Real Estate Law in South Florida

Understanding real estate law is essential for anyone involved in buying, selling, leasing, or managing property in South Florida. At Mayersohn Law, led by Leah Mayersohn, we provide expert legal guidance to help you through every step of your real estate journey. Contact us at (954) 765-1900 for personalized assistance.

Understanding Real Estate Law in South Florida

Key Aspects of Residential Real Estate Law

Buying a Home 

Purchasing a home is one of the most significant investments you’ll make. Understanding the legalities involved can help you avoid pitfalls and ensure a smooth transaction.

• Contract Preparation and review: A legally binding contract outlines the terms of the purchase, including price, contingencies, and closing date. A real estate attorney can draft and review contracts to protect your interests.
• Title Search and Insurance: Ensuring that the property’s title is clear of liens and encumbrances is crucial. Title insurance protects you from potential legal disputes over property ownership.
• Home Inspections and Disclosures: Florida law requires sellers to disclose known defects in the property. A thorough home inspection can reveal issues that might affect your decision to purchase.

Selling a Home

Selling a property involves several legal considerations to ensure compliance with state laws and to protect yourself from future disputes.

• Disclosure Requirements: Sellers must provide buyers with a disclosure form detailing any known issues with the property. Failure to do so can lead to legal consequences.
• Negotiating Terms: A real estate attorney can assist in negotiating terms of the sale, ensuring that the contract is fair and legally sound.
• Closing Process: The closing process involves the transfer of property ownership, which includes signing documents, transferring funds, and recording the deed. An attorney can oversee this process to ensure everything is handled correctly.

Key Aspects of Commercial Real Estate Law

Leasing Commercial Property

Whether you’re a landlord or a tenant, leasing commercial property involves detailed legal agreements that must be carefully crafted and reviewed.

• Lease Agreements: A detailed lease agreement outlines the terms of the rental, including duration, rent amount, maintenance responsibilities, and renewal options.
• Zoning Laws: Compliance with local zoning laws is essential to ensure that the property can be used for the intended business purpose.
• Tenant Improvements: Lease agreements should specify who is responsible for any improvements or modifications to the property.

Purchasing Commercial Property

Buying commercial real estate requires a thorough understanding of legal requirements and potential risks.

• Due Diligence: This involves a comprehensive evaluation of the property, including environmental assessments, zoning compliance, and financial analysis.
• Financing and Closing: Commercial real estate transactions often involve complex financing arrangements. An attorney can help negotiate terms and oversee the closing process to ensure all legal requirements are met.
• Title and Survey: Ensuring that the title is clear and that the property boundaries are accurately surveyed is crucial to avoid future disputes.

Common Legal Terms in Real Estate Law

• Title: The legal term for the bundle of rights in a piece of property. Title signifies ownership of the property.
• Easement: A right to cross or otherwise use someone else’s land for a specified purpose.
• Encumbrance: A claim, lien, charge, or liability attached to and binding real property.
• Zoning: Laws that regulate the use of land and structures built upon it.
• Contingency: A condition that must be met before a contract is legally binding.

Protecting Your Rights in Real Estate Transactions

Common Issues and Disputes In Real Estate Law

Real estate transactions can sometimes lead to disputes that require legal intervention.

• Breach of Contract: If either party fails to fulfill their contractual obligations, legal action may be necessary to resolve the issue.
• Property Boundary Disputes: Disagreements over property lines can lead to legal battles. A survey and legal counsel can help resolve these disputes.
• Landlord-Tenant Disputes: Issues such as non-payment of rent, lease violations, and eviction can arise in both residential and commercial settings.

Legal Remedies and Solutions

At Mayersohn Law, we offer a range of legal services to address these issues and protect your interests in South Florida Real Estate Law.

• Mediation and Arbitration: These alternative dispute resolution methods can often resolve issues more quickly and cost-effectively than going to court.
• Litigation: When necessary, our experienced attorneys can represent you in court to pursue or defend against legal claims.
• Contract Enforcement: We can help enforce the terms of your real estate contracts to ensure that your rights are upheld.

 

Real Estaet Law Frequently Asked Questions (FAQ)

Question	Answer
What is the importance of a real estate attorney in South Florida?	A real estate attorney ensures that all legal aspects of a transaction are handled properly, protecting your interests and helping to avoid potential legal issues.
What should I look for in a real estate contract?	A real estate contract should clearly outline the terms of the transaction, including the purchase price, contingencies, closing date, and any special conditions.
How can I resolve a property boundary dispute?	A property boundary dispute can often be resolved through a survey, mediation, or legal action if necessary.
What are my rights as a commercial tenant in South Florida?	Commercial tenants have the right to a habitable space, privacy, and to make reasonable modifications, depending on the lease terms.

 

Real Estate Law Resources

Helpful Links and Contacts for South Florida Real Estate Law

Resource Type	Description	Contact Information
Mayersohn Law	Provides expert legal guidance in residential and commercial real estate transactions and disputes.	101 NE 3rd Ave Suite 1250 Fort Lauderdale, FL 33301 Phone: (954) 765-1900 Mayersohn Law
Florida Association of Realtors	Offers resources, education, and advocacy for real estate professionals.	7025 Augusta National Drive Orlando, FL 32822 Phone: (407) 438-1400 Florida Realtors
Broward County Property Appraiser	Provides property appraisals and tax assessments.	115 S. Andrews Ave. Room 111 Fort Lauderdale, FL 33301 Phone: (954) 357-6830 Broward County Property Appraiser
Miami-Dade County Property Appraiser	Provides property appraisals and tax assessments.	111 NW 1st St, Suite 710 Miami, FL 33128 Phone: (305) 375-4712 Miami-Dade Property Appraiser
Community Development Organizations	Influence local real estate through community initiatives and improvements.	Various locations depending on specific organization. Example: Broward Housing Council
Local Real Estate Agents and Brokers	provide assistance with buying and selling residential and commercial properties.	Contact local offices for specific real estate agencies in your area.