Too many people assume a generic contract will shield them, or that every closing is routine. Problems like undisclosed liens, unpermitted additions, or poorly worded clauses can quickly turn a prime property into a financial sinkhole.
At Lulich & Attorneys, trusted Sebastian real estate attorneys, we take nothing for granted. We review every clause, investigate title issues, and flag risks before they become liabilities. Whether you're buying, selling, or investing, we make sure your interests are protected from contract to closing.
Call Lulich & Attorneys at (772) 492-4611 to schedule a consultation and discuss your next steps.
Sebastian Real Estate Guide
- Sebastian Real Estate Guide
- Why Entrust Your Property to Lulich & Attorneys?
- What Are My Options When a Real Estate Deal Goes Bad?
- Real Estate Issues Specific to Sebastian and Indian River County
- How Our Sebastian Real Estate Lawyer Can Help
- Frequently Asked Questions About Sebastian Real Estate Law
- Don't Risk Your Investment. Get Board-Certified Counsel.
Why Entrust Your Property to Lulich & Attorneys?
We Have Deep Roots in Indian River County
Steven Lulich founded this firm in Indian River County back in 1987. Our Sebastian office has stood on Main Street, a stone's throw from City Hall, since 1993.
This history gives us practical, street-level knowledge of local zoning quirks, the unique challenges of waterfront properties, and the patterns of development.
Board-Certified Expertise You Can Verify
Any lawyer can call themselves experienced, but Board Certification in Real Estate Law by The Florida Bar is a distinction that must be earned. Jordan Lulich holds this certification, which is an official acknowledgment from Florida’s highest legal authority that an attorney has shown exceptional knowledge, skill, and proficiency in real estate law.
To earn it, an attorney needs years of deep involvement in real estate law, positive reviews from judges and other lawyers, and must pass a demanding written exam. It's an objective mark of high-level competence that only a fraction of Florida attorneys ever achieve.
We Run an Attorney-Led Title Company
Many people believe any title agency can handle their closing, but a standard title agent isn't allowed to give legal advice. Lulich & Attorneys functions as an attorney-led title company, acting as an Agent for Old Republic National Title Insurance Company.
This structure gives you a distinct edge: a lawyer reviews your title commitment, survey, and closing documents. We are trained to spot title defects, fraudulent transfers, or restrictive covenants that a non-lawyer might easily overlook. It’s a higher level of security for your most important asset.
A Proven and Recognized Track Record
We have handled over $500 million in real estate transactions, from straightforward residential closings to multi-faceted commercial developments. This experience has prepared us for almost any scenario.
Our commitment is reflected in over 605 five-star reviews from people right here in our community. In addition, our attorneys were named Rising Stars by Super Lawyers from 2023 to 2025, a recognition driven by peer nomination and professional achievement.
What Are My Options When a Real Estate Deal Goes Bad?
The aim is to make you whole, whether by reversing a loss, forcing a party to act, or clearing up a legal claim.
Recovering Your Financial Losses
This is the most direct type of solution, focused on compensating you for money you lost or had to spend because of the other party's failure.
- Repair Costs: If a seller knew about a leaking roof or foundation cracks but didn't disclose them, you may be able to recover the full cost of the repairs.
- Diminished Value: Some problems can't be fixed, but still drag down the property's market value. If a neighbour’s new shed is actually on your land or a hidden easement limits how you can use your yard, you could pursue damages for that loss in value.
- Loss of Deposit: If a seller backs out of a deal without a valid reason or breaches the contract, you have the right to demand the return of your earnest money deposit.
Forcing an Action or Correction
Sometimes, money just doesn't solve the problem. These court-ordered actions are designed to create a fair outcome when cash compensation isn't enough.
- Specific Performance: This is a powerful tool where a judge forces the other party to honor the contract. For example, if a seller accepts your offer but then gets a higher one and tries to walk away, a court can compel them to complete the sale to you as agreed.
- Quiet Title: If competing claims to your property surface, a quiet title action is a lawsuit that asks a court to issue a final judgment declaring you the one valid owner, extinguishing all other claims.
- Partition: When co-owners of a property can’t agree on what to do with it, a partition action can break the deadlock. This frequently happens with inherited property or between unmarried partners who have split up. A court will typically force the sale of the property and divide the proceeds fairly among the owners.
Who Pays for the Attorney?
Many real estate contracts in Florida, including the common Florida BAR/CRSP forms, have a prevailing party clause. This provision means that if a contract dispute goes to court, the losing party is required to pay the winning party's reasonable attorney’s fees and court costs.
Real Estate Issues Specific to Sebastian and Indian River County
Living and investing in Sebastian is fantastic, but it comes with property law issues unique to our coastal, growing community.
Waterfront and Riparian Rights
With the Indian River Lagoon and the St. Sebastian River right here, many properties are on or near the water. This gives rise to riparian rights, the laws that control a landowner's access to and use of adjacent water. We frequently handle disputes involving:
- Docks and Piers: Arguments often erupt over the placement, size, and use of docks, which might block a neighbor's view or waterway access.
- Water Access and Views: Riparian rights include the right to get to and from the water and the right to an unobstructed view, both of which can become heated points of conflict.
- Boundary Lines: A waterfront property's legal boundary lines don’t just extend straight out. They are set by equitable principles that are often confusing and require a legal opinion.
Vacation Rentals and Zoning Rules
Sebastian is a popular spot for tourists and snowbirds, making short-term rentals on platforms like Airbnb and VRBO look like a great investment. However, your ability to rent out a property is controlled by city and county zoning ordinances.
Just because a neighbor is doing it doesn't mean it's legal for your property. Before buying an investment property to use for short-term rentals, a full review of local ordinances is needed to dodge fines and legal headaches.
The Big Myth About “As-Is’ Contracts
The majority of home sales in Florida use an as-is contract, which leads sellers to a dangerous conclusion: that “as-is” lets them hide known problems. That is completely false.
The landmark Florida Supreme Court case, Johnson v. Davis, established that sellers must disclose any known facts that materially affect the property's value and are not easily visible to the buyer. This means a seller can't cover up a past roof leak, a cracked foundation, or mold just because the contract says “as-is.” This can give buyers peace of mind when buying a home.
The Florida Room Problem: Unpermitted Additions
Enclosed patios, garage conversions, and other additions are common in Sebastian homes. The trouble starts when this work is done without building permits.
Unpermitted work creates a cloud on the property's title. This can explode into a major problem when you try to sell, as a buyer's lender may refuse to finance the loan. It can also cause trouble when getting homeowner's insurance. Fixing unpermitted additions usually requires working with the local building department and can be a tricky process that a Sebastian real estate lawyer can manage for you.
How Our Sebastian Real Estate Lawyer Can Help
Residential and Commercial Closings
Many people use a generic title company that can't give them legal advice, leaving them exposed if contract problems, title defects, or last-minute snags appear. A non-attorney title agent focuses on completing the transaction but cannot provide legal advice to protect your specific interests.
As an attorney-led title agent, we conduct a detailed legal review of the entire deal. We analyze the chain of title for old liens, check for open permits or debts for water and sewer, and explain the terms of your mortgage so you fully understand your commitments. Thanks to Jordan Lulich's Board Certification, we are also equipped to draft custom contract clauses for non-standard situations, like a specific repair agreement or a complex financing arrangement.
Partition Actions (Forcing a Resolution Between Co-Owners)
You inherited a house with your siblings, and now one of you wants to sell while the others refuse. Or you bought a property with a partner, the relationship ended, and now you can't agree on what to do with your shared asset. These deadlocks can keep your equity tied up and inaccessible.
We can file a partition action under Chapter 64 of the Florida Statutes. This legal proceeding asks a court to step in and break the stalemate. The court will either order the property to be sold and the proceeds divided fairly or, in rare cases, physically divide the property. We always prioritize negotiation first to try to reach a settlement quickly, but we prepare evidence as if every case will one day go to court.
Title Defects and Insurance Claims
You find an issue that should have been caught before closing. It might be an old mortgage from a prior owner that was never recorded as paid off, a contractor's lien filed just before you bought, or a boundary line that's incorrect in the legal description. These clouds on your title can stop you from selling or refinancing.
We work to quiet title, the legal process of clearing these defects. This might involve tracking down old lenders, negotiating to release a lien, or filing a lawsuit to get a court order declaring your ownership is free and clear. We also help clients make claims under their owner's title insurance policy to cover losses that come from these kinds of defects.
Landlord-Tenant Law
A commercial tenant breaches a detailed lease, causing financial strain. A residential landlord attempts to handle an eviction but fails to follow the strict rules required by Florida law, thereby complicating the process.
We represent landlords and tenants in both commercial and residential disputes. For landlords, we write solid, enforceable leases aimed at preventing problems before they start. We also manage evictions by sticking to the letter of the law under Florida Statutes, Chapter 83, to make the process as efficient as possible. For tenants, we defend against wrongful evictions and make sure their rights are upheld.
Frequently Asked Questions About Sebastian Real Estate Law
Can I sue a seller for not disclosing water damage I found after closing?
It's possible. Based on the Johnson v. Davis case, if the seller knew about a significant defect like water damage that you couldn't easily see, and didn't tell you, you may have a valid claim. Success depends entirely on the specific evidence of your case.
I live out of state. Can you still handle my closing in Sebastian?
Yes. We use modern technology, including Remote Online Notarization (RON) and secure digital platforms, to conduct smooth and efficient closings for clients buying or selling property in Sebastian from anywhere in the country or the world.
I am paying cash. Do I still need a real estate lawyer?
Yes. Paying cash removes the lender’s protections, which means no bank is checking title, survey issues, or major defects for you. You are relying entirely on your own due diligence. We’ll make sure the seller can actually convey a clear title, verify that there are no surprise liens or code violations, and confirm that the contract protects you if something unexpected surfaces before closing.
What happens if the seller dies before closing?
If the seller passes away before the deal closes, their estate may need to be opened, and the person handling the estate must have legal authority to sign the deed. This can delay closing or, in some cases, require court approval. We’ll coordinate with the probate process, confirm who has authority to act, and adjust the contract and timeline so the sale can still move forward legally.
Don't Risk Your Investment. Get Board-Certified Counsel.
Your home or commercial property is likely the biggest investment you'll ever make. It deserves the diligent protection that only a Board-Certified Real Estate lawyer—and a trusted Sebastian personal injury attorney when disputes intersect with liability concerns—can offer.
At Lulich & Attorneys, we are prepared to review your contract, defend your property rights, and resolve your dispute. Our deep local roots and proven legal expertise are your strongest advantages in the Sebastian real estate market.
Contact Lulich & Attorneys today at (772) 492-4611 to schedule your consultation.
Lulich & Attorneys Sebastian Office
- Phone: 772-492-4611
- Fax: 772-589-8800
- Address: 1069 Main Street, Sebastian, FL 32958
- Hours: M-F 8:30PM - 5:00PM