Florida Real Estate Lawyer

What is a Florida Real Estate Lawyer?

A Florida Real Estate Lawyer is an attorney, barred in the State of Florida, who represents clients involved in the purchase and sale of real estate, both residential and commercial. A Florida Real Estate Lawyer not only helps clients with the purchase and sale of real estate, but also with situations involving foreclosure, landlord/tenant disputes, and discrimination in housing actions.

When selling your home it is imperative that you have a Florida Real Estate Lawyer. A Florida Real Estate Lawyer will know the ins and outs of selling your home. One of the important things to remember about real estate is that the real estate agent does not represent the buyer of the home. It is a common misunderstanding that the real estate agent is looking out for the best interests of both parties. This is incorrect; the real estate agent works for the home seller and his, or her, commission depends on the price that the real estate agent can procure for the seller. For this reason you will want your own real estate agent or a Florida Real Estate Lawyer.

Another reason to have a Florida Real Estate Lawyer is to help in negotiating mortgages and lending for the purchase of a home. One of the reasons that the housing crisis took place is because home buyers were not required to have Florida Real Estate Lawyers representing them in negotiations with mortgage lenders and as a result the home buyers fell victim to predatory lending. Florida real estate lawyers are experienced in understanding and negotiating mortgage lending contracts and will be able to help negotiate the best interest rates for you. As of 2011 the average price of real estate is the lowest in 31 years and interest rates are at an all time low. It is an exceptional time to invest in buying real estate but you should make sure that you have a Florida Real Estate Lawyer present to help you equal the playing field with the seller and the mortgage lender.

Florida Real Estate lawyers can help you in every aspect of purchasing a home in the State of Florida. Florida Real Estate Lawyers will know how to get in touch with reputable home inspectors, how to search for liens, encumberances, covenants that run with the land, how to search for good title, and put you in touch with reputable title insurance companies in the State of Florida.

Florida real estate lawyers also handle matters that concern landlord/tenant disputes. On the side of the landlord the Florida real estate lawyer will inform the landlord of proper ways to discuss rent, eviction, leasing, sub-leasing, repairs and other matters involving the rights of landlords and their tenants. Every state has their own specific laws involving the requirements of landlords in keeping the premises under a “warranty of habitability.” A Florida Real Estate Lawyer will be able to inform the landlord of what his, or her, obligations are to his tenants, what the “warranty of habitability” is in the State of Florida, and the landlords duties to repair the premises, waste removal and his, or her, obligations concerning other duties of the landlord.

The landlord must also draw up leasing agreements with the tenant. Most leasing contracts are boilerplate with the information about rent and duration filled in for the specific contract. A Florida real estate lawyer can draft a proper contract that will fit the needs of the landlord client. There are certain laws that a landlord must follow in eviction proceedings and to do otherwise could result in civil, and even criminal, penalties against the landlord. When evicting an individual Florida law prohibits “self help” by the landlord such as changing locks or leasing to a new tenant. If eviction is necessary you should contact your Florida Real Estate Lawyer to draw up a formal letter to notify the tenant of the eviction proceedings. The tenant then has 5 days to respond to the letter. If the tenant does not respond it will be considered a default judgement in the landlords favor. If the tenant does respond with an affirmative defense then the proceeding must go to a court proceeding at which time the tenant is required to place due rent in a court registry.

On the other side is when the Florida real estate lawyer represents the tenant in a dispute against the landlord. There is such a thing as a tenant bill of rights and, among them are the right of habitability, the right to quiet enjoyment of the property and others. A Florida real estate lawyer who represents a tenant can help the tenant if the landlord is not meeting his, or her, obligations to repair the premises, to fight against illegal evictions, and negotiate sub-leasing and assignments. There are certain laws pertaining to tenancy and the tenant has specific duties to keep the leased property from being damaged. The tenant does have the duty to pay rent and, depending on the extent of the lease agreement, has certain obligations and rights that run with the leasing agreement.

A Florida Real estate lawyer should definitely be retained if you are facing eviction by your landlord or you are facing foreclosure by your mortgage lender. The Florida real estate lawyer will be in the best position to negotiate with the landlord or the mortgage lender to keep you in your home. There is a process that the lender must follow to properly foreclose on property and your Florida real estate lawyer can ensure that you stay in your home during that process.

Where do I find Florida real estate lawyers?

If you’re looking for Florida real estate lawyers then you can obtain the information you need through an internet search. Florida real estate lawyers advertise in newspapers, magazines and often have their own websites. Depending on your legal problem there will be a wide choice of Florida real estate lawyers who can help you. When looking for Florida real estate lawyers you should set up interviews with at least a few Florida real estate lawyers who meet your criteria. It is also beneficial to contact the Florida Bar Association and take advantage of their referral service. The Florida Bar Association keeps a list of all lawyers in the state who are barred and in good standing along with their specialty areas.

You can also find a Florida real estate lawyer by accessing the laws.com referral service at the top of this page. By clicking on the link and inputting your name, location, contact information and the extent of your legal problem a representative from laws.com will be able to direct you to a competent Florida real estate lawyer for a consultation to help you with your real estate problem.