Under Florida law, a buyer doesn't need a lawyer to complete a real estate transaction. However, retaining an attorney at the beginning of the process often prevents a buyer from taking legal action after the deal is done.
This is why I strongly recommend that all purchase agreements submitted by a Realtor in Florida include a brief attorney review period. Buyers who make an offer, or sellers who receive one can simply write language into the contract to the effect of, “subject to my attorney's review within three business days.”
The long-standing doctrine of American law known as caveat emptor, or “let the buyer beware,” is still alive and well in the State of Florida with respect to the purchase and sale of commercial real estate (though quite dead in the residential real estate context, see Johnson v. Davis).
Several states have laws on the books mandating the physical presence of an attorney or other types of involvement at real estate closings, including: Alabama, Connecticut, Delaware, District of Columbia, Florida, Georgia, Kansas, Kentucky, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New ...
However, in Florida, a purchaser cannot back out of a deal after signing unless there are clauses stating otherwise. In Florida, a purchaser can back out of a deal only if the contract has a provision that allows a purchaser to do so.
In Florida, you are not required by law to have a real estate attorney oversee your residential real estate transaction. You can hire a title insurance company to conduct your closing. This means you can legally buy a house or condo in the state without ever consulting a lawyer for advice.
Under Florida law, a buyer can sue for damages, and even rescind a transaction, where a seller or real estate agent doesn't reveal a material problem with the home prior to purchase.
While a seller's property disclosure form is not required under Florida law, Florida law does require seller's and their realtors to disclose any significant property defects that may not be easily visible to the buyer. Buyers still have the responsibility to have the property inspected.
CORAL SPRINGS, November 21, 2016 – Florida law requires the seller of a residential property to disclose to the buyer facts materially affecting the value of the property which are not readily observable and unknown to the buyer.
Some states, such as Florida, are “Title Company States” that do not require an attorney to close loans or purchases as long as the closing includes title insurance.
The so-called escrow states are California, Washington, Oregon, Texas, Nevada, New Mexico and Arizona.
Florida is a wet funding state, which means that lenders are required to provide loan funds without delay – either before or on the day of closing of a purchase.