Real Estate Lawyer in Vero Beach
Buying or selling a home is likely the most important, and expensive, transaction you will have in your lifetime. A Vero Beach real estate attorney can provide you with competent advice that far surpasses that of a real estate agent. At Lulich & Attorneys, we advise clients of all property types. Whether you’re a buyer, seller, landlord, or tenant, our team is here to help you navigate through your transaction in accordance with Florida Law.
Experienced Lawyers For All Real Estate Needs in Vero Beach
Drive through Vero Beach and you’ll see some of the loveliest homes in Florida. Vero Beach has all types of homes for all family sizes. There are homes with lots of bedrooms for large families. There are condos and coops for seniors. There are places for out-of-staters who vacation in Vero Beach. There are stand-alone homes and homes that fit into communities.
At Lulich & Attorneys, our legal team represents buyers who are purchasing their first home, upgrading into a bigger property, or downgrading when the children leave home or when they retire. We represent sellers who are moving into other homes or downsizing. Our lawyers help developers who are starting neighborhoods. We advocate for both landlords who provide shelter and tenants who need to understand their rights. Our lawyers handle all phases of a real estate sale from the agreement of sale to the closing of the property. We handle commercial and residential leases. Our lawyers help lenders who need to foreclose while also fighting for owners who need to keep their homes.
Our lawyers handle real estate sales transactions and real estate disputes for all kinds of residences including single-family homes, mobile homes, townhouses, duplexes, triplexes, apartments, cottages, parent-in-law suites, and other residences.
How does a skilled Vero Beach real estate lawyer represent buyers?
Buyers of Vero Beach homes select the places they liked to live in one of two ways. Many homebuyers work with brokers who are experienced at buying and selling homes. Brokers advise buyers about the listing price, show the property to prospective buyers, answer questions about the condition of the home, and advertise the property so the other brokers and homebuyers know where to look for a new home. Buyers in Vero Beach may also learn of a choice home through their own research. In the 21st century, research is often done online. Buyers may also learn a property is for sale through friends and relatives, estate notices, and other means.
The bottom line is that homes in Vero Beach are expensive. According to Zillow, a real estate website, the average price of a Vero Beach home is $191,000. You need experienced real estate lawyers who advocate for homebuyers – lawyers who understand what steps to take to help ensure your investment is a sound one financially. You want to enjoy your community when you move into your home. You don’t want to be filing lawsuits because something is wrong with your property.
Our Vero Beach real estate lawyers advocate for homebuyers in the following ways:
- Determining the value of the home. We work with brokers and appraisers who understand the Vero Beach real estate market. These professionals understand what homes are worth in good condition, what the cost of repairs is, and what the value of homes are that you’re buying “as is.”
- Reviewing the sales agreement contract. There are many terms to a standard agreement of sale. You do have the right to negotiate some of the terms to ensure your home meets building code standards, will last for a long time, and will be a quality home. We will ensure in our sales contract review that the sales contract requires that the buyer:
- Be notified of any claims against the home or any adverse interests
- Be told of any known defects
- Has the right to inspect the home with a skilled home inspector – before signing the agreement of sale
- Has the right to inspect the real estate and terminate the contract if there are substantial defects
- Has the right to have any known defects repaired or to have the seller fund any necessary repairs
- Has the right to a return of his/her deposit and to terminate the contract – if the buyer can’t obtain a mortgage within a reasonable time
- Has the right to negotiate many other terms depending on the type of home and other factors
- Representing the buyer during the mortgage approval process. Our Vero Beach lawyers help homebuyers understand what information they need to provide mortgage companies or banks to obtain the loan necessary to finance the home purchase. In many cases, buyers can request a pre-approval of a mortgage up to specific dollar amounts. Again, we’ll negotiate your rights if the mortgage request is denied.
- Inspecting your Vero Beach residence. You need to have a certified home inspector inspect your new property from top to bottom and inside out. The inspector will examine the foundation, the structure, and the roof. He/she will review the electrical, plumbing, heating, and air conditioning systems. The inspector will examine the siding, the driveway, the sidewalk, any pool, and all parts of the property. He/she will look for termites and other hidden damage.
- Helping you time you purchase with the sale of your current home. Many sellers wait to buy a new home until they have an agreement of sale or settlement on their existing home. Our Vero Beach home buyer lawyers coordinate the sale of your existing home with the purchase of your new home.
- Title insurance. We explain why homebuyers should buy title insurance. Title insurance policies should protect you if it turns out there are claims by creditors against the home, claims by utilities to access the property, or claims by people who assert that they have title to the home you bought.
- The mortgage closing. Our Vero Beach real estate closing attorneys work with the bank, mortgage company, and title company to ensure the lender and title company have the information they need. We’ll explain what the mortgage documents are obligating you to do.
- The Vero Beach home settlement. We explain the items on the settlement sheet so there will be no real estate settlement problems. The settlement sheet starts with the sales price and makes adjustments (credits and debits) for everything the buyer and the seller are responsible to pay such as property taxes, utility bills, the title insurance premium, the broker’s fee, and other expenses.
- The filing of the mortgage and deed. We follow through with the title company to ensure your deed is properly filed and the mortgage is also filed with the Indian River County courthouse.
Our Vero Beach real estate attorneys represent buyers who already live in Vero Beach. We also represent buyers from other parts of Florida and other parts of the country.
Our lawyers also represent buyers who want to purchase a home with cryptocurrency, who want to conduct a digital closing, and who have questions about other current real estate issues.
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Our Vero Beach real estate lawyers help ensure home sales protect the seller’s interests
Sellers depend on getting as much money as they can when they sell their homes. Many sellers need the sales proceeds to buy a new home – whether they’re upsizing or downsizing. Sellers need the funds to live in, for their business, or to retire. Sellers of Vero Beach homes want the sales of their homes to take months, not years. They want to know that when the settlement is over and they have their check that the buyer won’t turn around and file a legal claim. Our skilled Vero Beach real estate lawyer work to maximize the net sales proceeds, reduce the likelihood of legal complaints, and have the sale go through as smoothly as possible.
At Lulich & Attorneys, our Vero Beach real estate lawyers represent home sellers in all phases of the sale including the following:
- Advice on how to sell the home. Sellers normally work with real estate brokers who receive a commission if they successfully sell the property. The broker reviews how much you should sell your real estate for, how you should prepare your home for the sale, the steps involved in showing the home to prospective buyers, and other issues that should help the home sell quickly for the price you want. Brokers also arrange the onsite and online advertising. Sellers can also sell their home on their own (called – For Sale by Owner). Sellers who sell their home save on the commission but they need to do much of the same work the broker does in order to sell the home. The sales prices of homes in Vero Beach are generally based on what comparable homes in Vero Beach are selling for. If the home requires many repairs, sellers may list the home for less than if the home was in good condition. The seller usually, in this case, sells the home “as is” so the seller won’t be responsible for bringing the home up to the local building code standards.
- Determining the home’s value. The listing price is the ideal price the seller would like to get. Most homes sell for less than the listing price. Ultimately, the seller receives the price agreed to with the buyer minus numerous expenses such as:
- The mortgage balance
- Any bills due to creditors
- The broker’s commission
- Repair costs
- Other related costs
- Reviewing the sales agreement. The sales agreement sets the price and the terms of the sale. Our seasoned Vero Beach real estate lawyers review the contract. We add in terms to protect the seller’s interests. We negotiate any changes that the buyer may request. Common terms that may be negotiated are the right to inspection and the right to keep the deposit if the sale falls through.
Normally, the title company will review any claims against the home. If any creditors, anyone with an adverse interest, or any other parties have a financial or legal claim – those claims must be resolved before the title company can give clear title. We help by identifying what the seller owes for utilities, taxes, and other claims – as of the settlement date. We negotiate any last-minute issues the buyer raises. We also review the figures on the settlement sheet to ensure you’re getting what you deserve and that the bills associated with the home are paid by the title company.
Why do Vero Beach Homebuyers need title insurance?
At Lulich & Attorneys, our lawyers regularly work with title insurance companies. Buyers need to purchase title insurance to protect their homes from the claims of creditors and anyone with an adverse interest. It’s the sellers who are normally asked to provide information to the title company to resolve any open claims or interests. For example, sellers often need to provide payoff statements for any debts that may be due.
Title insurance companies normally check the prior ownership history of the house and any current claims against the Vero Beach home. Title insurance is used to protect against:
- Deeds that may have clerical errors
- Forgeries on deeds
- Misrepresentation by prior owners as to their marriage status of their age
- Improper legal descriptions
- Estate problems such as wills that weren’t properly probated
- False ownership claims
- Deeds signed by a person who may have had dementia or some other cognitive disability
- Deeds that were executed by someone who didn’t have a proper power of attorney
- Third-party claims
- Many other real estate issues that may affect the clear title to the home
Commercial and residential leases in Vero Beach
Our Vero Beach real estate lawyers are experienced at both commercial and residential leases. We draft, negotiate, and litigate the terms of these contracts. Generally, all leases for real property should be in writing.
Similarities between Vero Beach commercial and residential leases
Both types of leases should identify the property that is being leased. The lease should set the length of the lease, the terms for renewal, and the terms for termination. Most commercial and residential leases require a deposit and monthly payments.
How Vero Beach commercial and residential leases differ
Generally, residential leases are subject to more legislative oversight because everyone needs to have a place to live – not everyone needs to run a business. Some of the other differences between the two types of leases are:
- Most residential landlords give tenants a standard form to sign. Commercial tenants have more ability to negotiate the amount of the rent, the ability to move to bigger places, and the permissible uses of the property. Some tenants may even want to limit competition in the same business location.
- How long the lease lasts. Most residential leases are year to year. Commercial leases may cover several years at a time.
- The status of the tenant. Residential leases are normally individuals and spouses. Commercial leases may be signed by a corporation, individual, or other entities.
- Commercial tenants often need to pay extra attention to how customers/clients can enter their business location and where they can park. Residential leases may also control the terms of access for the security of the tenants.
It’s always advisable to review any type of lease with an experienced Vero Beach attorney to ensure you understand your rights and obligations. Commercial leases should be reviewed by lawyers who have business experience because the terms of the lease directly affect the ability to make a profit or serve the community – such as when and how the tenant can advertise the business (for example, by posting signs near the business site). Tenants in both commercial and residential properties need to consider buying premises liability insurance and property insurance. The requirements for repairs should be set forth in the leases.
How foreclosures and evictions are handled in Vero Beach
At Lulich & Attorneys, we understand that sometimes it’s difficult to pay the mortgage or the rent. We represent both mortgage holders and landlords. We also represent homeowners and tenants.
Foreclosure proceedings. Florida provides numerous protections for homeowners. Mortgage holders who want to foreclose on a property need to work with experienced Vero Beach foreclosure lawyers who understand when, how, and where to file foreclosure proceedings. We’ll guide you through the step-by-step foreclosure process. We also represent homeowners who can’t pay their mortgage due to medical bills, the loss of a job, or other reasons. We fight to help homeowners stay in their homes. In some cases, new financing or payment arrangements may be required.
Evictions. If tenants don’t pay their bills, destroy property, or disturb other tenants; landlords may be forced to file eviction proceedings. Florida and Indian River County have certain rules that must be followed to protect both the landlord and the tenant. The rules for eviction of residential tenants are generally stricter than for evicting commercial tenants. We represent both landlords and tenants in eviction actions.
Litigation of Vero Beach real estate disputes
Disputes regarding the purchase, sale, development, and habitability of Vero Beach homes happen for many reasons. Disputes may revolve around financial matters. Disputes may revolve around the right to live in the home or to the quality of the home. Our Vero Beach lawyers handle the following types of real disputes.
- Development conflicts
- Contract breaches
- Insurance disputes
- Water rights
- Boundary disputes
- Many other real estate disputes
We’re ready to negotiate these conflicts. We’re also ready to litigate these conflicts in court if necessary.
How Vero Beach homeowners can benefit from the Florida Homestead Exemption
The Florida homestead exemption can help some homeowners save their homes from the claims of creditors. Generally, homeowners must assert the homestead exemption before the creditors file a complaint seeking a judgment. Only people, not business entities, can assert the homestead exemption. The homestead exemption should be used for people who want to live in the home – not for investment properties. The location and acreage of the property may affect the ability to assert the homestead exemption.
The exemption doesn’t protect against mortgage holders, tax authorities, and holders of mechanic’s liens (generally created for work done on the home). The homestead exemption may apply – even if you want to sell your home.