FAQ

At Nishad Khan P.L., our initial consultations are always brief. This meeting allows us to analyze the problem and explore various options that may or may not be available to you. No matter the issue, our attorneys will thoroughly explain the process in a language that you can understand, and answer any questions you may have. Although we prefer a face to face meeting, these initial consultations can also be conducted via telephone or video call, which is great for our clients outside of Florida for a minimal fee.

At Nishad Khan P.L., we are always available for our clients. This is what sets us apart from most firms. Although we use paralegals to help us compile your documents, your attorney will ultimately be responsible for the work and thus, you will always have an opportunity to speak with an attorney. Our firm strives for customer service and our track record is proven by the many emails, letters, and calls we receive from satisfied clients.

Our service. We truly go out of our way for our clients. Whether it means driving across the state, staying late or meeting our client at their house, we make sure that we go out of our way for our clients if we need to. Every member of our team is trained to do what it takes to make our clients happy.

Real Estate Agents can list your home, negotiate with the buyer’s agent, etc. and are not licensed to provide any legal advice. A Real Estate Attorney can provide the services of a Real Estate Agent and provide legal advice, depending on how the law firm is set up. An attorney can draft the contracts, oversees the closing, perform title and survey checks, negotiate with all parties as well as review all other documents relating to the transaction to ensure that it is legal.

A Real Estate Attorney is licensed and trained to give legal advice relating to real property transactions whether it’s commercial or residential and can assist with resolving issues that may occur. A real estate attorney can handle and interpret any and all documents that relate to the transaction, for example, Mortgage contracts, Purchase & Sale contracts, HOA Declarations, Title Documents, Surveys, handle the closing and represent you throughout the entire purchase or sale process.

Yes, this is part of your Due Diligence when purchasing real property and can give you, the homeowner, confidence that the property complies with current local regulations. A Property Survey will help you to understand details of the property you are about to purchase and may highlight any potential discrepancies or boundary infringements as well as stipulations that come with it.

A property survey is very important whether you are buying a home, financing your home or constructing new projects. The survey defines the boundaries of the property, providing clarity as to the size of the property and where the land begins and ends. It includes a research of the history of the deed and title search to ensure there are no discrepancies as to ownership of the land. A surveyor will research the legal descriptions about the land and its history, and provide a sketch of the land, its boundaries and the different aspects that make up the property. A type of map is produced detailing the property’s legal boundaries, a written description of the property, the physical address, location of buildings and adjacent properties, as well as things like right of ways and easements so a homeowner can be aware of any shared yards or who may have a right of way to the street or alleyways, if any.

Typically, two forms of valid government-issued photo identification will be required at closing such as a State Issued Driver’s License, a State Issued Identification Card, a Passport, or a Valid US Military ID.

A title search examines public records to identify ownership, issues, liens, or encumbrances on a property. While it reveals matters recorded against the property in the public records, it cannot detect unrecorded claims or hidden ownership disputes. Protecting against these risks through the purchase of a title insurance policy is often advisable. Orlando real estate attorneys can guide you through this essential process.

Title insurance insures the title of your home. Generally, it ensures that the owner of the property possesses good and marketable title that is without defects. Generally, title insurance provides insurance coverage for buyers for any unresolved title issues that remain on the property post-closing, offering peace of mind to the buyer. Lender and owner policies are the most frequently used types of policies purchased, providing protection for both mortgage lenders and buyers. Real estate attorney Orlando services can help you select the right coverage. To learn more about title insurance, click here: title insurance.

Closings typically take place at a title company, an attorney’s office, or occasionally at a real estate brokerage office, depending on the parties’ preferences; however, at times, the purchase and sale agreement will designate where the closing is to take place. At closing, both buyer and seller each fulfill their respective contractual obligations by signing applicable closing or loan documents, transferring funds, and officially transferring property ownership to the buyer. Engaging an Orlando Florida real estate attorney can protect your rights and ensure full compliance. To find more details on real estate closings, click here: real estate closings.

Litigation is not the sole option for resolving real estate disputes. If a contract is the subject of the real estate dispute, the contract may designate alternative options for dispute resolution, such as arbitration or mediation. Even if litigation is filed, a presiding judge may elect to refer the dispute to mediation first. Mediation, led by a neutral mediator, enables both parties to address issues collaboratively and to reach mutually agreeable solutions outside of court. This approach is often faster, less confrontational, and more economical than litigation. Mediation can also preserve professional or personal relationships that might otherwise be strained by formal court proceedings. Real estate lawyers Orlando provide mediation and other alternative dispute options, offering tailored guidance. To learn more on real estate disputes, click here: real estate disputes.

Florida’s Statute of Frauds requires that real estate agreements, like real estate purchase and sale agreements or leases for a term over a year, must be in writing to be enforceable. Verbal agreements generally lack legal weight and may be unenforceable. An Orlando FL real estate lawyer can help ensure contracts meet these requirements, providing security in transactions. To see more about Statute of Frauds, click here: Florida Statute of Frauds.

In Florida, sellers are legally required to disclose any known facts or conditions that materially affect the value of the property, such as environmental hazards, prior flooding, leaks, and structural problems. This disclosure allows buyers to make fully informed decisions about whether to purchase the property. Failure to disclose can lead to lawsuits, contract cancellation, or the payment of damages to the buyer. Working with a Florida real estate lawyer helps ensure sellers understand and meet these obligations, thereby protecting both the seller and the buyer from future disputes. To explore more about disclosure requirements, click here: disclosure requirements.

Florida law governs condominium and homeowners’ associations (HOAs) with detailed statutes outlining owner responsibilities and association duties, ensuring community order and fairness. Owners must comply with HOA or condominium bylaws, covenants, restrictions, and conditions (collectively the “governing documents”), including rules on property use and payment of dues, while associations must manage the common areas and enforce the governing documents of the association. Disputes may arise, and working with an association attorney Orlando FL can clarify obligations and support conflict resolution. For detailed information, visit condominiums and homeowners’ associations.

In Florida, closing costs generally range from 2-5% of the property’s purchase price. These costs include settlements fees, public records searches, title insurance, document preparation, transfer taxes, and other fees and costs. Both buyers and sellers can negotiate which party will be responsible for certain expenses or seek contributions to help reduce the overall amount owed at closing. Working with Orlando real estate law professionals can provide guidance on these fees, and what is customary, ensuring clients are fully informed and prepared for any financial obligations. To learn more about closing costs, click here: closing costs.

If you retain a real estate attorney to represent you or your client, the Orlando Florida real estate attorney plays a crucial role in ensuring that: (i) the contractually agreed upon closing documents are prepared for the closing; (ii) the necessary closing documents are prepared to ensure you comply with any state and federal laws; (iii) the property being conveyed possesses good and marketable title that is without defects; and (v) you are properly protected in any other matters relating to closing. Th real estate attorney will also review the closing statement to ensure that the closing costs were properly calculated, address any pre-closing concerns, and provide legal oversight, which will minimize the risk of any post-closing disputes arising. Working with a qualified attorney can streamline the process and secure your transaction. For more information on real estate closings, visit real estate closings.

If a seller defaults on a real estate contract in Florida, buyers may have certain remedies, such as making a claim against the deposit, filing a claim for specific performance or seeking damages to recover any financial losses. A claim for specific performance seeks to enforce the sale; however, there are very specific requirements that will need to be satisfied in order to be entitled to seek a specific performance claim. Options available to a buyer will vary based on the specific circumstances and contract terms. Consulting a real estate lawyer in Florida ensures the best course of action, providing legal guidance to protect your interests and investment. For more assistance, explore real estate disputes.

Escrow accounts hold funds or property documents until the happening of a certain event, safeguarding both buyer and seller interests. Managed by a third party, at times, a title agent, these accounts ensure that the escrowed funds or documents are released either after certain contract terms are met or by mutual agreement of the parties. An Orlando real estate attorney can assist with escrow account management. For further information, visit real estate closings.

During a real estate transaction in Florida, property taxes are prorated to ensure both buyer and seller pay their fair share for the period of time each party owns the property in the tax year that the sale takes place. Real estate taxes are prorated based on the terms of the purchase and sale agreement; however, generally, they are prorated as of midnight the day before the transaction’s scheduled closing date, ensuring each party pays only for the period of time they each held ownership to the property. This prorated tax amount is factored into the closing statement. Working with a corporate property lawyer Orlando FL ensures accurate calculations and compliance with real estate tax obligations. For additional details about real estate closings, see more here:  real estate closings.

An “as-is” clause indicates that the buyer accepts the property in its current state, with no obligation for the seller to make repairs. However, even though sellers have no obligation to make repairs, sellers must still disclose any known facts or conditions that materially affect the value of the property. Residential real estate lawyer FL professionals can help clarify your rights in “as-is” transactions. Discover more by visiting  real estate disputes.

No, real estate agents in Florida are prohibited from offering legal advice; their role is limited to assisting with the transaction process, such as property viewings and paperwork coordination. Legal matters, including, contract drafting, contract review and dispute resolution, require the proficiency of a qualified Orlando FL real estate lawyer to ensure full legal protection throughout the transaction. For further guidance, click on the following link:  real estate law.

A quitclaim deed transfers any interest a person has in a property without guaranteeing a clear title. In other words, if the property being conveyed by quitclaim deed has any title defects, then those title defects are passed on to the person receiving title to the property. It is often used in informal transfers of ownership in real property between family members or to resolve ownership issues. Consulting a real estate lawyer Orlando ensures clarity and safeguards in such transfers. For more information, visit  title transfers.