Joe Miklas, Attorney

Real Estate Frequently asked questions

Why retain the services of a Real Estate Attorney?

A real estate attorney can provide counsel and advise. In fact, when legal issues arise, an attorney is the only one qualified and authorized to resolve them.  An attorney can instill confidence in all the parties involved, explain figures on the closing statement and the results of the title examination, and provide insight and advice on any legal issues that may surface during negotiations in  advance of closing.   These legal precautions help  minimize the risk of issues arising on the day of closing and slowing down or stopping the process.  Plus, the attorney will prepare all the title insurance and closing documents necessary to make the day go smoothly.  A real estate attorney can assist in advising you on how title should be taken, how to get a homestead exemption and how the purchase could effect your estate.  In fact, throughout the transaction process, an attorney can answer all of the usual or not so usual, legal questions that arise.

Why do I need title insurance?

Title insurance protects against financial loss if any of the purchased property rights, as insured, are ever challenged.  But the buyer must have an owner's title insurance policy in addition to the mortgagee policy the lender will require.  And, of course, the owner's policy will give protection only within the limits of the policy's coverage.  That's why it's always wise to have a real estate attorney prepare the owner's title policy.  As a professional who is trained in the complexities of real estate law, a real estate attorney can offer you the security before purchasing a piece of property.

Isn't it more expensive to hire an attorney for closing?

When a real estate attorney functions as the title agent and closing agent, providing title insurance as well as settlement services, they typically cost no more than a non-lawyer title company.  Which means you get all the services you expect from a title company and the added value of the legal expertise to handle any issues that may come up.  It just makes sense to start a relationship with the people who can best provide legal advice and title insurance.  Title insurance rates are promulgated by the Insurance Commissioner for the State of Florida.