We Are Experienced Real Estate Attorneys

Over 20 years combined experience in commercial and residential real estate law. From simple residential transactions to complex commercial transactions we have the experience you need.

Whether you are buying, selling or leasing commercial or residential real estate in the Orlando, or Greater Orlando, area you need an experienced real estate attorney to protect your interests. You need someone who understands the documents and their legal repercussions to verify you are getting what you want in the way you think you are getting it. Even simple looking real estate transactions have a lot of players, real estate brokers, real estate agents, mortgage brokers, lenders, loan processors, home inspectors, appraisers, and closing agents.

Reviewing all the documents and managing the process can be more complex than you, at first, might think. Your real estate attorney can manage the process from start of negotiation to finalization of the sale or the execution of a lease. If any issues are found your lawyer can, negotiate any necessary changes, prepare addendums representing those changes, make sure they are incorporated into the contract and are binding.

Based in Orlando, Florida our law firm represents owners, buyers, sellers, landowners, landlords, investors, commercial and residential developers, brokers, lenders; as-well-as homeowner and condominium associations to handle many different types of real estate transactions.

Our real estate lawyers have the knowledge and ability to represent you at every phase of the real estate transaction. Our goal is to make the process go as smoothly as possible. If a problem does arise we have the experience to efficiently resolve the issue.

Real Estate Transaction Services We Provide

  • Buyer/Seller Representation Residential Real Estate Transactions
  • Residential Real Estate Contract Review
  • Buyer/Seller Representation Commercial Real Estate Acquisition
  • Commercial Real Estate Lease Review, Negotiation & Drafting
  • Commercial Real Estate Development
  • Escrow Services
  • Title Searches, examinations, and insurance
  • Closing Document review and Preparation
  • Commercial & Residential Closing Services
  • Mortgage and Refinance Closings
  • Prepare Financing Documents
  • Loan & Mortgage Agreements – Including Adjustments and Modifications
  • Liens
  • Like Kind Exchanges (1031 Exchanges)

Our attorneys will effectively work to protect your interests. From the beginning of the real estate deal negotiating terms, reviewing documentation, doing due diligence, through to managing the closing, our goal is reduce risk and protect you and your assets.

Types of Real Estate Litigation

Are you involved in a real estate dispute? Whatever the issue, our goal is to resolve it as quickly as possible through mediation and negotiation. But, if we have to we are ready to litigate even the most complex case in court.

  • Breach of Sale or Purchase Agreement
  • Failure to Disclose Property Defect
  • Residential Landlord Tennant Disputes
  • Commercial Landlord Tenant Disputes
  • Breach of Commercial Leases
  • Quiet Title Lawsuits
  • Construction Litigation
  • Construction Defect Lawsuits
  • Foreclosure Defense – Lender Advocate
  • HOA and Condominium Association Disputes
  • Commercial Evictions

Why You Should Use A Real Estate Attorney

For most people buying a home is the biggest single purchase they will make in their lifetime. There is a lot of money involved. And, unfortunately, there are a lot of ways to take advantage of unsuspecting buyers or sellers. That is why real estate transactions are heavily regulated. In some states you cannot buy or sell a property without a real estate attorney being involved in the transaction. However, Florida is not one of those states. In Florida you can use either a real estate broker or a real estate attorney.

When you buy or sell a piece of real estate, there is a team of people involved in completing the actual transaction. Most people are not involved in enough real estate transactions to realize how many people are involved; real estate agent, real estate brokers, appraisers, inspectors, loan originators, mortgage brokers, mortgage processors, title agents, title insurance companies and you the buyer or seller.

Each one of those people, in one way or another, have an interest in your real estate transaction. However, of all those people involved, not one can advise you on the legal ramifications of any part of the transaction. If you have a legal question about any of the terms or conditions in any of the documents at closing, no one there will be able to answer it for you. Frankly, if you have a legal question throughout the entire process, not just at closing, the only team member that can answer it for you is your attorney.

Most of the documentation involved in a residential real estate transaction are standardized. For example, consider, the FARBAR. FARBAR stands for Florida Association of realtors (FAR) and Florida Bar Association (BAR) it is the standardized purchase contract used by most real estate agents. If you need an addendum to that contract, unless there is a standardized addendum available for what you want to change, they cannot legally write the addendum.

For Residential Real Estate Transactions

Even though residential real estate transaction are so heavily regulated and standardized why enter into one of the biggest transactions that will likely impact your life for the next 20 or 30 years (depending on the term of the loan) without thoroughly understanding the rights and obligations you are agreeing to.

For Commercial Real Estate Transactions

Buying a piece of commercial property is far more complex than purchasing a home. These transactions should simply not be entered into without a real estate attorney on your team. There is far too much due diligence that need to be done.

When Should You Use A Real Estate Attorney

We believe you should always work with an lawyer during a real estate transaction. The cost relative to the amount you are spending on the house is really not that much. Even in states like Florida that use pre-approved documents like the FARBAR it is a good idea to have an attorney review all the documents. Although you are not required to have an attorney there are definitely times when using an attorney is a must:

  • Anytime the purchase contract is not the FARBAR.
  • If you live in another state or country and are buying property in Florida.
  • You are buying property that is part of an estate sale, a short sale, or is bank owned.
  • The transaction is a FSBO (For Sale By Owner)
  • You are buying or selling a commercial property.
  • There are physical issues with the property.
  • You are buying an investment property.
  • Transferring title to another party.

What Does A Real Estate Attorney Do?

Your real estate attorney will do as much or as little as you want. Here are a few matters that our real estate lawyers help clients with.

  • Do title research to make sure all title defects are known.
  • Work to cure or clear those title defects and arrange a title commitment and insurance.
  • Help you understand all the transaction document; especially the sales contract.
  • Find any registered covenants or easements.
  • Prepare and register closing documents.
  • Review the mortgage and loan terms if any.
  • Verify tax and utility payments.
  • Attend the closing and review paperwork.
  • Arrange for escrow to be transferred.
  • Draft the Title and Deed to ensure legal ownership is transferred.

All real estate transactions, to varying degrees, are complex. There is a lot of money involved. And when there is a lot of money involved, someone, somewhere, will try to get away with something that’s not in your best interest. A real estate attorney will work to make sure you interests, and investment, are protected.

Downtown Orlando Office

790 N. Orange Ave
Orlando, FL 32801
Phone: (407) 259-2426
Toll Free: (866) 801-2636
Fax: (407) 391-3626

Metrowest Orlando Office

7065 Westpointe Blvd., Ste 311
Orlando, FL 32825
Phone: (407) 456-7381
Email: contact@walshbanks.com

About

Walsh Banks Law is a boutique law firm located in Orlando, Florida. We specialize in business law, real estate law and commercial litigation.