Why Having a Real Estate Attorney Matters in Florida Closings (What Buyers & Sellers Overlook)
Buying or selling a home feels like a whirlwind—you sign a stack of papers, exchange keys, and celebrate. But hidden in that paperwork are legal details that can cost you thousands if they’re missed. That’s where a real estate attorney comes in.
Think of it like car insurance vs. title insurance:
Car insurance protects your future.
Title insurance protects your past.
An attorney makes sure the past is crystal clear before you take ownership.
Title Insurance: Protecting Your Investment
Most people don’t realize that title insurance isn’t about what might happen—it’s about what already happened.
Your attorney and title team research:
Old liens or unpaid debts
Boundary or survey issues (like that pool built on the neighbor’s lot!)
Ownership claims from previous sellers
Without this, you could buy a home and later discover a $15,000 tax bill or a surprise lien.
Contracts: Realtors Aren’t Attorneys
Realtors do an amazing job negotiating and filling in standard forms. But here’s the limit: they can’t give legal advice.
Example:
A seller needs to rent the home back for 2 months after closing.
A buyer thinks “furnished” includes all furniture—seller thinks just the sofa.
These gray areas belong in legally drafted terms. Otherwise, you risk disputes (and big expenses).
Real Story: A Tax Bill Almost Missed
On one of my own transactions, the closing paperwork was written using outdated raw land tax numbers. If we hadn’t caught it, the buyer would’ve been hit with a $13,000 surprise tax bill a month later. With the right attorney and team, we fixed it before closing—avoiding a nightmare for everyone.
Who Picks the Title Company?
In Florida, it often depends on the county:
Palm Beach County: Seller usually chooses and pays for the owner’s title policy.
Other counties: It may be different.
But buyers still have their own title costs, and waiving an owner’s title policy is a huge mistake. It’s your protection against hidden claims.
Pro Tip
Keep your owner’s title policy in a safe place! If you sell within 3 years, you may qualify for a reissue credit—like a coupon that lowers your costs on the next deal. Refinance anytime during ownership and the owners policy will get you reissue credits as well!
Key Takeaway
A smooth closing isn’t just luck. It’s the result of having the right team—your realtor, lender, and yes, an attorney—working together to protect you. You may not “need” an attorney when everything goes smoothly, but when the bumps show up, you’ll be glad you had one in your corner.
Watch the video here:
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Disclaimer: This content is for educational purposes only and not a commitment to lend. Interconnect Mortgage — NMLS 1720882. Check licensing at NMLS Consumer Access.
