Talk of The Villages Florida

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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Buying a new home in TV (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/buying-new-home-tv-303348/)

TCRSO 03-01-2020 11:45 AM

By way of disclosures, I am a lawyer licensed in Florida and have issued numerous title policies. Some things you may not know about title policies:

1. Check the date of the title search (which may be a date earlier than the date of issue). if so you will need to request "gap" coverage (covers you from the date of the search to the date of the policy issuance).

2. If you are buying a resell, make sure you receive an affidavit from the seller that there has been no work on the premises within 90 days or if there has been work a list of providers and evidence of payment. This is or should be normal practice, but I have seen both lawyers and title companies fail to obtain the necessary affidavits. If the property had been owned by a corporation or LLC, additional affidavits and documentations is required.

3. Title policies have "standard exceptions". Many of these can be removed if requested.

4, Title companies charge the same as attorneys for the title policies. Title companies and attorneys generally charge a document fee as well. The fee charged by a title company will probably not be much different than an attorney would charge.

5. The standard real estate contracts used by real estate sales people offer adequate protection for both parties. I have not reviewed the contract The Villiages uses for new homes so I cannot comment on that contract. Just make sure everything is on the contract and don't rely on any side or verbal agreements.

6. If a title policies is issued by the same company that issued an earlier title policy on the same property, an attorney can request a "reissue" credit which will lower the cost. This will never be offered by the title company.

Mikeodonnell73 03-01-2020 11:47 AM

I brought my home two years ago and had the same feeling but the closing went well with no hang-ups. It seems like it is easy in the Villages to do everything.

rrb48310 03-01-2020 12:03 PM

Quote:

Originally Posted by Nucky (Post 1723060)
In Central, Northern & Western N.J. not only do you need a Lawyer at closing but sometimes a Suit Of Armor is appropriate. I will be represented in Florida In The Villages for my next closing without a doubt. I have absolutely no problem to report from our first closing but for $500 I want someone to look things over on my behalf. The majority of the people I know didn't lawyer up for their Villages Closing and have had no problems.

How about THE FACT that you can not bring a Certified or Cashiers Check to a Florida Closing. It has to be via wire transfer. If there is one number off the possibility exist's that your money will end up in only God knows where and you will not be able to retrieve it in many cases. This was my experience anyway, yours may differ. Good Luck with to the OP with your decision.

If you are not sure of what contracts your going to sign mean, then get an attorney to review and explain. The time for attorney is at the start of the process, before you sign the purchase agreement and to review documents before closing.

That being said I’ve haven’t used an attorney but I was an associate broker and felt confident to review my own contracts. I’ve been at many closings that all attorneys did was repeat what the closing agent said.

I’ve been involved in two closings in The Villages and didn’t wire transfer the funds.

LouGraf 03-01-2020 12:03 PM

Quote:

Originally Posted by vintageogauge (Post 1723017)
Please share with us who told you that.

I was told that by my Villages Real Estate Person.

jnafix 03-01-2020 12:10 PM

GoldWingNut
(a motorcycle enthusiast not a gilded fastener) ---------> OMG now I get it. HAAAA

PugMom 03-01-2020 01:05 PM

Quote:

Originally Posted by kathyspear (Post 1723029)
In NJ you have to use a lawyer. (We have bought and sold homes in 5 states and NJ is the only one that required a lawyer.)

kathy

yes, we needed a lawyer to close on our property in Ct., too

Shamp 03-01-2020 01:49 PM

No need for lawyer or title insurance if you pay cash!

JGuenther1 03-01-2020 01:56 PM

Quote:

Originally Posted by kathyspear (Post 1723029)
In NJ you have to use a lawyer. (We have bought and sold homes in 5 states and NJ is the only one that required a lawyer.)

kathy

I sold 5 houses in NJ and never used a lawyer. Don’t know where you got that from.

kathyspear 03-01-2020 02:17 PM

Quote:

Originally Posted by JGuenther1 (Post 1723267)
I sold 5 houses in NJ and never used a lawyer. Don’t know where you got that from.

We bought and sold four homes in Toms River and Tinton Falls. Had to use a lawyer for each. Maybe it is a county, not state, thing?

k.

prettyw102@aol.com 03-01-2020 03:38 PM

No Need
 
Hi. We have bought and sold many properties throughout the years and have not used a real estate attorney since our first house closing in 1982. Have closed at title companies since then, and everything has been fine.

Curtisbwp 03-01-2020 09:32 PM

Do what makes you feel comfortable. I have bought two homes in TV and have NEVER hired an attorney

jeriteri 03-02-2020 07:14 AM

Real Estate Lawyer
 
Quote:

Originally Posted by LouGraf (Post 1722984)
I was told that it is not necessary to hire a real estate lawyer to represent me at closing on a new home. Is this common practice? It does not sound right to me.

As a retired realtor I would suggest (just to check the final signed and accepted contract) you hire a real estate lawyer to proof it. For you to read through a contract and understand what is in it may be overwhelming and stressful. What ever makes you comfortable with the purchase is where it's at.

stadry 03-02-2020 07:14 AM

i was surprised, too, that atty representation was not policy,,, we bought from a private individual w/o licensed real estate personnel involvement,,, our title co will 'hold' closing,,, its unlikely we'll ever see sellers again,,, sounded a bit odd so i asked hometown atty if this is standard,,, he said he did the same
good point on tv real estate brokers/salesmen - they are NOT Realtors therefore no applicable code of ethics,,, the sop is make the sale',,, our tv broker showed 8-10 properties - standard comment was 'sellers are motivated - they'll accept far less than asking $ ! someone doesn't know the law of agency imo

Mel B 03-02-2020 07:36 AM

Lawyer at closing
 
Quote:

Originally Posted by LouGraf (Post 1722984)
I was told that it is not necessary to hire a real estate lawyer to represent me at closing on a new home. Is this common practice? It does not sound right to me.

Hi Lou, It is certainly you right have have an attorney at closing as is typical in many states. Here in Florida, title companies do most of the closings and no attorney is required. Hope that helps.

Mel Burich
ERA Grizzard Realty

lorilorilori 03-02-2020 08:10 AM

Hiring a Lawyer
 
No - if u r paying cash.

Yes - if you own your own business and financing via the Villages.
At escrow, the villages will add paperwork - and threaten with daily
fees - have a good attorney that can and will stand up to the billionaires.
If u do not close on TV terms - and if any problems - just shrink and do
what they say or be prepared for a lawsuit.

:boxing2:

Dlbonivich 03-02-2020 08:56 AM

I have been a Realtor in Florida for over 2 decades. I lawyer has never been necessary. We use title companies that have lawyers connected to them. If a problem should arise it will be handled before closing. Not sure about The Villages sales agents, but we use contracts and forms designed by The Florida Association of Realtors that protect consumers. If I have a question my brokerage gives me the opportunity to discuss my issue with an attorney. Good luck! Andrea Bonivich, Sellstate Superior Realty

ts12755 03-02-2020 02:11 PM

I bought 8 homes and never hired a lawyer.

pcacace 03-02-2020 11:06 PM

That’s true. Just closed today on a home. They use title co’s here. The title company researches the deed, and you wire the payment to the Title co’s Bank. Different but legal. Your R.E agent will guide you. Seller pays most of the closing fees.

CandB 03-31-2020 07:04 PM

Quote:

Originally Posted by Shamp (Post 1723266)
No need for lawyer or title insurance if you pay cash!

I was good on no lawyer only concern was paying $1700.00 for title Insurance I did not think was needed. Thanks for confirming my not needing to pay for a unneeded service

Velvet 03-31-2020 07:17 PM

I used the title company... but usually, I write in my own words on the contract exactly what I understand it to say and anything I am not sure of I put a question mark besides. I record the explanation given to me so that if I ever have to go to court I can clearly show what I have agreed to.
Most of the time it is not necessary to do this and occasionally like mortgage contracts they won’t allow you to... that is when I walk away.

Tom1916 03-31-2020 09:07 PM

A real estate lawyer only charges about $400 cheap insurance.

TimeForChange 04-01-2020 06:00 AM

Quote:

Originally Posted by JSR22 (Post 1722987)
I was shocked, but there was no need for a lawyer.

They don't want you to have a lawyer present. If he examined and went through all the legal crap and do's, do not's, etc it would take most of the day with just the lawyer explaining everything to you. They want a closing to go quickly so they can get the next one started.

eweissenbach 04-01-2020 09:23 AM

My wife and I have bought and sold eighteen homes in our 52 years of marriage and have never hired a lawyer for a closing with no negative repercussions. We have even bought and sold a number of those homes without involvement of a real estate agent, using only a title company for contracting and closing. I worked summers as a Realtor for ten years in Missouri when coaching and rarely saw lawyers get involved. In every instance when a lawyer got involved they would require some minor change in the contract language on a standard contract approved by council for the Missouri Secretary of State. I always felt that it was simply a way for them to justify their fees.


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