REAL ESTATE

PROVEN EXPERIENCE AND KNOWLEDGE

Real Estate is a valuable asset. So is your attorney.

Our office can assist you with your real estate needs in all of Florida including Miami-Dade County, Broward County, and Monroe County for:

  • Contract negotiations
  • Drafting contract for purchase of residential property, commercial property, and vacant lots
  • Drafting loan documents on behalf of financial institutions and private lenders
  • Title work and closings for residential property, commercial property, and vacant lots
  • Loan modifications
  • Short sale negotiations
  • Transfers of title

Bujan & Marichal Law Group, PLLC is a one stop, full service title insurance, escrow, and closings firm. Our attorneys have been performing title searches, issuing title insurance policies, and doing real estate closings in the State of Florida in excess of 23 years.  Whether you are buying or selling residential or commercial real estate,  are an individual, an investor, a developer, a commercial agent, or a realtor you can rely on our extensive years of experience, knowledge and skills. We will resolve all of your real estate needs in an efficient and cost effective manner. In the real estate business, time is critical.  The timeliness of service can make or break a deal.  Our attorneys and support professionals can produce a closing package within 24 hours from the time a completed request for services is provided to us.

Residential and commercial real estate involve complex sets of laws of which individuals, businesses, investors, developers, lenders, and mortgage bankers and brokers must be aware. It is strongly suggested to hire an experienced Florida Real Estate Attorney on every residential or commercial real estate transaction. You have the right to have an attorney represent your interests, and It is particularly important to have legal counsel on your side as the lender will choose to retain legal counsel to represent it and not you.

PEACE OF MIND COMES AT NO EXTRA CHARGE

You have the choice of hiring either a non-attorney title agency or a real estate attorney to handle your title insurance.  The cost of closing through an experienced real estate attorney is the same as the cost of using a title agent.   While the fees are comparable, the value is quite different.  A real estate attorney is trained in the complexities of real estate law, can examine your title and issue your title insurance policy as well as negotiate contracts on your behalf.  An attorney can also give you legal advise, explain the legal meaning of the documents you will be asked to sign at closing, and resolve title issues. Please remember, an attorney is the only person qualified to give you legal advise.

Bring us the closing cost estimate that has been provided to you by your lending professional, and we will either match or beat said costs.

Although many people will be happy to inject their opinion, an attorney is the only one qualified to give you legal advice, which is just what you need when you’re buying or selling a property.  The truth is, a lot of things can potentially go wrong – before, during and beyond your closing.  Hiring an attorney can help head off issues before they become problems.  By choosing to use our attorneys at Bujan & Marichal Law Group, PLLC, you do yourself the favor of ensuring a smoother transaction.

Whether you’re buying or selling real estate, the earlier in the process an attorney is involved, the better.  Since the purchase contract is a blueprint for closing on your real estate, it dictates in black and white how the rest of the transaction will unfold.  Never sign a contract without your attorney reviewing it.  At the very least, you should write in a contingency clause saying that the contract is valid only with my attorney’s approval.

Someone may tell you that the contract you are signing is standard and customary.  However, since no two real estate properties are alike and no two buyers and sellers are alike, there’s really no such thing as “standard and customary”.

Call us and either bring us or email the proposed contract, and we will review it and go over it with you free of charge, and at no obligation.  This has been, and will continue to be our firm’s policy.

Our attorneys will handle numerous services for you in a timely professional manner:

  • Review the contract, and explain to you all the provisions and contingencies
  • In proper legal language, add any contingencies needed to protect your interests
  • Inform you of your legal rights and obligations
  • Obtain a title search, evaluate the status of the title, and require appropriate legal remedies to clear any defects
  • Check for unrecorded municipal liens
  • Advise you on what the title policy does not protect against, so that you understand any issues with the marketability of the title
  • Prepare or review the closing statement or closing disclosure and other closing documents
  • Interpret and counsel you about all legal documents related to the title and the transaction, including deeds, mortgages, and closing statements
  • Advise you on how you should take title to the home if you’re buying, and how this affects title
  • Prepare a bill of sale to cover personal property such as curtains and appliances that you and the other party agree shall remain in the home
  • Review the property survey and discuss with you any potential problems

Without an attorney by your side you might face issues such as:

  • Unnecessary taxes and expenses because purchase contract terms weren’t negotiated in your favor
  • A contract that isn’t enforceable, complete, or consistent with your original intent
  • Breach of contract caused by a lack of full understanding of the terms and contingencies
  • Lawsuits that can result from not understanding responsibilities for the seller disclosure
  • Finding out someone else has, or is claiming to have, rights to your property
  • Problems with the title that makes it difficult for you to sell the property in the future

Here are some important questions our attorneys can answer for you:

  • Why do I need title insurance?
  • What do I need to know about the property taxes, zoning, or special assessments?
  • How will I handle probate issues?
  • Is the property recorded legal description accurate?
  • How can I simplify a future sale?
  • Are there any legalities preventing me from using the property as I wish?
  • Will the title to the property be marketable if I decide to refinance later?
  • What is the seller’s liability after the sale?
  • Where do I file for homestead exemption?
  • What are the remedies if the seller defaults?

Here are some important questions our attorneys can answer for you:

  • What is the status of my title? Is it free of defects?
  • What is “seller disclosure”?
  • What sort of things do I have to disclose to a buyer?
  • Am I at risk for a lawsuit if I don’t disclose my home’s defects to a buyer?
  • How can I respond to a buyer’s contract contingencies?
  • What if the buyer’s offer is contingent upon the sale of his/her own home?
  • Can the buyer cancel the contract and obtain a return of his deposit if he is denied a loan, and if so under what conditions?
  • What are the remedies if the buyer defaults?
  1. WHAT IS THE NECESSITY OF HIRING A LAWYER AND THE INSPECTION OF THE TITLE?

The title inspection is the revision of the title in the public registry, which may be based on an excerpt from the background of the title or electronic records.

Your attorney examines the information applicable to the title to determine who owns the property, what defects or claims weigh on the ownership, and what actions are necessary to guarantee a sufficient title.

The title inspection may seem like a simple procedure, but it is not. It requires the interpretation of numerous deeds, mortgages, wills and other testamentary documents, judicial opinions,  and other documents.  It requires a consideration of the time sequence of the transactions, the facts that affect the title, and the application of the laws and judicial decisions to the different situations revealed in the title.

The inspection of title requires a complete knowledge of many areas of the law, and also when said laws entered into force or were amended or repealed. The inspection of the title may include the evaluation of several problems, including but not limited to the validity of divorces, the effectiveness of foreclosures, the extent of restrictions, the presence of federal and state withholding rights, and the effect of old claims against the property, documents casting clouds on title.

  1. WHAT IS A TITLE INSURANCE?

It is an insurance policy that protects the insured from any loss resulting from defects in the title of the property.

  1. WHY DO YOU NEED A TITLE INSURANCE?

The advantages of having a title insurance are paramount to protect your property. Your attorney, for a single payment at the time of the purchase of your property, can reinforce the inspection of the title through the issuance of a title insurance policy in your favor. In this policy, the title insurance company makes a contract with you, the insured person designated in the policy, to protect your title against financial losses, unknown interests such as encumbrances or lawsuits, or hidden risks.  These hidden risks or defects,  are claims that may appear even after the purchase is made. If any claim should occur, the title insurance company will defend your title in court if necessary and the insurance will cover the costs of keeping you in possession of your property. Hidden risks could be fraudulent documents, confusion due to similar names, or an error in public records

Another type of policy, is the title insurance of the mortgagee or lender Said policy protects only the owner of the mortgage and not the owner of the property. You should not desist from obtaining property title insurance because the lender has its own mortgage title insurance policy. In fact, obtaining both the property and the mortgagee policies at the same time is not much more expensive than obtaining only one of them.

The lawyer who represents you can explain to you what is the scope of the protection granted by your owner policy more thoroughly. The protection provided by this coverage continues in effect until after you sell the property, so you must keep the policy indefinitely.

Please contact us for a free consultation with our dedicated and knowledgeable attorneys to help you with your legal needs. To schedule a free consultation with one of our attorneys, call us today at (305) 442-1439. To reach us via email, please fill out our online contact form available under the “Contact Us” tab, and a member of our staff will contact you promptly. We look forward to serving you.

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BUJAN & MARICHAL LAW GROUP

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