Before buying a Fort Lauderdale home, a few legal tips
Pro-tip: Before buying a home or signing a contract, consulting with an experienced Fort Lauderdale attorney may help avoid trouble.
When you select a Fort Lauderdale home for purchase, the first document you’ll receive is the “purchase and sales contract.”
In those cases where you’re pressed for time, say you’re worried about another buyer swooping in, then make the contract contingent upon your attorney’s review and approval.
Pro-tip: If you can choose the placing of closing, you may save money if you close at your lawyer’s office.
Before You Sign A Contract
Before you sign a contract, make sure of the following:
- Know what’s in your offer (land, building(s), furnishings, and fixtures)
- Review payment and financing options and contingencies
- Clarify easements, instruments, liens, litigation, or other documents that affect your title
- Understand any costs involved (taxes, inspection, recording fees, repairs)
Have a “marketable” title
When you’re buying a home, it’s critical to have a “marketable” title — which means the title is free of “defects,” which are claims against the property — which may have laid dormant for years.
After conducting a proper title search, your Fort Lauderdale lawyer can advise whether the seller can convey a “clear” title. If dealing with a title company keep in mind the title company is merely acting as a closing agent and does not represent your interests. An experienced real estate lawyer can act both as your closing agent and your lawyer.
Proper title searches are critical; The investigation may examine mortgages, wills, court decrees, deeds, and other instruments. The timing of a particular transaction can also be critical and affect the title to the property.
Pro-tip: After obtaining title to real property, you should acquire title insurance, which protects your title against financial loss and the legal costs to defend your interest.
It is particularly important for buyers to have legal representation at closing timing, to ensure they’re obtaining a clear marketable title.
Those buying homes under construction need to pay close attention to building costs, making sure they’re all paid for by the seller. Also, buyers need to verify they’re protected under the provisions of the Florida Mechanics and Materialmen’s Lien Law. An experienced attorney can help your navigate your rights and responsibilities under this law.
Careful buyers should insist their Fort Lauderdale lawyer be present at the closing, checking each detail, ensuring the purchase is trouble free.
If you have any further questions, call The Herman Law Group at 954-762-2555. We’ll be more happy to help in whatever way we can.