Florida Residential Transaction Attorneys

Lopez Law Group represents buyers, sellers, and property owners in residential real estate transactions across Florida, handling the contract review, title analysis, closing preparation, and post-closing disputes that title companies and real estate agents are not licensed to address. While Florida does not require an attorney at closing, the legal complexity of a residential transaction, from contract contingencies to title defects to seller disclosure obligations, creates risk that only legal representation resolves. Our Florida residential real estate lawyers serve clients from our St. Petersburg, Bradenton, and Tampa offices. Consultations for real estate matters are paid. Call (727) 933-0015 to discuss your transaction and current rates.

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On This Page

• Why Do Florida Buyers and Sellers Choose Lopez Law Group for Residential Transactions?
• What Does an Attorney Review Before Closing?
• What Are a Seller’s Disclosure Obligations in Florida?
• How Does Lopez Law Group Handle Title Defects?
• Ask Lopez Law Group
• Common Florida Residential Transaction Questions Answered by Our Attorneys
• Start Your Florida Residential Transaction With Legal Guidance

Why Do Florida Buyers and Sellers Choose Lopez Law Group for Residential Transactions?

In Florida, a title company, rather than an attorney, may handle closing. But that arrangement only works until something goes wrong. Title companies facilitate paperwork and issue insurance policies. They do not represent either party, do not provide legal advice, and do not negotiate contract terms on a buyer’s or seller’s behalf. Lopez Law Group acts as a legal advocate for one party throughout the deal. Our residential real estate attorneys review the contract, analyze the title commitment, attend the closing, and remain available when post-closing issues surface. That level of involvement matters when a title search reveals a lien from a prior owner, when a seller’s disclosure omits a known defect, or when a financing contingency deadline passes without resolution.

What a Title Company Does vs. What Lopez Law Group Does

Title companies perform title searches, issue title insurance commitments, prepare closing documents, and manage escrow disbursements. These are administrative and insurance functions. A title company may not advise a buyer to reject unfavorable contract terms, negotiate a credit for a discovered defect, or represent a client in a dispute over earnest money. Our attorneys review the same documents with a different question: does this protect our client? That review extends to contract terms the title company has no authority to change, disclosure obligations the title company has no duty to evaluate, and post-closing remedies the title company has no role in pursuing. Lopez Law Group also serves as escrow agent when the transaction structure requires a neutral, regulated custodian for the earnest money deposit.

When Legal Representation Becomes Necessary

Certain transaction types carry enough legal complexity that proceeding without an attorney creates measurable risk. Residential transactions that benefit most from attorney involvement include the following:

• For-sale-by-owner (FSBO) purchases: no listing agent manages the contract process, leaving both parties responsible for drafting or reviewing their own agreement
• Properties with title defects: unresolved liens, outstanding mortgages, boundary disputes, or ownership claims from prior transactions
• Estate sales and probate transfers: properties sold from an estate or trust where authority to sell, creditor claims, and beneficiary interests must be verified
• Short sales and foreclosure purchases: complex approval processes, additional lender requirements, and contract terms that differ significantly from standard residential forms
• New construction contracts: builder agreements favor the builder and often contain provisions limiting the buyer’s inspection rights, timeline remedies, and warranty claims

Lopez Law Group handles each of these transaction types from our St. Petersburg, Bradenton, and Tampa offices. Proceeding without legal review in any of these scenarios may result in problems that cost far more to resolve after closing than an attorney review would have cost before it.

What Does an Attorney Review Before Closing?

A residential transaction attorney reviews every document that affects ownership rights, financial obligations, and the buyer’s or seller’s legal exposure. That review begins with the purchase contract and continues through the closing disclosure.

Purchase Agreement Analysis

Florida residential transactions commonly use standard form contracts from the Florida Realtors association and the Florida Bar. These forms contain provisions governing financing contingencies, inspection rights, closing deadlines, escrow deposit procedures, title insurance requirements, and default remedies. Addenda, riders, and handwritten modifications to standard forms require particular attention. Those provisions often carry the most risk and receive the least scrutiny from parties who assume the form contract covers everything.

Title Search and Title Commitment Review

A title search examines the property’s ownership history through public records to identify liens, encumbrances, easements, and potential claims against the title. The title commitment, issued by the title insurance company, lists the conditions that must be met before the insurer provides coverage. An attorney reviews the title commitment to determine whether the exceptions listed, meaning the items the title insurer will not cover, create unacceptable risk for the buyer. Common exceptions that require attention include outstanding mortgages not yet satisfied, homeowners’ association (HOA) or condominium association liens, tax liens, judgment liens against prior owners, and unrecorded easements affecting property use.

Closing Disclosure and Settlement Statement

The closing disclosure itemizes every cost associated with the transaction, including lender fees, title insurance premiums, recording fees, prorated taxes, and HOA assessments. Errors on the closing disclosure may result in overpayment, miscalculated prorations, or charges that were not part of the agreed terms. A Florida residential transaction lawyer reviews the closing disclosure against the contract to confirm that the numbers match the deal. Call (727) 933-0015 to discuss your upcoming transaction. Consultations for real estate matters are paid.

What Are a Seller’s Disclosure Obligations in Florida?

Florida sellers are legally required to disclose known material defects that are not readily observable to a buyer. This obligation comes from the Florida Supreme Court’s decision in Johnson v. Davis, which eliminated the “buyer beware” standard for residential transactions.

What Sellers Must Disclose

A material defect is a condition that affects the property’s value, desirability, or safety. Examples include roof leaks, foundation cracks, plumbing system failures, mold, electrical problems, pest infestations, and boundary disputes. If the seller knows about a condition that a buyer would not discover through ordinary observation, the seller must disclose it. Florida law also requires specific written disclosures for certain conditions:

• Radon gas: § 404.056(5) requires every residential real estate contract to include a radon gas disclosure statement
• Ad valorem tax increases: § 689.261 requires sellers to inform buyers that property taxes may increase substantially after purchase, particularly when the property previously had a homestead exemption
• Lead-based paint: Federal law requires sellers of homes built before 1978 to disclose known lead-based paint hazards and provide buyers with a 10-day inspection opportunity
• Subsurface rights: § 689.29 requires disclosure when the seller or a related entity has severed or retained, or will sever or retain, subsurface rights or a right of entry

Failure to disclose a known defect may expose the seller to a rescission claim or a lawsuit for damages, even when the contract contains an “as-is” provision. The “as-is” designation limits the buyer’s right to demand repairs. It does not eliminate the seller’s obligation to disclose known material defects.

What Happens When a Seller Fails to Disclose a Known Defect?

A buyer who discovers an undisclosed defect after closing may pursue legal remedies including rescission of the contract or a claim for monetary damages. The four-year statute of limitations for fraud runs from the date the buyer discovers the defect, not from the closing date. A residential transaction attorney in Florida evaluates whether the evidence supports a claim and whether the cost of litigation is proportionate to the damages.

How Does Lopez Law Group Handle Title Defects?

Title defects are problems in the chain of ownership that affect the buyer’s ability to receive clear, insurable title. These defects range from clerical errors that are easily corrected to ownership disputes that require litigation.

Common Title Defects in Florida Residential Transactions

Title defects appear in a significant number of Florida residential transactions. Some are resolved quickly. Others delay or cancel closings. Common title defects include:

• Outstanding mortgage liens from prior owners who refinanced or sold without proper payoff
• Judgment liens recorded against the property’s address
• HOA or condominium assessment liens
• Child support liens
• Unpaid property tax liens
• Errors in legal descriptions on prior deeds
• Missing signatures on recorded documents
• Ownership claims from heirs or former spouses who were not included in a prior conveyance

Identifying the type of defect is the first step to resolving it before closing.

Resolving Title Defects Before Closing

Our residential real estate attorney identifies title defects through the title search and commitment review, then works to clear them before closing. Resolution methods depend on the type and severity of the defect. Minor defects, such as a clerical error in a prior deed or a satisfied mortgage that was never formally released, may be resolved through a corrective affidavit or a release document from the prior lender. More complex defects, including competing ownership claims or unreleased liens from defunct lenders, may require a quiet title action, which is a court proceeding that establishes clear ownership. The cost of resolving a title defect before closing is almost always lower than the cost of discovering it after the property has changed hands.

Ask Lopez Law Group

My home closing is next week and my real estate agent says I do not need an attorney. Is that accurate?

Technically, yes. Florida does not legally require an attorney at closing. However, your real estate agent is not licensed to provide legal advice about contract terms, title exceptions, or closing disclosure errors. An attorney review of the closing documents identifies issues that may affect your ownership rights or financial obligations.

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I am buying a home in Florida and the title search found an old lien. Does that stop the closing?

Not necessarily. An outstanding lien does not automatically stop a closing, but it must be resolved before clear title transfers. The seller is typically responsible for satisfying the lien or negotiating a payoff with the lienholder. If the lien involves a defunct lender or a disputed amount, resolution may take additional time or legal intervention.

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The seller checked “no known defects” on the disclosure form, but I found mold after moving in. What are my options?

If the seller knew about the mold and failed to disclose it, you may have grounds for a claim under Florida’s disclosure requirements. The “as-is” provision in a Florida contract does not shield a seller who actively concealed a known defect. An attorney evaluates the evidence of the seller’s knowledge, the extent of the damage, and whether pursuing a claim makes sense.

Common Florida Residential Transaction Questions Answered by Our Attorneys

How much does an attorney charge for a Florida residential closing?

Attorney fees for residential closing representation vary based on the complexity of the transaction, whether the attorney is also conducting the title search, and whether any disputes or title defects require additional work. Lopez Law Group provides fee estimates during the initial consultation so clients understand costs before committing.

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What is the difference between a title search and title insurance in Florida?

A title search is a review of the property’s ownership history through public records. It identifies liens, encumbrances, and potential claims. Title insurance is a policy that protects the buyer or lender against losses arising from title defects that were not discovered during the search. The title search identifies known problems. Title insurance covers certain hidden title problems.

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Do I need an attorney if I am selling my Florida home through a real estate agent?

An attorney is not legally required. However, the listing agent represents the seller’s interest in marketing and negotiating the sale, not in reviewing the legal terms of the contract, evaluating title issues, or advising on disclosure obligations. Sellers with complex title histories, properties held in trusts, or transactions involving multiple parties may benefit from legal representation.

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What happens to the earnest money deposit if a Florida home sale falls through?

The disposition of the earnest money deposit depends on the contract terms and which party is responsible for the failed transaction. If the buyer exercised a valid contingency, such as a financing or inspection contingency, the deposit is typically returned. If the buyer defaulted without a valid contingency, the seller may claim the deposit as liquidated damages.

Start Your Florida Residential Transaction With Legal Guidance

A residential real estate transaction is one of the largest financial commitments most people make. The contract terms, title history, disclosure obligations, and closing documents behind that commitment carry legal consequences that outlast the transaction itself. Lopez Law Group’s residential real estate attorneys represent buyers, sellers, and property owners in transactions and disputes throughout Florida. We review contracts before you sign, clear title defects before they delay closing, and resolve disputes when deals go wrong. Call (727) 933-0015 to discuss your transaction, current rates, and next steps.

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