Best Real Estate Attorneys in Port St. Lucie

FAQs

• What is the non-emergency contact number for the local police station in Port St. Lucie, Florida?

  The non-emergency contact number for the local police station in Port St. Lucie, Florida is 772-871-5000.

• Where can I get a copy of police reports for incidents related to my case in Port St. Lucie, Florida?

  You can request a copy of a police report in Port St. Lucie by sending an email to publicrecordsrequest@stluciesheriff.com. You may also call 772-462-3299 to get in touch with the St. Lucie County Sheriff's Office's records custodian.

• What assistance can a real estate attorney in Port St. Lucie provide when buying a house?

  A real estate attorney in Port St. Lucie can help buyers in the preparation of documents, such as a deed, contracts of sales, certificates, and closing statements detailing the purchase cost. They may also assist in negotiations to protect buyers' rights and interests. Additionally, real estate lawyers handle any problems or disputes that may come up throughout the sale, providing the buyers with the legal counsel and protection they need.

• Is it necessary to hire a lawyer in Port St. Lucie for a title review during a real estate transaction?

  Yes. It is important to consult with a lawyer in Port St. Lucie for a title review to evaluate the closing package and get guidance on matters relating to tax prorations, title search outcomes, and survey results. It is also necessary for buyers to have their title checked through a title search to find out who has held the property throughout the years, if there are any liens or mortgages on it, and if anybody else may be able to assert an ownership interest.

• Can a real estate lawyer assist in obtaining title insurance in Port St. Lucie?

  Yes. A real estate attorney can also serve as a closing agent who can help homeowners, mortgage lenders, and buyers obtain title insurance in Port St. Lucie. A lawyer can also provide legal advice in every transaction prior to concluding a sale and signing any legal documents to avoid liabilities resulting from issues or mistakes in title.

• Is it mandatory to hire a lawyer in Port St. Lucie when purchasing or selling real estate?

  Under Florida law, hiring an attorney is not necessary to complete a house purchase or sale in Port St. Lucie. However, it is advisable to get a legal counsel to help buyers or sellers understand the legal terms and technical language used in the transaction documents, like purchase contracts and mortgage papers. A real estate attorney can also assist with the closing and protect the interests of real estate buyers or sellers throughout the process.

• Can the same real estate attorney represent both the buyer and the seller in Port St. Lucie?

  A real estate lawyer in Port St. Lucie cannot represent both the buyer and the seller at the same time. It is not permitted to represent both parties as this could create a conflict of interest. Since the interests of the two parties are very certain to diverge, a real estate lawyer must be able to argue for their client, which is impossible if they represent both parties. However, separate attorneys from the same law practice may represent both the buyer and the seller.

• What does a real estate attorney do?

  Real estate attorneys are responsible for preparing and reviewing transactional documents and helping clients with the closing process. They draft purchase agreements, perform title searches, write title insurance policies, disburse funds, and prepare federally mandated HUD-1 settlement statements. They can also help clients understand the tax implications of selling a home. In the case of a dispute between the buyer, seller, or a third party, real estate attorneys also defend clients in court. Even if there is no identifiable dispute over the transaction, an attorney will make sure everyone “plays by the rules” during the purchase or sale.

• Can I purchase property without a real estate attorney?

  In some cases, it’s possible to purchase residential or commercial real estate without consulting a real estate lawyer. However, legal representation is required in approximately 20 states, and some jurisdictions require a lawyer to be present at the closing. Usually, real estate attorneys take over once real estate agents have an offer in hand. Buyers are encouraged to consult an attorney when purchasing damaged or bank-owned property or real estate located in high-risk areas. Attorneys can also assist out-of-town buyers and negotiate favorable solutions if liens, structural issues, or legal challenges crop up during the procurement.

• What does a real estate attorney do for a buyer/seller?

  Real estate transactions may seem cut and dried, but it’s common for unforeseen difficulties to arise. Attorneys who represent buyers or sellers can facilitate a successful transaction while protecting their clients’ interests and preventing costly mistakes. On the buyer’s side, attorneys can provide advice related to financing, estate planning, tax law, and first-time home buyer credits. Real estate attorneys can also help sellers who are dealing with challenges due to liens, structural damage, probate disputes, or uncooperative partners.

• What’s the difference between real estate and property?

  Real estate includes land, permanent structures, and natural resources, such as water, minerals, and trees. Property typically describes personal items and belongings that aren’t permanently attached to land. The transfer of real property includes the bundle of legal rights, which give landowners the freedom to possess or occupy the property, enjoy their land without interference, restrict others’ access to the property, and dispose of their ownership rights as they see fit.

• What happens when a real estate lawyer puts a lien on you?

  In most cases, liens stay attached to the property until the debt is satisfied or the debtor files for bankruptcy. The creditor’s rights vary depending on whether the lien is voluntary or involuntary. Additionally, if a lien has been perfected, that lienholder has priority over other creditors. Voluntary liens are most common when homeowners use their property as collateral against a secured loan. Involuntary liens are typically related to back taxes, court judgments, and child support. Properties are also subject to involuntary mechanic’s or materialman’s liens in case a customer or contractor fails to pay for materials or labor. Liens don’t necessarily prevent someone from transferring property, but most buyers want a title that’s free and clear.

• What does a real estate lawyer do at closing?

  Lawyers perform critical functions during every stage of the closing process. They draft and review documents, negotiate contracts, and finalize all of the details needed to close the sale. Attorneys who represent buyers can negotiate the terms of sales contracts, including contingencies, perform title searches to ensure that the seller can legally transfer ownership, and resolve issues related to third-party claims, liens, and easements. They can also assist with loan paperwork, title insurance, and other financial matters, such as taxes and transfer fees. Real estate attorneys who represent sellers are responsible for handling deeds, insurance declarations, and payoff letters.

• Do I need a lawyer to sell my house privately?

  Not necessarily. Some states require a real estate attorney to be present at the closing, but there are some situations when you might consider hiring one even if it's optional where you live. Examples might include:

  • You're selling the house with an uncooperative partner
  • You've inherited a property from an owner who is now deceased
  • You anticipate tax consequences

• Can a real estate lawyer represent the buyer and seller?

  Generally speaking, no, because the seller and buyer have different priorities when it comes to a home sale, and some of those interests conflict. States have specific laws governing whether or not a real estate lawyer can represent the buyer and seller, and if this does happen, there's often a waiver that has to be signed by both parties acknowledging a conflict exists. States may have different names for a document like this, but it's usually called a Conflict Waiver. Acceptable exceptions for using the same real estate lawyer might include a property being transferred from one family member to another, such as a father to his son.

• How much does a closing attorney cost?

  Some states require a closing attorney, while others deem it optional. The cost of hiring a closing attorney varies widely by the state and law firm you choose. You can expect to pay between $2,500 and $3,000 for a simple buy/sell transaction, but keep in mind that this cost is likely to vary depending on your location and the complexities of the closing.

• Do you need a lawyer to sell land?

  Technically, no, you don't need a lawyer to sell land, but there are some situations when it might be a good idea. You might consider hiring an attorney if you are faced with existing boundary disputes, involved in a sale of land that's partially wetland, or in circumstances concerning tax issues. Specific laws related to land vary by state, but one potential issue is the tax rate, which can differ depending on whether the land can have structures built on it.

• What role does a real estate lawyer play in mortgages?

  Lawyers can assist buyers and sellers in transactions involving bank financing. They can review the fine print, any title insurance declarations, and the mortgage terms. A real estate attorney also will ensure that funds are distributed to the correct parties, especially if there are any outstanding mortgages or liens that need to be paid before the title transfer.