Posted on Thursday, April 10th, 2025

Real estate agent home sales broker holding calculator and pointing to the house model and explains the business contractWhy You Need a Real Estate Attorney When Selling Property in Florida

Selling property in Florida involves a variety of legal complexities that can be overwhelming without professional guidance. A knowledgeable real estate attorney ensures your transaction proceeds efficiently, protects your interests, and helps you avoid costly legal complications.

If you are selling property in Orlando or elsewhere in Florida, retaining the services of Nishad Khan, P.L. can be the difference between a seamless, successful sale and a transaction burdened by avoidable legal risks.

What Is a Real Estate Attorney?

A real estate attorney is a licensed legal professional who focuses on matters related to real property law. In Florida, real estate attorneys are well-versed in both state statutes and local ordinances affecting residential and commercial transactions. Their role includes managing the legal aspects of a transaction, addressing title and contract issues, handling disputes, and ensuring regulatory compliance.

Real estate attorneys play a crucial role in safeguarding the seller’s financial and legal interests throughout the sale process. Engaging an experienced attorney minimizes the risk of legal exposure, contract errors, and post-closing disputes.

What Can a Real Estate Attorney Do for a Seller?

  1. Prepare and Review Legal Documents

An attorney will prepare, review, and finalize all necessary legal documents, including:

  • Purchase and sale agreements
  • Addenda and riders
  • Property disclosure forms
  • Closing statements
  • Deed preparation

Ensuring that these documents comply with Florida law, including Chapter 689, Florida Statutes, which governs conveyances, is vital to a valid and enforceable transaction.

  1. Provide Legal Advice

Your attorney will offer tailored advice on issues such as:

  • Contract terms and negotiation strategy
  • Contingencies and disclosures
  • Legal risks associated with the property
  • Seller’s obligations under Florida law (e.g., disclosure of known defects per Fla. Stat. § 689.261)

This guidance helps you make informed decisions and reduces the likelihood of post-sale liability.

  1. Coordinate and Attend Closing

In Florida, closings are often conducted by title companies. However, sellers benefit from having their own legal representation at closing. Your attorney can:

  • Review the closing statement and related documents
  • Confirm the deed is properly executed and delivered
  • Address last-minute legal issues
  • Ensure that net proceeds are distributed appropriately

Although not required by law, an attorney’s presence at closing adds an extra layer of protection.

  1. Handle Disputes and Legal Issues

Disputes may arise over:

  • Boundary lines
  • Title defects
  • Contract breaches
  • Undisclosed property conditions

Your attorney can work to resolve these matters through negotiation, mediation, or arbitration. If necessary, they can initiate or defend litigation on your behalf to protect your interests.

  1. Represent You in Court

In the event of litigation, your real estate attorney can:

  • File or respond to legal pleadings
  • Represent you at hearings and trial
  • Manage evidence and witness testimony
  • Seek injunctive relief or damages as appropriate

Having an attorney experienced in real estate litigation is essential to effectively manage claims arising before or after closing.

Choosing the Right Real Estate Attorney in Orlando

When selecting a real estate attorney in Orlando, look for:

  • A strong reputation in the local market
  • Experience in Florida property law and closings
  • Positive client testimonials and peer reviews
  • Transparent fee structures

Ask specific questions about the attorney’s recent experience representing sellers and handling contract disputes or title issues. It’s important to work with someone who is responsive, clear, and capable of managing both routine and complex real estate matters.

Work with a Trusted Florida Real Estate Law Firm

At Nishad Khan, P.L., our real estate attorneys in Orlando are dedicated to helping property owners achieve smooth and successful sales. We provide professional legal representation that safeguards your rights, mitigates risk, and ensures compliance with all applicable Florida real estate laws.

Contact us today to schedule a consultation and learn how our experienced legal team can assist with your property sale in Florida.