Real Estate Law
Laws pertaining to buildings and the land beneath them are known generally as real estate law. These laws govern the transmission of property from one party to another (a sale), a dispute arising over who owns or has the right to use the land or the buildings on it , or the laws and regulations that decide how property can be used (known as zoning).
Due to the immense amount of money typically involved when real estate is being sold, rented, or built on, mistakes can be extremely costly. Whenever conducting a real estate transaction of any kind, it is prudent to contact a local and knowledgeable trail attorney to review and oversee the transaction to ensure that everything is done legally and that you are protected from any unexpected fallout.
Some Examples of Real Estate Law:
Oldham & Delcamp has experience in each of these areas of real estate law. We conduct real estate closings, issue title insurance, and have represented clients in numerous escrow, boundary, and contract disputes.
When a tenant fails to fulfill their obligation to pay the rent they owe, a landlord can file a complaint with the court in order to recover damages. A landlord can evict a tenant and receive possession of their property back and also recover the rent they are owed (monetary damages).
While circumstances may change the specific numbers involved, an eviction in Florida follows this procedure:
1. Complaint is filed with the relevant county court. A copy of the lease (if written) is attached to the complaint. This complaint alleges the damages they incurred and the relief they are seeking. An applicable notice is also filed with the court.
2. The complaint is served to the defendant by a certified process server.
3. The defendant has a given time period in which to respond.
- If the defendant fails to respond in the given time period, the plaintiff files for a motion for clerk’s default.
- If the motion for clerk’s default is granted, the plaintiff files for a default final judgment, wherein the plaintiff is granted the relief they asked for in the complaint.
2. If the defendant responds to the complaint and deposits the money they owe the landlord, further litigation will occur. This is highly specific to each case, so no generalization will be accurate.
Real Estate Closing
The purpose of a closing for a real estate transaction is the transfer of title from buyer to seller. To accomplish this, a sales contract must be signed, the necessary funds must be collected, and documents executed and recorded. In many cases, an owner and/or lender’s title insurance policy is issued.
Closing transactions in Florida may be conducted by a title insurance agent, notary, and/or trial attorney. These individuals facilitate the closing process and hold your funds in escrow until its time for disbursement.
What is Title?
Title is the ownership basis of real estate and represents your legal right to use, control, possess, and transfer possession of the property. “Clear Title” refers to a person’s ability to transfer title of a property freely without being beholden to any other party.
There are many circumstances which may inhibit a party from transferring their ownership of a property, such as unpaid property taxes, a lien (such as a mortgage or an unpaid debt arising from certain kinds of work done to the property), or an easement. This is not an exhaustive list by any stretch.
Determining if a person possesses “Clear Title” to a property (or how they can transfer the property despite any title defects) is a difficult process that should only be undertaken by professionals. If done improperly, property can be erroneously transferred without resolving the defects, which can render the new or previous owners liable to civil suit.
Therefore, many people obtain Title Insurance in order to protect themselves.
Role of Title Insurance
Title Insurance protects you and/or your lender from old claims, rights, and debts others may have to the property. There are two types of title insurance available for purchase – lenders and owners policies.
Prior to issuing a title insurance policy the title agent will conduct a title search, review its results, and inspect for potential defects such as liens or easements. However, thorough searches still are not guaranteed to uncover every defect. These defects present a risk to your free and clear ownership of the property. Title insurance protects you against these risks.
If after purchasing property, if your title is challenged, your title insurance will defend your title and pay the costs of doing so, including losses that may result.
Role of the Title Agent
Your title agent will:
Benefits of choosing a law firm/attorney to handle your closing
By choosing to have a law firm handle your closing, you receive the benefit of having an experienced and knowledgeable lawyer involved in your closing. The attorneys at Oldham & Delcamp can assist you in working through the real estate closing process, advise on the intricate contracts, and handle communication among parties.
Commonly Used Terms
Call to Discuss a Potential Real Estate Case
For a free consultation with one of Oldham Delcamp’s top-rated real estate lawyers, call us today at 727-610-6459 or fill out our form! We can also help with business law, criminal law, real estate law, or act as your personal injury attorney, civil mediation attorney and probate attorney. We can also help as your slip and fall lawyer, DUI law and auto accident attorney.
Oldham & Delcamp is a member of the Attorney’s Real Estate Council of Broward County, is also currently on the Board of Directors of the Broward County Bar Association, and is the former chair of the Real Property section.
When your freedom is on the line, you need an attorney that is aggressive, responsive, and experienced. Oldham & Delcamp is committed to making sure that each of our clients receives the personalized attention of one of our attorneys.