Fort Myers Real Estate Attorneys

Comprehensive Real Estate Guidance in Cape Coral and Naples

Though buying a new home or work facility is always exciting, purchasing or selling real estate property is seldom a straightforward endeavor, even when no complications arise. Buyers and sellers must make every effort to protect themselves as they make their way through the due diligence and closing processes. This may include hiring a legal professional to draft contracts, offer legal advice, and address any problems that may appear. 

At Lusk, Drasites & Tolisano, we have been representing local clients in real estate transactions for over 40 years. Our Fort Myers real estate lawyers can provide knowledgeable assistance with both residential and commercial purchases and sales. We are familiar with how to efficiently move through closing procedures while taking care to protect your interests from start to finish. When evaluating a proposed transaction, we can ascertain whether there are any obstacles you should anticipate and review what steps will be necessary to avoid conflict. Our team can also draft all necessary contracts and advocate for you in any negotiations.

If you are exploring buying or selling real estate in the areas we serve, call (239) 908-4930 or contact us online to schedule an initial consultation. Se habla español.

Why You Need an Attorney When Buying or Selling Florida Real Estate

You may be wondering if you need to hire a lawyer as you get ready to close a real estate deal, especially if you already have a realtor. While a real estate agent can be an important part of the process, they should by no means be your only representative in these transactions.

The state of Florida does not require you to retain legal representation when buying or selling real estate, but doing so is still a good idea. Keep in mind that considerable assets are at stake whenever you purchase or sell real estate property. If certain legal formalities are not observed and precautions are not taken, you could suffer serious financial, practical, and legal consequences. Furthermore, your realtor cannot give you legal advice, including guidance on the legal implications of any contracts you sign. They also will not be able to do much for you if a legal dispute develops.

When you hire our Fort Myers real estate attorneys, you will get dependable assistance with:

• Title Searches and Defects. You must always run a title check to determine if there are any defects that “cloud” the property’s title. Think of a title defect as any claim that could jeopardize your ownership of the problem. A buyer should not move forward with purchasing a property that lacks a “clean” title. To get a clean title, you may need to address or “cure” defects, such as unresolved liens, recording errors, and easements. We can run a title check, help you understand the impact of every defect we encounter, and work to correct the issues.
• Title Insurance. Buyers should still invest in title insurance to protect themselves from any future claims on the property that may arise. We can help buyers purchase these important policies.
• Escrow. Buyers are usually expected to make “good faith” deposits in a third-party account at the start of the closing process. This protects the seller if the buyer attempts to pull out in violation of the purchase and sale agreement. Escrow arrangements (and the contracts that govern them) should be carefully reviewed by a legal professional before you proceed to avoid potential issues.
• Contracts. The purchase and sale agreement is a binding legal document that will dictate how the closing process proceeds. You should not attempt to write this contract yourself or sign a template presented to you by the other party to the transaction. Our team can draft, negotiate, and finalize a purchase and sale agreement that accomplishes your objectives and prepares for all contingencies. We can also assist with closing paperwork and any contracts that may be necessary to complete the deal.   
• Disclosures. The law requires sellers to disclose certain types of known problems with the property, and they can incur significant liability if these disclosures are not made. Both buyers and sellers should understand how real estate disclosures work and their rights when one party does not live up to their obligations. We can help ensure buyers have all of the information they are entitled to while verifying sellers make all necessary disclosures.
• Property Inspections. Buyers should still hire professionals to facilitate thorough property inspections even when they receive detailed disclosures of known defects. Sellers may not be fully aware of the extent or existence of some issues, and you will want to be certain of the property’s actual condition before you close and transfer ownership. If new problems come to light, we can assist buyers and sellers with further negotiations, including changes to the purchase and sale agreement.
• Land Use Issues. Some properties may be impacted by local land use laws, zoning restrictions, and easements. Buyers should fully understand how these impediments could influence how they can use their new home or commercial property and whether any especially limiting encumbrance can be potentially resolved.

Real Estate Disputes and Litigation

Ideally, a real estate transaction will close without encountering any insurmountable obstacles. In some cases, however, a buyer and seller may be unable to resolve a dispute without resorting to litigation. Conflicts can also erupt between landlords and tenants as well as property owners and people or organizations with easements. 

Our Fort Myers real estate lawyers can represent you in litigation involving:

• Deposit problems
• Failure to disclose defects
• Landlord-tenant issues
• Property line conflicts

Real estate disputes are often breach of contract cases. To win, the plaintiff will need to prove the defendant materially breached a contract (such as the purchase and sale agreement) and that breach led to damages. At Lusk, Drasites & Tolisano, we routinely represent plaintiffs and defendants in these and other matters. We will fight for you in and out of the courtroom and make every effort to facilitate an optimal resolution as quickly as possible. 

If you have become involved in a real estate dispute and need assistance understanding your rights and options, call (239) 908-4930 or contact us online to speak to one of our legal professionals.