Drafting & Negotiating Real Estate Contracts

IN CORAL SPRINGS, FL

The Law Office of Gary M. Landau, P.A. helps buyers and sellers with every aspect of their real estate transaction, ensuring a smooth closing.

Drafting & Negotiating Real Estate Contracts

The real estate contract is at the heart of a real estate deal–critically important to both buyers and sellers. This contract locks in the purchase price and timetable, of course. But it also commits the real estate buyer and the seller to other conditions, too.

In Florida, it is often customary for a buyer to make an offer through their Realtor without having a lawyer review the contract. Ideally, however, the real estate purchaser and seller should each run that contract by their own (separate) real estate lawyers experienced in negotiating such contracts before the offer is presented or accepted. If this cannot be done, the parties should add the words “subject to my attorney’s review within 3 business days” into the contract they do submit, and then get it to a Florida real estate lawyer within a day.

Too often, people who have not done this come to me with a contract that is already signed and therefore can’t be drafting negotiating real estate contracts, even though it may contain provisions they don’t like or understand. Many attorneys, myself included, will waive their fee for performing a contract review when they are hired as the closing agent on the deal.

A Florida real estate lawyer can also draft a real estate contract for you, especially helpful if you are buying or selling in a “for sale by owner” situation without a Realtor involved. The Law Office of Gary M. Landau, located in Coral Springs, Florida, frequently drafts contracts for South Florida real estate deals.

Although some people believe there is a “standard contract,” that is not actually true. There are several preprinted contracts often used in Florida real estate deals, but clauses in each of these can be negotiated by the buyer or seller when agreeing to their deal on their home, condo, or business office.

When negotiating or reviewing a real estate contract, our law office especially focuses on the following:

  • What is the purchase price and closing date?
  • How much money is the buyer putting down as a deposit?
  • What is the financing contingency (e.g., what happens if the buyer can’t get a mortgage)?
  • How long is the inspection period? (This is the time the buyer has to get the property inspected and to back out of the deal if something turns up.)
  • Are any fixtures or other items being sold with the unit?
  • Is the seller disclosing any hazardous conditions such as radon gas in the home?
  • Is the seller making any other disclosures, such as plumbing or roofing problems and the like?
  • Who pays if the condominium or homeowners association issues a special assessment before the closing?

Contact us by phone or email for a FREE consultation to learn more about our firm and how we can help you with your drafting negotiating real estate contracts, purchase or sale. Attorney Gary Landau personally returns all calls to him.

Schedule a Consultation Today

or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.

*Required Fields

We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.

Why choose Gary M. Landau?

REAL CLIENT’S, REAL REVIEWS

5/5

REAL ESTATE ATTORNEY VS A TITLE COMPANY

When you sell your home in Palm Beach County, Florida, or buy one in Broward County, in most cases you get to choose your closing agent. Selecting the Law Office of Gary M. Landau means you’ll have a lawyer representing your legal interests throughout the deal, something a title company does not do, in addition to providing the title insurance and handling the closing. This gives you extra services for no additional money.

Since real estate is the biggest investment most people make, it’s important that you choose the right professional to handle your closing.

STEPS NEEDED TO CLOSE ON A REAL ESTATE DEAL

If you’re looking to buy or sell a home in South Florida, you may wonder about the steps involved. An experienced closing attorney will walk you through the process and carefully explain all the steps leading to a successful closing. These include:

TITLE INSURANCE

Title insurance is a policy that protects you from legal problems that can arise after a purchase. In Broward County, Florida, a new buyer typically pays for title insurance, while in Palm Beach County the seller does. The Law Office of Gary M. Landau, P.A. provides title insurance for all deals we close. Buyers or sellers get the same insurance they get from a title company and also get peace of mind knowing an attorney is looking out for their interests.

REFINANCE CLOSINGS

Refinancing your home requires a similar type of closing as a new home purchase, with a closing agent overseeing the various legal elements and paperwork. Your lender may ask you to use their closing agent for your refinancing, but under Florida law you can select any closing agent you desire.

Choosing the Law Office of Gary M. Landau, P.A. can save you money on your title insurance premium during refinancing if you have a prior owner’s title policy from when you purchased your home.

Contact us

Please fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.

*Required Fields

We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.

Recent Blog Posts

Florida Property Appraiser Offers New Program, Owner Alert

Broward County Florida Property Appraiser Offers New Program, Owner Alert, to Prevent Title Fraud

Title fraud can be a problem for homeowners in Florida, especially Broward County. The state’s laws allow individuals to submit a deed on a property to county …

Read More →
Personal Representative in Someone's Will in Florida | (954) 979-6566

What Does It Mean to Be the Personal Representative in Someone’s Will in Florida?

In Florida, after a person passes on, the final affairs of their estate and its division between heirs go through a probate court. The person legally in …

Read More →
5 Important Facts to Know About Florida Probate Law

5 Important Facts to Know About Florida Probate Law

The loss of a loved one is always difficult. Often there is an overwhelming feeling of grief, and many people find it hard to focus on probating …

Read More →

MY LAST EMOTIONAL WISHES FORM

Download this FREE, 4-page form to record your end-of-life emotional desires, taking the guesswork away from struggling family and friends about what you will want for your last months, days and hours. This is not a legally binding form and does not replace your Last Will and Testament, Living Will or Healthcare Proxy.

Click below for the free download. If you’d like to be on our email list, please leave your contact information.

Scroll to Top