Legal Question in Real Estate Law in Florida

Re: Signing the Warranty Deed

Traditionally, the money is paid when the Deed is delievered for recording, not afterwards. Unless there was some concern that the Deed, as prepared, cannot be recorded and might be required to be done again, you should receive the money when you handed the Deed over. If the attorney is holding the money, in escrow, until the recording, be sure to get a receipt from him. The delievery of the Deed presumes payment, so unless he acknowledges he is holding the money for some reason, I might suspect he is in collusion with your brother to perpretrate a fraud. In many areas it could take months for a Deed to be recorded and returned. I would get the money up front, when you hand them the signed, notarized Deed. Did the attorney ask you to sign a Conflict of Interest letter? To represent both parties to a transaction, even if related, can be an ethical violation in many states, unless both sides agree to the single representation, in writing and after full disclosure. If he did not ask for this, I would also be suspicious of what is going on.

Re: Signing the Warranty Deed

I guess it depends on whether you trust your brother to pay you. Normally you would expect to receive payment once you execute the deed and deliver it to your brother.

Re: Signing the Warranty Deed

Another way is for an independent 3rd party to hold the funds until the deed is returned.

Re: Signing the Warranty Deed

This is a FL question. In NY, title passes when a properly executed and and duly acknowledged deed is delivered to the grantee, and custom dictates that payment is made at that time.

Re: Signing the Warranty Deed

Get the money when the deed, in form to be recorded, is delivered to your brother.