Frequently asked Questions regarding Real Estate ClosingsQuestion: Do I need to hire an attorney to represent me at the real estate closing? Answer: Unless you have hired the closing agent that is handling the closing, the closing agent acts as a facilitator of the closing and does not represent you. Although under Florida law the closing agent must disclose this fact, most people do not understand the risk they assume by not having their own legal counsel review their closing documents and the commitment. Question: Should I consult with an attorney prior to listing my house or property? Answer: Florida law is very specific about the types of things that must be disclosed during the listing process and to potential buyers. In addition, Florida law requires that real property contracts contain certain provisions and disclosures that are critical to the enforceability of the contract. Question: Should I consult with an attorney prior to making an offer on vacant property? Answer: A buyer should be concerned about two types of restrictions when buying property - first, those restrictions imposed by local governments which limit the actual use of property and second, encumbrances, restrictions or other title matters that may limit use of the property for the buyer's intended purpose. Title insurance will only insure against title defects and is not intended to address land use restrictions that are regulatory in nature. Therefore, it is critical to review such items as current regulations, pending regulations under consideration by a local government, zoning and land use designation of the property, utility availability, access rights, and concurrency regulations (e.g. is there a de fact moratorium resulting from overcrowded roads or schools?). This type of review is referred to as "due diligence" and should be performed by an attorney familiar with local land use regulations. Question: What do I need to bring to closing? Answer: You will need to bring a government-issued photo I.D. If you are the buyer, the money that you bring to closing will need to be in the form of an official bank check, certified check, cashiers check or money order, made payable to the trust account of the closing attorney. If the property is residential, the seller needs to bring keys to any structures on the property. Question: I am married, but the house I am selling is in my name only. Does my spouse have to come to closing? Answer: If your spouse never lived in the house and you are the only one on the deed, then the spouse does not have to come to the closing. However, if the deed is in your name and your spouse lived there for any length of time with you after you were married, then you must both sign the deed and the spouse will need to be at the closing. Question: As a buyer, is it necessary to order a survey of the property or is this an unnecessary expense? Answer: Obtaining a boundary survey is one of the most important things that a buyer can do to assure there are no surprises in the future. It important to coordinate with your attorney with regard to ordering a survey because the surveyor will need to have a title search for the property and related documents in order to accurately reflect any encumbrances that may affect the property. Helping clients throughout Lake County protect their property rights and investments, we can help you with your real estate concerns today. Located a mile from US Highway 441 in Mt. Dora, we are open Monday through Friday from nine to five. Contact us today for more information. Leslie Campione, P.A. Attorney at Law
342 East Fifth Ave
Mount Dora, FL 32757
Phone: 352-383-9020
Fax: 352-383-4654
Map and Directions │ Email At the Mount Dora, FL offices of Leslie Campione, Attorney at Law, we represent clients throughout Florida, including Tavares, Leesburg, Clermont, Eustis, Apopka, and Lake County, Florida.Printer Friendly View
Add To Favorites
| 
