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Real Estate Law
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Real Estate Lawyers Provide Many Benefits
Our attorneys at James Brown Law are seasoned in assisting with real estate transactions, permitting, leases, commercial transactions & business support services, real estate litigation, and investor services. They understand the complexities of real estate law and can negotiate a contract on your behalf, give legal advice, and explain the meaning and detail of all of your real estate transaction documents.
Real Estate Transactions
While our affiliate title company, New Path Title, is equipped to handle all title and closing services, an attorney at James Brown Law can also provide services such as:
- Represent buyers, sellers, lenders, and borrowers in residential and commercial real estate transactions
- Perform due diligence for small and large-scale real estate and business purchases
- Negotiate, review, and draft residential and commercial real estate contracts and option agreements
Permitting & Development
Need assistance obtaining building permits so the property may be developed? Need to close open or expired permits so a property may be sold or further developed? Whether providing services for permitting or obtaining land use and development entitlements, James Brown Law has the experience and know-how to help navigate the often confusing world of permitting and property development. We can assist in:
- Obtaining land use and development entitlements
- Negotiate, review, and draft developer and development agreements
- Negotiate public/private partnership agreements with governments and quasi-governmental entities pertaining to real estate and development
- Rezoning and variances, including code enforcement issues
- Draft, negotiate, and review easements and rights of way
Leases
James Brown Law can negotiate, draft, and review residential and commercial leases, as well as representing landlords and tenants in evictions and lease breach lawsuits. Trust an experienced attorney to protect you in all manner of lease transactions.
Commercial Transactions & Business Support Services
Starting a new business or purchasing an existing business? There are numerous aspects of commercial transactions that will benefit from the use of an attorney. An attorney from James Brown Law can help you form and maintain:
- Limited liability companies
- Corporations
- Partnerships
- Limited partnerships
- All related entities
We can also review, negotiate and close the purchase and sale of businesses, business assets, business interests, stock, and membership interests.
Mortgage Default Resolution, Short Sale, Foreclosure Defense, Mortgage Modification
An experienced Florida real estate lawyer from James Brown Law can help negotiate mortgage debt liability including conducting foreclosure defense, short sales, deeds in lieu of foreclosure, and mortgage loan modifications. We also represent borrowers in the negation of post-judgment and short sale deficiency liability against institutional lenders and third-party debt collectors.
Real Estate Litigation
Real estate litigation requires experienced and qualified professionals who understand the intricacies of your transaction, financing, and ownership structures as well as the unique rules and regulations that apply to real estate to help clients achieve their objectives in the most efficient manner possible. At James Brown Law we can assist with:
- Litigating contract and business disputes
- Performing Quiet Title actions to obtain marketable title to real estate purchased in tax certificate foreclosures and tax deed sales, or for any other reason
- Partnerships
- Conducting partition lawsuits for disputing landowners
- Litigating mortgage foreclosure suits for large and small-scale lenders
Investor Services
Purchasing real estate as an investment is a complex experience, so why not benefit from the guidance and experience of an established real estate lawyer? James Brown Law will assist you in conducting due diligence and provide multiple loan resolution options and analysis for investors of defaulting mortgages and notes. We can also draft loan agreements, mortgages, and promissory notes for commercial and residential loans and handle your 1031 exchanges.
Frequently Asked Questions
In Florida, after a real estate deal is done, a buyer might be able to sue the seller if they believe the seller failed to disclose an issue that impacted the value of the property before closing. If the seller intentionally hid important problems with the property or didn’t tell the buyer important information that would have affected their decision to buy, then the buyer might have a reason to sue.
Similarly, if the seller said things about the property that turned out to be untrue and the buyer lost money because of it, they might have a case. If you believe you have been defrauded in a real estate transaction, please contact us to help you understand the legal rules and potential outcomes to expect.
Both buyers and sellers have to pay closing costs in Florida. For sellers, this typically amounts to between 5% to 10% of the sales price and covers expenses like real estate commissions and the cost of transferring the deed to the home.
Note, however, that buyers also pay some closing costs when purchasing a home in Florida. Some of the closing costs a seller is responsible for are:
- Real estate commission (up to 6% of purchase price)
- Transfer taxes/documentary stamp (selling price of the home divided by 100, then x .7)
- Promissory note (mortgage amount divided by 100, then x .35)
- Intangible tax (promissory note amount x .002)
- Title search fee ($1,500- $2,200)
- Property taxes (since these are paid at the end of the year, sellers may need to pay back the buyer for the part of the year they were living there)
If you buy a house and discover something is wrong, there are a few things you can do, namely:
- Review the purchase agreement you signed when buying the house for any clauses or provisions related to disclosures, warranties, or representations made by the seller. With this, you can determine if you have grounds to seek remedies for the problems you discovered.
- Contact the seller to let them know the problem you discovered. It is best to do this in writing and to also document your communications. Also, if you purchased a home warranty, you may want to review the terms and conditions of the policy, as home warranties typically provided coverage for certain repairs within a specified time frame.
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