If you are selling your home with or without a realtor, you need to protect your legal rights!
The Florida "As Is" contract has thee options in selecting the title agent. In Miami-Dade and Broward County, the buyer usually selects the closing agent or title company. Most title companies will charge the seller a settlement fee to prepare the closing document which consists of the Warranty Deed and several other documents, but they do not represent you and cannot give you legal advise.
However, the seller has the right to have an attorney represent them in the closing and to prepare seller's documents. Make sure that your legal rights are protected. Below is an outline of the benefits of hiring an attorney to represent you in the sale of your home.
•Review the sales contract. If seller has already signed a contract with a buyer and attorney will review the contract and make sure that the buyer abides by the terms of the contract.
•If the seller has not yet signed a sales contract, then an attorney will assist with the drafting/review of the contract to ensure seller’s rights are protected. There are many clauses in a sales contract that can be written to the advantage of the seller or the buyer. Be sure that your rights are protected.
•Coordinating and communicating directly with buyer’s agents or attorney and the Title Company that the buyer has selected.
• Request from the title company all documents including the title commitment, municipal lien search, and estoppel in order to review for accuracy and to help resolve issues that may come up in these documents.
•Prepare all of the sellers/ conveyance documents, such as Warranty Deed, Bill of Sale, seller affidavit, and any other documents required by the buyer’s lender or title company.
Remember, the title company is going to charge the seller a settlement fee and they do not represent the seller.
•Order and review your mortgage pay off.
•If seller is not available for the closing, an attorney can act as power of attorney, or prepare a power of attorney for someone else to sign at closing.
•Seller can sign all documents conveniently at the attorney's office where the attorney will explain and review the settlement statement, and make sure all fees are correct.
•Most importantly, an attorney can answer all your questions regarding the closing process and keep you informed of the progress of the sale of your home.
