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On one of my own transactions, the closing paperwork was written using outdated raw land tax numbers.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.

Curious About Your Own Closing?

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Connect With Our Guest Expert

Special thanks to Anila Rasul, Esq., owner and lead attorney of ASR Law Firm in Boca Raton, FL.

📍 Serving clients throughout Florida, from the Panhandle to the Keys.

📞 Phone: 561-961-8695
📧 Email: [email protected]
🌐 Website: https://asrlawfirm.com

Watch the video here:

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Frequently Asked Questions About Florida Real Estate Closings

Q: Do I need a real estate attorney to buy a house in Florida?
A: While Florida doesn’t require every homebuyer to hire an attorney, having one protects you from surprises like hidden liens, survey issues, or unclear contract terms. An attorney is the only professional who can give you legal advice during closing.

Q: What does title insurance in Florida actually cover?
A: Title insurance protects you against past problems with the property, such as unpaid liens, ownership disputes, or mistakes in public records. It’s very different from homeowners insurance, which covers future risks.

Q: Who picks the title company in Florida?
A: It depends on the county and what’s written in your contract. In Palm Beach County, for example, the seller usually chooses and pays for the owner’s title policy. In other counties, it may be the buyer.

Q: How are closing costs different when I have an attorney?
A: Your overall closing costs won’t dramatically change, but an attorney reviews the closing statement to catch errors, ensure credits are applied, and confirm you’re not overpaying. That extra set of eyes can save you money and stress.

Q: What are the most common real estate closing mistakes in Florida?
A: Some of the biggest issues include: vague contract terms, skipped owner’s title insurance, tax prorations calculated incorrectly, and buyers doing repairs before they own the property. An attorney helps you avoid these pitfalls.

Disclaimer: This content is for educational purposes only and not a commitment to lend. Interconnect Mortgage — NMLS 1720882. Check licensing at NMLS Consumer Access.