.html
