Residential Real Estate Transaction for Sellers

Selling a home can be a complicated process. In Florida, there are specific laws and procedures that sellers must follow during the sale process. Working with a Florida real estate attorney when selling real estate can help you avoid headaches and potential complications.

Nishad Khan P.L. can provide you with guidance and support as you prepare to sell your home. With our help, you’ll be able to sidestep issues and avoid setbacks. We’ll work to help you avoid financial losses and will ensure that you timely meet all your legal obligations.

While real estate transactions can be a major source of stress, working with us will give you peace of mind.

Duties of Sellers

Although Florida doesn’t require sellers to seek legal counsel for real estate transactions, working with an attorney can benefit you in many ways.

Real estate laws vary from state to state, and in Florida, sellers have specific legal duties. An attorney can review your contract, handle negotiations, and ensure that you comply with Florida’s real estate laws.

Disclosing Hidden or Latent Defects in Real Estate Transactions Florida

In Florida, sellers are required by law to disclose all hidden or latent property defects the seller is aware of that materially affect the value of the property. It includes both defects the seller is aware of and defects that the seller should have been aware of. While you’re not required to disclose these issues in writing, completing a seller disclosure form is an easy way to document the issues you’ve disclosed to the buyer.

On a standard disclosure form, you’ll be asked to disclose the following:

• Boundary Disputes
• Pending legal actions that could impact the property
• Sinkholes
• Environmental Hazards (like mold, lead, or asbestos)
• Pest Infestations
• Structural Issues
• Issues with wiring, the roof, plumbing, or appliances

A residential real estate lawyer in FL can help you complete this form and disclose everything you need. Along with additional information that sellers are required to disclose, such as:

• Whether a homeowners association, rules and applicable fees apply
• Whether a condominium association, rules and applicable fees apply
• Whether Real Property Taxes are owed
• Radon Gas Risks
• Lead Based Paint Risks

How an Orlando, FL Real Estate Lawyer Can Help

Legal risks come with selling real estate in Florida, and an experienced attorney can help you avoid those risks. If you fail to disclose problems with your property, or if the title of your home fails to clear, you could be sued by the buyer.

A lawyer can protect you from encountering these types of issues and will ensure that you comply with Florida laws. Not only can a residential real estate lawyer in FL help you avoid lawsuits, but they can assist you with many other issues, such as:

Reviewing Contracts

Real estate contracts are complex, legally binding documents. It’s always best to have a lawyer review the terms of a contract before signing it with the buyer. If there are any issues with the contract, your lawyer can help you by negotiating specific terms and by making revisions to the contract that are more favorable to the seller.

An attorney can also add certain contingencies to your contract to provide additional protection. For example, if it is a seller’s market and the property doesn’t appraise, a contingency could give you a way to require the buyer to pay in the additional funds needed to meet the contractually agreed upon purchase price in the transactions.

Title Searches

An attorney can perform a title search on your property and identify potential problems with title to the property that would need to be resolved before you can sell the property. For example, if there’s a lien on your property or issues with the heir of a previous owner, a lawyer can identify these problems and advise you on the best course of action in resolving these problems.

Lien Searches

An attorney can perform a municipal lien search on your property and identify potential problems with unrecorded lien issues that could, ultimately, affect title to the property. If there’s an unrecorded lien on your property, a lawyer can identify these problems and advise you on the best course of action in resolving these problems.

Closing

Many legal documents need to be reviewed during the closing process. In addition, you’ll need a closing statement that documents the costs and applicable prorations both parties are covering. A lawyer can prepare paperwork, provide explanations, ensure you are properly charged for closing costs, and help you to avoid unnecessary stress.

Get Help from Experienced Residential Real Estate Lawyers

A lot can go wrong when selling a home, so you shouldn’t handle the sale alone. Nishad Khan P.L. can provide all the assistance you need. Contact us online or give us a call to learn more.