South Florida Real Estate Attorneys

Florida does not legally require an attorney to close a real estate transaction; title companies can and do handle many closings. But a title agent's job is to close the deal, not to protect your position. An attorney reviews and negotiates the contract, resolves title and due-diligence issues, and represents only you. For commercial deals, unusual properties, or significant dollars, counsel is strongly advisable.

In a purchase or sale, a real estate attorney reviews and negotiates the contract, examines title and survey issues, manages contingencies and due diligence, reviews lender documents, and prepares or reviews the closing paperwork. The aim is simple: find and fix problems while they are still fixable, and still someone else's responsibility.

It depends on the matter. Straightforward residential closings are commonly handled for a flat fee, while complex commercial transactions and litigation are typically billed hourly. Capital Partners Law provides a clear fee estimate up front, before any commitment.

A title search examines the public records to confirm the seller actually owns the property and to reveal liens, mortgages, easements, judgments, or other claims against it. Resolving those issues before closing protects a buyer from inheriting someone else's legal or financial problem, which is exactly what happens when title work is skipped or rushed.

A quiet title action is a lawsuit that resolves competing claims to a property and establishes clear ownership. It is commonly used to clear old liens and title defects, resolve boundary and ownership disputes, or clean up problems after a tax deed or inheritance, so the property can be sold, financed, or insured.

It depends on why the deal collapsed and what the contract says. If a buyer cancels under a valid contingency such as inspection, financing, or appraisal, the deposit generally comes back. If a party simply defaults, the contract's default provisions control, and the deposit is often the measure of damages. Escrow disputes are common, and the contract language almost always decides them.

It is strongly advisable. Commercial leases are heavily negotiated documents, and terms like rent escalations, CAM charges, maintenance obligations, personal guaranties, renewal options, and default provisions carry major financial consequences for years. Florida law also gives commercial tenants far fewer protections than residential tenants, so the lease is essentially the whole ballgame.

No. Florida repealed its sales tax on commercial rent, known as the "business rent tax," effective October 1, 2025. Rent for occupancy periods on or after that date is no longer subject to the state tax that commercial tenants paid for decades. Rent attributable to periods before the repeal can still be assessed or audited, so older lease files shouldn't be discarded.

Since October 1, 2024, sellers of residential property must give buyers a written flood disclosure under section 689.302, Florida Statutes, covering flood damage, flood insurance claims, and flood-related assistance received. Effective October 1, 2025, the requirement expanded so that landlords leasing residential property for a year or longer and mobile home park owners must now provide flood disclosures as well. Beyond flooding, Florida sellers must also disclose known facts that materially affect a property's value and are not readily observable.

The most common disputes include breach of purchase or lease agreements, escrow and deposit fights, title and boundary conflicts, landlord-tenant disputes, construction and contractor disagreements, and conflicts between co-owners of property. Many resolve through negotiation or mediation; the ones that don't are usually won by the side whose documents were drafted more carefully.