Why Hire an Attorney When Buying or Selling a Home in Florida?

Ernest W. Sturges, Jr. • Apr 13, 2023

Buying or selling a home, for most people, is one of the largest financial transactions they will ever make. Having an experienced real estate attorney on your side for a life-changing transaction protects you and your family, and also provides peace-of-mind. An experienced real estate attorney will assist you from making costly mistakes, all the way from the drafting of your initial sales contract all the way through closing.


How Exactly Will a Real Estate Attorney Help Me?


The highly experienced real estate attorneys at Goldman, Tiseo & Sturges, P.A. will advise you at every turn of your real estate transaction. We represent buyers, sellers, and lenders. While the State of Florida does not require the hiring of an attorney to assist with a real estate transaction, an experienced real estate attorney will protect you from unforeseen issues that may arise during your real estate transaction. Hiring an experienced real estate attorney early in the transaction process protects you from beginning to end. Oftentimes, people seek the assistance of a real estate attorney AFTER a contract is signed or a problem arises – when the hiring of an experienced real estate attorney at the start of the transaction likely would have avoid the problem from ever arising.  For most transactions, the cost of retaining a real estate lawyer to guide you through the transaction is less than 1% of the purchase price.


The Role of Your Real Estate Lawyers vs. the Role of Real Estate/Closing Agents:

 

Simply put, your real estate attorney’s only job is looking out for you and your interests. A realtor or closing agent’s job is to close a real estate transaction.

Problems an Experienced Real Estate Attorney Can Help You Avoid

 

Having an iron-clad contract in place


Realtors can certainly assist buyers and sellers with filling out form and template real estate contracts. However, an experienced real estate attorney can assist with more complex contracts, or providing contingencies within your contract should otherwise unforeseen circumstances arise which were outside your control. Additionally, form contracts can be filled in using language that is vague or confusing, which can cause substantial headaches for all parties later in the transaction. Experienced real estate attorneys will ensure all contract language is clear and unambiguous, so all parties clearly understand what their obligations are under their real estate contract.


Timing your closing


Closing deadlines can be affected by unforeseen circumstances that arise which were outside your control. Lender delays, natural disasters, and property damage while your real estate contract is pending can all have substantial effects on your transaction. By thinking ahead and including protective contingencies in your real estate contract, an experienced real estate attorney can protect you and your transaction.


Home Inspection


Home inspections often reveal problems that could require price negotiation between the seller and buyer. Having proper contingencies in your contract could allow you to withdraw from the transaction without consequences.


Obtaining Good Title


Title searches are critical to ensure a successful real estate transaction. A seller must provide “good, marketable and insurable title” to a buyer, and a buyer certainly wants to receive “good, marketable and insurable title”. Property that is encumbered by liens, or that has complicated legal issues regarding adjoining landowners, previous owners and neighbors, raises concerns for both buyers and sellers that must be addressed before “good, marketable and insurable title” can be transferred.


A Successful Closing


When buying or selling property, the “moment of truth” is called Closing. This is the final moment of a transaction, when a seller successfully transfers property to a buyer, and a buyer receives the property they chose to purchase. Deeds, closing statements, mortgages, etc. are all reviewed and signed at Closing. The amount of documents needed to conduct a successful Closing can be substantial and a bit overwhelming for non-attorneys. An experienced real estate attorney can review all Closing documents to ensure that you understand them, without any confusion. A real estate Closing is more often than not a significant moment in a person’s life and should be a happy moment for both buyer and seller – our experienced real estate attorneys can assist with bringing about a stress-free, successful Closing.


Contact Our Experienced Real Estate Attorney


Please call us when buying or selling real estate in Port Charlotte, Punta Gorda, Englewood, North Port, or Arcadia. We can ensure your real estate transaction concludes with a smile on your face!

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Navigating Your Rights: Understanding Personal Injury Claims in Florida Boating Incidents

By Jason B. Goldman • 05 May, 2024
With Charlotte Harbor waters as a prime location for boating enthusiasts, understanding the intricacies of personal injury claims arising from boating accidents is essential for our community. GTS Law Firm, rooted deeply in the Charlotte County area, including Port Charlotte, Punta Gorda, Englewood, and North Port, brings forth insights and advice for those finding themselves in the unfortunate aftermath of a boating accident. How Do Boating Injury Claims Differ? Boating accidents in Florida present unique challenges compared to other personal injury claims. Given the potential for significant damages, these cases often see rigid resistance from insurance entities. The intricate nature of injuries demands a comprehensive legal approach, emphasizing the necessity of expert maritime knowledge. The Role of Maritime Law Maritime law is at the forefront when dealing with boating and jet ski accidents, introducing various complexities, such as determining the rightful jurisdiction. This specialized area necessitates a profound understanding to navigate successfully. Classification and Causes of Boating Accidents In Florida’s legislative landscape, jet skis are indeed considered boats if they meet specific criteria. Recognizing the common causes of boating mishaps, from reckless operation to boating under influence (BUI), is crucial for building a strong legal case. The Vitality of Legal Representation Experiencing a boating accident can be overwhelming, entangled with complex legal proceedings. GTS Law Firm is committed to extending unparalleled legal assistance, drawing from our extensive expertise in personal injury and maritime law. Our approach is personalized, acknowledging each client's unique journey towards seeking justice. For those navigating the aftermath of a boating accident, remember, you’re not alone. Our empathetic team at GTS Law Firm is here to offer guidance, support, and representation. To discuss your case or for more insights into boating personal injury claims in Florida, connect with us. www.gtslawfirm.com (941) 625-6666.

Understanding Florida's Dram Shop Law: A Guide for Victims of Drunk Driving Accidents

By Jason B. Goldman • 05 May, 2024
Florida's roads should be a haven of safety, not a battleground of reckless decisions. At GTS Law Firm, we stand with victims of drunk driving accidents, advocating for justice and rightful compensation. Today, we're shedding light on a lesser-known aspect of Florida law that might give victims another avenue for seeking that justice: Florida Statute 768.125, more commonly known as the Dram Shop Law. The Law's Limitations Importantly, the statute comes with limitations. Under normal circumstances, an establishment cannot be sued for providing alcohol to a legally aged drinker. However, the law makes two essential exceptions: If alcohol is knowingly provided to a person who is not of lawful drinking age If alcohol is knowingly provided to someone recognized as habitually addicted to alcohol Should these individuals cause an accident leading to injuries or other damages, the establishment could then be liable. Scope of the Law The Florida courts have clarified the scope of the Dram Shop Law; it predominantly applies to establishments selling alcohol for immediate consumption. This means restaurants, bars, and casinos are typically those in focus. Conversely, the law does not traditionally apply to liquor stores or other vendors selling alcohol intended for later consumption. Social hosts are generally exempt from liability regarding their adult guests' alcohol consumption. However, should a social host serve alcohol to minors, they could face severe repercussions, including fines and jail time. Pursuing Damages in a Dram Shop Case Victims must prove that an establishment knowingly served a minor or an addicted individual. Recovery in a dram shop case can include: Lost wages Medical expenses Pain and suffering Property damage Our aim at GTS Law Firm is not just to support you in litigating against the direct perpetrator, but also to explore every legal avenue that can bring you closer to full and fair compensation. Comprehensive Legal Support with GTS Law Firm If you or someone close to you has suffered due to a drunk driving incident, know that you may have more options for recovery than you think. GTS Law Firm's experienced attorneys can provide you with the legal guidance necessary to navigate these complex scenarios. Contact us for a personalized consultation and let us help you on your journey to justice. www.gtslawfirm.com (941) 625-6666.

Understanding the Process Behind Police Investigations in Fatal Car Accidents in Charlotte County

By Jason B. Goldman • 07 Apr, 2024
Navigating the immediate aftermath of a fatal car accident is a challenging experience for those involved. At Goldman, Tiseo and Sturges (GTS) Law Firm, our heart goes out to every individual and family affected by such tragic events. We believe in providing our community with the knowledge and legal guidance they need to navigate these difficult times. One crucial aspect that families often find themselves needing to understand is how police investigations of fatal car accidents work, especially here in the Charlotte County area, including Port Charlotte, Punta Gorda, Englewood, and North Port. Police investigations serve a critical role in determining the circumstances surrounding any car accident. In the unfortunate event of a fatal collision, these investigations become even more paramount. They seek to uncover the sequence of events leading to the accident, identify any possible violations of traffic law, and understand the contributing factors, such as speed, intoxication, or distracted driving. The process typically follows several key steps: Immediate Response: Law enforcement officers are dispatched to the scene as soon as a fatal car accident is reported. Their primary focus is to secure the area, provide necessary aid, and ensure safety for all involved and the general public. Evidence Collection: Officers meticulously document the scene. This can include taking photographs, measuring skid marks, and collecting any physical evidence from the site. Eyewitness statements are also gathered at this time. Analysis: The collected evidence is analyzed to piece together the moments before the crash. Specialized units, such as forensic teams or accident reconstruction experts, may be brought in to assist with this part of the investigation.  Reporting: A detailed report is compiled, summarizing the findings of the investigation. This report can play a crucial role in any legal proceedings that may follow, as it often contains the investigation's conclusions about fault and contributing factors. At GTS Law Firm, our seasoned attorneys, backed by AV-rating from Martindale Hubbell, deeply understand the local laws and nuances of navigating such complex investigations. We're committed to providing compassionate, personalized legal representation to help our clients find justice and closure. If you or a loved one has been affected by a fatal car accident, we encourage you to reach out for a free consultation. Let our hometown attorneys with national recognition guide you through these challenging times with the expertise and care you deserve. For more information or to schedule a consultation, visit our website at gtslawfirm.com or contact us at (941) 625-6666.

Assessing the Risk of Car Accidents in Charlotte County: Stay Informed with GTS Law Firm

By Jason B. Goldman • 07 Apr, 2024
At the Goldman, Tiseo & Sturges Law Firm, we often encounter clients who ask, "What are the chances I'll be involved in a car accident here in Charlotte County?" It's a question that's on the minds of many of our community members as they navigate the roadways of Port Charlotte, Punta Gorda, Englewood, and North Port. While there's no crystal ball to predict everyone’s likelihood of experiencing a car accident, several factors can affect these odds, including regional traffic conditions, seasonal population increases, and local infrastructure. As your hometown legal team deeply rooted in Charlotte County, we understand these dynamics firsthand and are well-versed in the patterns and trends that can impact driving safety in our area. Statistics from traffic authorities offer insights into accident rates, which can vary from year to year. Factors such as distracted driving, road construction, and weather conditions all play a role in the number of collisions on our roads. But numbers only tell part of the story. At GTS Law Firm, we know that behind every statistic is a person – a neighbor, a friend, a family member. That's why we stress the importance of cautious and attentive driving every time you get behind the wheel. We also emphasize the value of being informed and prepared. Knowing local traffic laws, understanding your vehicle's safety features, and staying aware of common hazards can all decrease the likelihood of finding yourself in a collision. However, should you unfortunately find yourself involved in a car accident, rest assured that GTS Law Firm is here to help. Our experienced attorneys provide premier legal guidance with a personal touch, reflecting our deep commitment to the welfare of our clients and community. Our firm is the only multi-member law firm in our area where every attorney is AV-rated by Martindale Hubbell, signifying a dedication to excellence in service and legal expertise. If you've been in a car accident, or if you want to be proactive in understanding your rights on the road, reach out to GTS Law Firm for a free consultation. Our legal team is standing by to provide you with the personalized attention and representation you deserve. Let our hometown attorneys with nationwide recognition be your advocates, whether you're seeking to navigate the legal aftermath of an accident or simply looking to arm yourself with knowledge to prevent one. For proactive protection or dedicated representation, contact us at (941) 625-6666 or visit our website at gtslawfirm.com
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