South Florida Residential Real Estate Lawyer
If you’re buying your first home, selling a rental property, or closing on a condo in South Florida, a real estate transaction can go a lot more smoothly with legal guidance. Our firm assists when things get complicated, too, such as title issues that surface during searches, contracts that need negotiation, or financing contingencies that have deadlines that move fast.
Our South Florida residential real estate lawyer represents buyers, sellers, and lenders in residential transactions across Broward, Miami-Dade, and Palm Beach Counties. We handle contract review, due diligence, title work, and closing, and we serve as an authorized title insurance agent through The Fund with Old Republic Title. With more than 13 years of combined Florida real estate experience, our attorneys bring a business-minded approach to every transaction. Whether you’re a first-time buyer or an investor building a portfolio, reach out to Loshak Law PLLC for a consultation about what your closing will require.
Why Choose Loshak Law PLLC for Residential Real Estate in South Florida?
Florida residential closings can go two ways. Smooth and uneventful. Or full of surprises that could have been caught earlier. Our real estate attorneys in South Florida work to make sure your transaction falls in the first category.
Local Legal Knowledge in South Florida
Our founder, Brandon F. Loshak, built the firm around transactional practice that includes residential real estate closings, commercial transactions, and land use work. He is admitted to the Florida and Texas bars, earned his J.D. at St. Thomas University School of Law, and holds a finance degree from the University of Colorado at Boulder. Brandon carries the AV Preeminent rating from Martindale-Hubbell, the highest recognition for legal ability and ethical standards. Before founding the firm, he practiced at one of the country’s largest law firms, and his background in finance informs how we approach financing contingencies and lender requirements in residential transactions.
Evan C. Leach adds more than 13 years of practice in real estate, business law, asset protection, and complex litigation. A cum laude graduate of the University of Miami School of Law, Evan holds bar admissions in Florida and Massachusetts, which helps when clients relocate between the two states or own property in both.
Authorized Title Insurance Agent
Our firm is approved as an authorized title agent with Old Republic Title through The Fund, which means we handle the title search, title insurance commitment, and title insurance policy issuance in-house rather than relying on outside agents. This keeps closing timelines tighter and reduces handoffs that can slow deals down. We are also approved by local and national lenders to close residential real estate loans.
Transparent Closing Fees
We use flat-fee pricing on most residential closings so buyers and sellers know the legal cost up front. Where a matter involves title curative work or unusual complications, we discuss the additional fee structure openly before the work is done. Clients have closed real estate transactions totaling millions of dollars through our office.
What Clients Say
★★★★★
“Closing on our property was a breeze thanks to Brandon and his team. They had our best interest in mind and I appreciate that they work swiftly, timely and are very professional. I never had an issue getting in touch with them for any questions I had. On other matters, his consultations have been invaluable for getting sound legal advice. Thank you for all your help and expertise!” – Katie Ferrer
Read more reviews on our Google Business Profile.
Types of Residential Real Estate Cases We Handle in South Florida
Residential real estate work covers more than just the signing. Before closing day, there are contracts to negotiate, title searches to clear, financing contingencies to meet, and often a dozen small items to handle before funds wire. Our residential real estate attorneys in South Florida handle the full scope of a transaction.
- Purchase closings. We represent buyers from contract execution through closing, including contract review, title work, financing contingencies, and closing coordination with the lender and seller’s counsel.
- Sale closings. For sellers, we handle title clearance, seller disclosure obligations, lender payoff coordination, and closing documents. Getting existing mortgages, liens, and municipal assessments paid off at closing is where most complications arise.
- Title insurance. As an authorized agent, we issue owner’s title insurance policies and lender’s title insurance policies through Old Republic Title as part of the closing package.
- Real estate property closing. For buyers, sellers, or lenders who want closing services rather than full representation, we handle closing-only engagements.
- Condo closings. Condominium purchases involve additional due diligence, including estoppel letters, association approval, assessment reviews, and milestone inspection compliance under recent amendments to Florida condominium law.
- Refinancing and home equity loans. Existing owners refinancing or adding a HELOC need counsel on the new mortgage documents and lien priority. We handle the closing on behalf of the borrower or the lender.
- For Sale By Owner (FSBO) transactions. Buyers and sellers without a broker still need contracts, title work, and a closing. We draft the purchase contract and handle everything typically coordinated by a title company.
- Title curative work. When a title search reveals clouds such as old liens, probate gaps, scrivener’s errors in prior deeds, or missing signatures, we handle the curative work to clear title before closing.
- Investment property closings. Rental investors and house flippers close frequently, often through LLCs. We coordinate the closing with the business formation or existing entity structure. Investors whose portfolios also include commercial real estate or real estate development projects get coordinated counsel across residential and commercial matters.
- Deed transfers between family members. Quitclaim and warranty deeds between spouses, between parents and children, or into a trust often require specific language and proper execution. We prepare and record these correctly.
Florida Legal Requirements for Residential Real Estate
Florida’s framework for residential real estate combines deed and conveyance law, condominium and HOA rules, and consumer protection disclosure requirements from both state and federal regulators.
Deeds and transfers of real property in Florida are governed by Chapter 689 of the Florida Statutes, which covers conveyances of land and declarations of trust. Real property conveyances must be in writing, signed in the presence of two subscribing witnesses, and recorded in the county where the property is located. Warranty deeds under § 689.02 are the typical instrument used in Florida residential closings, though quitclaim, special warranty, and personal representative deeds also come up depending on the facts.
Condominium purchases are subject to the Florida Condominium Act at Chapter 718. The Act covers association governance, assessments, reserve funding, and, following major amendments after the Surfside building collapse, milestone structural inspections and structural integrity reserve studies for buildings three stories or more and at least 30 years old. Buyers of condo units also receive mandatory disclosures with specific cancellation rights.
Homeowners’ associations fall under the HOA Act at Chapter 720. Buyers of homes in an HOA community receive mandatory disclosure summaries and have statutory rights regarding estoppel letters and document inspection before closing.
Federal consumer protection rules apply to any closing with a consumer mortgage. The Consumer Financial Protection Bureau administers the TILA-RESPA Integrated Disclosure requirements, which set the loan estimate and closing disclosure rules that replaced the older HUD-1 settlement statement. The HUD homebuyer page also publishes resources relevant to FHA-insured loans, first-time buyer programs, and fair housing rights.
Important Aspects of a South Florida Residential Real Estate Case
Every closing is different, but a handful of components come up in almost every Florida residential transaction. Our South Florida residential real estate attorney focuses on these from the first contract through recording.
Purchase Contract Review
Most Florida residential purchases use a standard form contract such as the FAR/BAR As Is contract. Standard does not mean neutral. The contract contains critical deadlines, default provisions, inspection periods, financing contingencies, and closing logistics that should be reviewed before signing. Once executed, timelines start running, and missed dates can cost deposits.
Title Search and Title Insurance
A title search identifies the current ownership of record and any encumbrances, such as mortgages, judgment liens, tax liens, easements, or restrictive covenants. Title insurance protects the buyer and lender against undiscovered defects after closing. Owner’s title insurance is a one-time cost paid at closing that runs for as long as the buyer owns the property.
Financing Contingencies and Closing Disclosure
Most residential purchases involve a mortgage. The loan estimate issued early in the process and the closing disclosure issued three business days before closing are federally required. Buyers should compare the estimate to the final disclosure and raise questions about any meaningful differences before signing at the closing table.
Property Condition Disclosures
Florida requires sellers of residential real property to disclose known material defects that materially affect the value of the property and are not readily observable by the buyer. The Florida Supreme Court’s Johnson v. Davis decision remains the foundation for seller disclosure obligations in residential transactions. Failing to disclose known material defects creates post-closing liability for sellers.
Condominium and HOA Due Diligence
Condo and HOA properties add layers of review. Estoppel letters confirm the current status of assessments and dues. Association budgets and reserve studies show financial health. Milestone inspection reports for older condo buildings disclose structural condition. Buyers should review all of these before the inspection period expires.
Closing and Recording
At closing, the deed is signed and notarized, funds are wired, and the closing package is sent to the county clerk for recording. Proper recording establishes the buyer’s title in the public records. Documentary stamp taxes and, if applicable, intangible taxes on the mortgage are paid as part of the recording process.
Contact Loshak Law PLLC
If you’re under contract, preparing to list a property, refinancing an existing loan, or dealing with a title issue, early legal involvement usually smooths the timeline. Our residential real estate attorneys serve clients throughout Broward, Miami-Dade, and Palm Beach Counties from offices in Fort Lauderdale and Hollywood. Contact us to schedule a consultation. During that first conversation, we will review your contract or situation, identify the issues to address before closing, and discuss fees openly. Put the experience of the attorneys at Loshak Law PLLC to work on your next residential closing.
