Why You Need a Real Estate Attorney at Your Closing in Florida
In Florida, real estate closings are often handled by title companies rather than attorneys, which differs from states where lawyers are required to oversee the entire transaction. While it’s legally permissible to close without a lawyer, doing so leaves you without a dedicated advocate reviewing the fine print. In a high-paced and competitive market like Miami, having a real estate attorney on your side offers critical protection, personalized guidance, and peace of mind throughout the process.
What Happens at a Real Estate Closing?
The closing is the final step in a real estate transaction, where the property officially changes hands from the seller to the buyer. Several key steps take place during this stage:
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Final document review and signing – This includes the deed, mortgage, settlement statement, and other legal agreements.
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Transfer of funds – The buyer’s payment and lender’s funds are securely disbursed to the seller and all relevant parties.
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Recording of the deed – The new ownership is recorded with the county clerk to make the transaction official and public.
Even though title companies manage these tasks, they do not represent either party—they’re neutral. An attorney ensures your interests are protected at every turn.
How a Real Estate Attorney Supports Your Transaction
A real estate lawyer provides legal oversight and prevents potential pitfalls that can cost you time, money, or your deal. Specifically, an attorney can:
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Review and explain contracts to make sure the terms are fair and clear
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Spot legal red flags that could affect ownership or financing
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Coordinate with lenders, realtors, and title companies to keep everything moving smoothly
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Ensure full legal compliance with Florida property laws, disclosure requirements, and deadlines
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Prepare custom addendums or negotiate contract changes if issues arise during inspections or appraisals
What If Legal Issues Come Up Before or During Closing?
Even transactions that seem straightforward can run into complications. An attorney is equipped to resolve problems quickly so the deal can proceed—or help you walk away safely if needed. Common issues include:
Unreleased Liens or Unpaid Property Taxes
A lien is a legal claim against a property for unpaid debts—often related to unpaid contractor fees, HOA dues, or back taxes. If a lien wasn’t properly released by a previous owner or if taxes remain unpaid, the title to the property may be clouded. This prevents a clean transfer of ownership. A real estate attorney can identify these issues in the title search and coordinate with lienholders or taxing authorities to resolve them before closing.
Errors in Legal Descriptions or Ownership Records
Mistakes in legal property descriptions—such as incorrect lot numbers, metes and bounds, or misspelled owner names—can cause confusion over what’s actually being sold. Inaccurate ownership records, including chain-of-title issues, can also raise questions about whether the seller has the legal right to transfer the property. Your attorney can review these records carefully, correct any discrepancies, and ensure the deed matches the intended parcel of land.
Disputes Over Inspection Findings or Repairs
If a home inspection reveals significant defects—like roof damage, mold, electrical issues, or plumbing problems—buyers may request repairs, price reductions, or credits before moving forward. Sometimes sellers push back or deny the requests. This back-and-forth can delay closing or even jeopardize the deal. An attorney can help negotiate repair agreements or draft contract addendums that clarify each party’s responsibilities before closing day.
Last-Minute Financing or Appraisal Issues
Real estate deals that depend on financing are especially vulnerable to last-minute changes. If the property appraises for less than the agreed purchase price, lenders may reduce the loan amount, forcing the buyer to come up with more cash or renegotiate the deal. Other issues—like a sudden change in credit score or debt-to-income ratio—can lead to denied loan approval just days before closing. A real estate lawyer can help amend the contract or coordinate with lenders to keep the deal alive.
Undisclosed Easements or Title Defects
An easement gives someone else the legal right to use part of your property, such as for utility access, drainage, or shared driveways. If an easement exists but wasn’t disclosed or properly recorded, it could limit how you use your land or reduce its value. Similarly, other title defects—like forged documents, missing signatures, or unresolved probate issues—can surface during the title search and complicate the closing. An attorney can help investigate, resolve, or insure against these risks.
Without a lawyer, you may not have the legal leverage or knowledge to resolve these matters effectively.
Florida Real Estate Closing FAQs
Is a real estate attorney required in Florida?
No, but many buyers and sellers choose to hire one to protect their interests, especially for high-value or complex transactions.
Who pays for the attorney?
Each party typically hires and pays for their own attorney, unless otherwise negotiated in the sales contract.
Can a lawyer draft my sales contract?
Yes. In fact, involving a lawyer early on helps ensure the contract is solid and includes any necessary protections for your situation.
What if there’s a title dispute at closing?
Your attorney can review the title report, negotiate solutions, or postpone closing until the issue is resolved.
Do attorneys need to attend the closing in person?
Not always. Many closings can be handled remotely, but your attorney remains involved to review final documents and answer any last-minute questions.
Will the attorney handle the deed recording?
Yes. Your lawyer will make sure the deed and related documents are properly filed with the county to legally establish your ownership.
Can I use the seller’s attorney instead of hiring my own?
No. It’s not advisable to share an attorney in a real estate transaction because each side’s interests may conflict. You should always have independent legal representation.
