Naples Real Estate Attorneys

Dependable Real Estate Guidance in Cape Coral and Fort Myers

Purchasing and selling real estate can be extremely exciting, but these transactions also require careful due diligence. Verifying property rights and transferring ownership can become rife with complications, and parties new to the process may be confused about how to sufficiently protect their interests. A seasoned legal professional can help you proactively avoid problems, overcome obstacles, and manage any conflicts that may arise.

For over 40 years, our team at Lusk, Drasites & Tolisano has been facilitating residential and commercial real estate transactions for local clients. If you are looking to buy or sell a property in the areas we serve, our Naples real estate lawyers offer comprehensive legal support from beginning to end. We have a complete understanding of Florida real estate law and will quickly work to determine whether there are any impediments that could jeopardize a prospective deal. Our legal professionals will then draft all necessary contracts and provide knowledgeable guidance throughout the closing process. 

We are ready to make your real estate goals a reality, so call (239) 908-4930 or contact us online to schedule an initial consultation. Se habla español.

Why You Should Hire a Lawyer When Buying or Selling Florida Real Estate

Some people assume they can handle real estate transactions on their own. The reality is that a real estate purchase or sale is not as straightforward as buying or selling other types of assets. Highly specific procedures and laws must be followed for the transaction to be legitimate, and failing to take certain precautions can cause serious problems down the line.

Florida does not require buyers and sellers of real estate to hire a lawyer, but doing so is still in your best interest. Realtors and real agents are not permitted to give legal advice in Florida, so they will not be able to help you if you encounter any legal challenges or problems.

Hiring our Naples real estate attorneys comes with other important advantages, including assistance with:

• Contract Drafting. We can draft enforceable purchase and sale agreements that comprehensively cover each party’s obligations and rights as well as contingencies. Our legal professionals can also work to negotiate optimal closing and mortgage terms.
• Title Searches. Our lawyers can perform a title search designed to detect defects, or clouds, on the property being bought or sold. When there is a title defect, there is a possibility that another person or entity has some claim on the property. Defects can be triggered by easements, liens, recording issues, and other problems. To protect the buyer, title defects must be “cured” and resolved before a transaction can safely proceed.
• Title Insurance. Even if there are no title defects or any discovered defects have been addressed, the buyer should still consider purchasing title insurance to protect themselves from future claims. Our attorneys can help source title insurance and walk a buyer through what the policy accomplishes.
• Disclosures. Sellers are legally required to make certain disclosures about the history of the property and any known defects that are present. A seller could become vulnerable to litigation if they knew about a problem but did not disclose it, which is why we always ensure our clients are fully aware of their reporting obligations. 
• Inspections and Further Negotiations. Not all of a property’s problems will necessarily be known by the seller at the start of the closing process. We can help buyers hire professionals to conduct thorough pest and utility inspections. Should any new issues be discovered, we can help buyers and sellers negotiate commensurate modifications to the original purchase and sale agreement. 
• Zoning, Covenant, and Easement Issues. An area’s zoning laws or a property’s covenants or easements could limit or influence how a buyer can use a piece of property. We help buyers understand the impacts of these elements if they encumber the property they are looking to acquire.

Real Estate Litigation                                                                         

Irreconcilable disputes may develop even if both buyer and seller retain legal representation and make every effort to avoid conflict. With so much on the line, any real estate dispute requires careful legal consideration. Many of these conflicts will require litigation to be resolved.

Our Naples real estate lawyers are prepared to represent plaintiffs and defendants in many types of cases, including those involving:

• Failure to disclose defects
• Property line disputes
• Deposit disputes
• Landlord-tenant disputes

Many real estate disputes are breach of contract cases. Our team at Lusk, Drasites & Tolisano is well-versed in these matters and can provide dedicated advocacy. No matter the nature, scope, or complexity of the conflict, you can rest assured we will make every effort to deliver a favorable resolution as quickly as possible.

If you have questions about a real estate transaction and need legal advice, do not hesitate to contact us online or call (239) 908-4930.