Although Florida doesn’t require a real estate attorney on every transaction, using an attorney is more beneficial than a title company. Properties in Florida tend to have a lot of oddities such as waterfront, foreclosures, or condominiums. Although title companies are also trying to make the transaction go as smoothly as possible, they are not as well rounded or qualified to handle all the situations that an attorney, like Lee Glassman, is experienced in.

Here are 5 reasons why you should use a real estate attorney instead of a title company.

1. Real estate attorneys work for the buyer or seller, while title companies work for the title insurer. Lawyers always have the buyer’s or seller’s best interest in mind since they are working directly for them and are legally required to represent them throughout the entirety of the transaction. The title company only prepares the primary closing documents that are required to issue the title insurance policy. They cannot offer legal advice or guidance during any of the process.

2. A lot of the basic forms and closing documents are preprinted, but for specific instances like condos and waterfront properties, there are other documents that are better handled by an attorney. They are legally capable of completing these documents correctly, while many title companies are not qualified.

3. Agents at title companies cannot provide legal advice because they usually don’t have law degrees. The buyer or seller cannot ask a title agent for advice about anything including how to take title to the property. Attorneys can answer any legal questions and offer advice. Oftentimes, a title agent will have to quickly hire an attorney at the end of the transaction to help solve any issues, adding a huge expense.

4. Hiring a real estate attorney is cheaper than a title company. The State of Florida has set costs for most things like title insurance premiums and documentary stamps so those costs are similar. The difference is that when you hire an attorney they can also perform a title agent’s duties while a title agent cannot act as an attorney.

5. Realtors can benefit from working with a real estate attorney over a title company as well, because the attorney can help with contract preparation and make sure everything makes sense. A lot of times this is offered at no extra expense to the buyer or seller.

Although a title company can help with a basic closing process, there is a lot of risk involved. If an issue arises, there can be significant costs to the buyer/seller. In the end, your interests are protected when you work with a real estate attorney over a title company. Contact us at (954) 915-8800 or fill out the form below for more information about working with Glassman Legal Group.