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Do You Need a Real Estate Attorney in Florida? Here's When and Why It Matters

Real Estate Legal Advice
May 19, 2025•3 min read

If you're buying or selling a home in Florida, you've probably asked yourself: Do I really need a real estate attorney? In Florida, it’s not legally required—but there are plenty of situations where having one can save you time, money, and stress.

Let’s break down when a real estate attorney is helpful and why it might be the smartest move you make during a property transaction.

Do You Legally Need a Real Estate Attorney in Florida?

Nope—But You Might Want One Anyway

In Florida, real estate attorneys are optional for standard residential transactions. Title companies usually handle the closing paperwork. But that doesn’t mean you won’t benefit from hiring one.

Here’s why:

  • Not all deals are "standard"

  • Contracts can have confusing or risky clauses

  • Legal issues pop up more often than you think

When Should You Hire a Real Estate Attorney in Florida?

1. Complex or High-Value Transactions

Buying or selling a luxury home? Dealing with commercial property? An attorney can help you protect your investment.

2. Unclear Property Titles or Liens

If the title search reveals problems, an attorney can resolve them or advise on whether you should walk away.

3. Disputes Between Parties

Having trouble with the seller or buyer mid-deal? An attorney can step in and negotiate or settle disputes.

4. For Sale by Owner (FSBO)

If you’re not using a Realtor, a real estate attorney can help draft and review the sale contract to make sure your rights are protected.

5. Estate, Divorce, or Foreclosure Sales

These types of sales involve legal complications, probate laws, and court filings. An attorney can manage it all.

What Does a Real Estate Attorney Do?

Reviews and Writes Contracts

They’ll make sure the terms are fair, legal, and tailored to your situation.

Handles Title Issues

If there are any red flags on the title report, they can clear it up or help you back out safely.

Represents You at Closing

Your attorney will attend the closing, explain documents, and make sure you're not signing anything risky.

Benefits of Hiring a Florida Real Estate Attorney

  • Peace of mind during one of the biggest financial moves of your life

  • Protection from legal loopholes or tricky clauses

  • Help navigating tricky disputes or unusual situations

  • Reduced risk of delays or errors that could cost you money

FAQs About Real Estate Attorney in Florida

Is a real estate attorney required for home closings in Florida?

No, Florida doesn’t legally require an attorney for closings—but it’s recommended in complicated or high-risk situations.

How much does a real estate attorney cost in Florida?

Most charge a flat fee between $500–$1,500 depending on the complexity of the deal.

Who hires the attorney—the buyer or seller?

Either party can hire an attorney. In many cases, both sides have their own representation.

Can an attorney replace a title company in Florida?

Yes. In some transactions, the attorney handles both the legal and title work.

FAQs About MainStreet Realty

What does MainStreet Realty do?

We help buyers and sellers navigate real estate in Central Florida—from Kissimmee and Orlando to DeLand, DeBary, and Lake Nona.

Does MainStreet Realty recommend real estate attorneys?

Yes! We work with trusted local attorneys and can connect you to the right legal expert for your situation.

Can you help with FSBO transactions?

Absolutely. Whether you’re buying or selling without an agent, we’ll guide you and connect you with resources like title companies or attorneys.

Do you handle commercial or investment deals?

Yes, we assist with residential and commercial real estate, including investor purchases and business properties.

Final Thoughts

While Florida law doesn’t require a real estate attorney, having one by your side can make your deal go smoother—especially if it’s not your average home sale. If you want legal peace of mind, it’s worth the investment.

Thinking about buying or selling? Reach out to BuyMainStreetRE.com and we’ll help you navigate every step—including connecting you with a reliable Florida real estate attorney.

Email: [email protected]

Address: 2 Volusia Drive Debary, FL, 32713

Phone Number: Orlando: 407-789-0925  |   Volusia: 386-259-2426   |   Lake:352-729-1425



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