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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. |
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.
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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. |
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GoldWingNut
(a motorcycle enthusiast not a gilded fastener) ---------> OMG now I get it. HAAAA |
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No need for lawyer or title insurance if you pay cash!
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k. |
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.
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Do what makes you feel comfortable. I have bought two homes in TV and have NEVER hired an attorney
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Real Estate Lawyer
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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 |
Lawyer at closing
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Mel Burich ERA Grizzard Realty |
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: |
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
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I bought 8 homes and never hired a lawyer.
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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.
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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. |
A real estate lawyer only charges about $400 cheap insurance.
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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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