Residential Real Estate Attorney

When Should You Hire a Real Estate Attorney?

Residential real estate transactions routinely involve hundreds of thousands — and often millions — of dollars. The purchase agreement controls how that money moves, when deposits become nonrefundable, how contingencies operate, and what happens if the deal falls apart. Once signed, the contract is enforceable and often difficult to unwind. Inspection periods expire. Financing deadlines pass. Notice requirements are technical. Leverage shifts quickly.

Legal representation becomes particularly important when meaningful deposits are involved, when inspection or appraisal issues arise, when the other party is represented by counsel, or when the transaction structure is being modified. Engaging counsel early is not about "overcomplicating" things— it is about doing things right, with confidence and peace of mind. In a transaction of this size, clarity is worth protecting.

Buyer Representation

For buyers, the contract defines flexibility and exposure. Inspection periods are negotiation windows. Financing contingencies protect deposits—but only if exercised correctly. Appraisal provisions determine whether a price reduction is possible or whether additional funds are required to close.

Deadlines matter. Written notice matters. The structure of the agreement determines leverage.

We assist buyers with:

• Strategic review and revision of contract terms

• Inspection and repair negotiation structure

• Financing and appraisal contingency compliance

• Title commitment and survey analysis

• HOA and condominium document review

• Escrow and earnest money protection

The objective is straightforward: protect your position while preserving the ability to close on favorable terms.

Seller Representation

For sellers, certainty is everything. The agreement must define when a buyer’s deposit becomes nonrefundable, what constitutes default, and what remedies are available if performance fails.

Disclosure obligations must be handled carefully. Appraisal gaps must be addressed deliberately. Possession timing must be clear.

We structure seller-side contracts to reduce ambiguity, protect proceeds, and limit post-closing exposure. When disputes arise, the language of the agreement controls the outcome. Precision at drafting prevents unnecessary conflict later.

Contract Drafting, Revision & Negotiation

Many Florida residential transactions utilize standardized FAR/BAR contracts. While these forms provide structure, they are frequently modified through riders and addenda that materially change the parties’ rights and obligations. Other transactions—particularly private sales, investor purchases, or multi-property deals—typically require custom drafting altogether.

We draft and revise residential purchase agreements for both buyers and sellers. Contingency language, escrow provisions, repair allocations, default remedies, and closing timelines are tailored to the transaction at hand.

When the other party is represented by counsel, negotiation often occurs attorney-to-attorney. That dynamic matters. Clear legal communication reduces misunderstandings, limits imbalance, and ensures that negotiated revisions are properly incorporated into binding documentation. Similarly, real estate brokers play an essential role in facilitating transactions, but they are not attorneys and cannot provide legal advice regarding enforceability or risk allocation. In transactions of this size, imprecision is expensive.

Earnest Money Deposits & Escrow Agents

Earnest money deposits are often the most sensitive component of a residential transaction. The purchase agreement determines when a deposit is refundable, when it becomes nonrefundable, and what must occur before funds are released from escrow.

Escrow agents hold deposits pursuant to written contractual instructions. If a transaction fails to close, entitlement to the funds depends on strict compliance with inspection, financing, or other contingency provisions, as well as timely delivery of required notices. When disagreements arise, escrow agents frequently require a mutual release before disbursing funds, which can stall resolution.

Protecting a deposit—or securing entitlement to it—begins with disciplined drafting and deadline management long before a dispute develops.

Title Review & Closing

Title review and closing are where the transaction becomes final. Before ownership transfers, the property must be reviewed to confirm that it can be conveyed free of undisclosed liens, judgments, or other encumbrances that could impair value or future marketability. Even minor title issues can delay funding or create post-closing complications if not addressed properly.

Closing is not administrative. It is the legal execution of the agreement. The documents signed at closing formally transfer ownership, allocate funds, confirm representations, and finalize lender obligations. Careful review ensures the documents reflect the negotiated terms and do not introduce unintended liability.

Common closing documents may include:

• Warranty Deed or Special Warranty Deed (conveying title)

• Settlement Statement (allocating financial credits and debits)

• Affidavit of Title (confirming no undisclosed liens or claims)

• Bill of Sale (transferring personal property, if applicable)

• FIRPTA Affidavit (if required)

• Loan Documents for financed purchases

Buying or Selling a Home?

Residential real estate transactions move quickly and involve significant capital. The agreement governs rights long after signatures are exchanged. If you are preparing to sign—or are already under contract—early legal guidance provides clarity, structure, and protection.

Provide the property address, whether you are buyer or seller, and the current stage of the transaction. We will coordinate next steps promptly.