Our law firm represents individual and business clients in various transactional and litigation matters arising out of real estate purchase, sale or lease. Clients interested in investing in real estate in the state of Florida should always consult an attorney before signing any agreements or contracts. The same rule applies to anyone wanting to sell property.
We have provided services in the following areas: seller financing, lease to own, land trusts, lease agreements, contract negotiations, closing review, city and county code violations and much more.
We help clients in the most unique situations.
Many domestic and international investors perceive buying real estate in the state of Florida as a safe and low-risk investment, but do not necessary know local customs, state laws or which course of action to take given their particular situations. We enjoy working with clients and understand the importance of providing specialized service to those who need a little extra attention.
Areas of Real Estate Services Include:
- Drafting Real Estate Purchase Contracts
- Negotiating Real Estate Purchases/Sales
- Drafting Private Mortgage Documents
- Promissory Notes
- Land Trust Documents
- Closing Legal Assistance
- Review of Documents
- Real Estate Related Lawsuits
- Government Permits
A case where the buyer does not have the credit history needed to obtain financing from a banking institution, for example a newly established corporation, the buyer and seller can work out an agreement to have the seller act as the buyer’s lender. An attorney can draft the documents necessary, which will enable the buyer to pay over a period of time, rather than have to come up with the entire sum or in the case of a new business, avoid having the owner individually co-sign on the mortgage. Some property sellers are open to these types of agreements, particularly if the property has been on the market for quite a while or is hard to sell because of its unique qualities.
Lease to Own
This is a good option for sellers who want to sell a hard to sell property but do not want to go through a foreclosure process in case the buyer defaults on payments. The buyer and seller sign an agreement, drafted by an attorney, which specifies the terms of payment and acquisition of the real estate property. But, because the seller retains the title to the property during the pay off period, the seller is protected from having to spend a lot of money in case the buyer stops making payments as promised. Call us today to schedule a consultation if this is something you are considering.
A land trust is a very unique instrument, which can be used to protect the owner’s privacy, protect him or her against frivolous lawsuits. A land trust is also is a great alternative to traditional seller financing and lease to own arrangements. Florida is one of a few states that allows land trusts to be established and many attorneys do not know very much about them.
A land trust should not be confused with a traditional trust, the two are different. A land trust can only hold real property. The trustee has legal ownership of the real estate, allowing the trustee to manage, sell, sublease and make all sorts of necessary decisions on behalf of the property. The beneficiaries have equitable ownership, which means that the beneficiaries are entitled to the actual benefit of the real property such as proceeds from the sales, leases, etc. The beneficiaries usually have a beneficiary agreement, which specifies what percentage of ownership each beneficiary has, who may become a beneficiary and any other specifics the beneficiaries may want to include. The beneficiaries’ ownership is a personal property right rather than ownership in real property, this can significantly limit the beneficiaries’ individual liability if someone, for example, gets injured on the property.
Another great benefit to having property in a land trust is that the owners’ names do not come up in public records. Since the beneficiaries are only named in the private trust documents that are never recorded, the only information the public sees is the name of the trust when they look up the property in the county public records.
Call us today to discuss this unique alternative available in the state of Florida.