Legal Question in Real Estate Law in Florida
I am considering financing the sale of my small house in Florida for an investor-buyer. But I have never done anything like it before. Since I would want a lawyer to review any contract to be sure I was protected, should I just rely on the one that my Real Estate agent says would be provided for me by the Title Company his agency uses? Does that lawyer advise only me, or also the buyer, and/or any other parties to the transaction?
2 Answers from Attorneys
No. The title company may prepare the documents, but they won't necessarily even use an attorney. If you want your interests protected, you need to be represented - get your own attorney, the cost will pay off in the long run.
In Florida typically the attorney is the agent writing title on single family deals. Find an attorney in your area. A title company will only protect their interests (remember they are an INSURANCE company) not yours, and while they may have standard forms for use in situations like these, they can't advise you on how to modify them as needed to suit your transaction's particular needs - they're not attorneys.
I am an INACTIVE member of the Florida Bar and this Answer is intended solely as a courtesy to the Questioner based on an incomplete set of facts, so that the Questioner can be encouraged to obrtain proper and complete legal advice based on all of the necessary facts.
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