A1A Law & Real Estate

Real estate attorneys deal with all aspects of a real estate transaction. We deal with buyers and sellers, brokers and realtors, closing agents, lenders, condominium and homeowner associations, and other involved parties. Real estate attorneys have seen real estate transactions succeed and fail. Real estate attorneys know how to avoid problems and can deal with problems if they do arise. By using a real estate attorney as your real estate agent, you get all of that experience from day one. And of course, it doesn’t cost any more to use an attorney as your real estate agent!

Only a licensed attorney can represent you in court. A real estate agent who is not an attorney cannot defend you in court and cannot sue defaulting parties on your behalf.

Legal disputes can occur in real estate transactions. Sometimes the other party breaches the contract and causes you damages. A real estate agent who is not an attorney cannot sue that party on your behalf. You would need to hire an attorney.

Sometimes the other party thinks you breached the contract and they sue you. A real estate agent who is not an attorney cannot defend the lawsuit on your behalf. You would need to hire an attorney.

When you use an attorney as your real estate agent, they can sue defaulting parties on your behalf and they can defend you in court if you are sued.

It’s one-stop shopping, and of course, it doesn’t cost any more!

Only a licensed attorney can give you legal advice. A real estate agent who is not an attorney is not allowed to give you legal advice. Giving legal advice without a license to practice law is known as the “unlicensed practice of law.” In the State of Florida, unlicensed practice of law is a third-degree felony.

Why is unlicensed practice of law a felony? Because the legislature recognizes that individuals who are not licensed attorneys should not give legal advice, because they are not trained in the law, and because it could be detrimental to the public for unlicensed individuals to provide legal advice.

If you need legal advice in a real estate transaction, you would need to hire an attorney. However, when you use a licensed attorney as your real estate agent, you have access to free, on-demand legal advice from an individual who is actually allowed to provide such advice.

And of course, it doesn’t cost any more to use an attorney as your real estate agent!

Only a licensed attorney can draft contracts and other legal documents. Real estate agents who are not attorneys are allowed to fill out pre-approved forms, but are not allowed to draft contracts or other legal documents for their clients. Many real estate transactions require the preparation of additional legal documents, including leases, options, trusts, powers of attorney, and various other documents. Only licensed attorneys can prepare these documents for their clients. Since the preparation of these documents by a non-attorney may constitute the unlicensed practice of law (a third-degree felony), real estate attorneys are used to prepare these documents. When you use a real estate attorney as your real estate agent, your access to all of these documents is included. And of course, it doesn’t cost any more!

Many purchasers of real estate find it beneficial to own their homestead property in a revocable trust, or to own their rental property in a corporation or LLC. A real estate attorney can help clients evaluate these options, and can draft revocable living trusts and set up corporations and LLCs. When your real estate agent is also a real estate attorney, you have the greatest number of options, you save time, and of course, it doesn’t cost any more!

These days, many properties are located in condominium or homeowner associations. A real estate agent who is not an attorney may not be familiar with the laws and regulations governing these associations. A real estate attorney is able to advise clients as to the requirements of the Florida Condominium and Homeowners Association Acts, and the requirements of an association’s governing documents, which include the obligation to pay regular and special assessments, along with various use restrictions. Understating these laws and restrictions is crucial to the successful purchase or sale of a condominium or homeowner association property.

When an owner of property is unable to pay their mortgage, their lender may foreclose on the property. The owner is still able to sell the property, but many real estate agents are not familiar with selling properties that are in foreclosure. Even agents that are familiar with foreclosures cannot represent an owner in the foreclosure, unless they are also an attorney. When a seller in foreclosure uses a real estate attorney as their real estate agent, the attorney can not only list and sell the property, but can also represent the owner in the foreclosure so that the owner has the time and ability to market the property. There are also many real estate investors that are interested in purchasing foreclosure properties. By using a real estate attorney as their agent, those investors have a better understanding of the foreclosure process, and are able to make better investment decisions. And of course, it doesn’t cost any more!

When an owner of property dies, the property must go through probate to vest title in the heirs. The heirs are able to sell the property, but many real estate agents are not familiar with selling properties that are in probate. Even agents that are familiar with probate cannot represent an heir in the probate, unless they are also an attorney. By using a real estate attorney as their real estate agent, owners of property in probate are able to effectively prepare to market and sell the property, and of course, it doesn’t cost any more!

Most real estate agents represent their clients as a “transaction broker.” A transaction broker provides a limited form of representation which does not include a duty of loyalty, confidentiality, or obedience. The default setting for a real estate agent is a transaction broker. A real estate agent has the ability to represent his or her client as a single agent, which does include a duty of loyalty, confidentiality, or obedience, but the agent must specifically inform the client of such representation in writing. If your real estate agent did not specifically inform you in writing that they are acting as a single agent, then they are not. They are representing you as a transaction broker and do not owe you a duty of loyalty, confidentiality, or obedience.

Most buyers and sellers do not even realize that their agent does not owe them a duty of loyalty, confidentiality, or obedience and most real estate agents do not inform their clients of this fact.

On the other hand, an attorney always owes a duty of loyalty, confidentiality, and obedience to his or her client. And of course, it doesn’t cost any more to use an attorney as your real estate agent!

A real estate agent must have a high school diploma. An attorney must have a high school diploma, a 4-year college degree, and a 3-year law degree. And must pass the bar exam. While many real estate agents have college degrees, it is not required. By using a real estate attorney as your realtor, you get the benefit of their enhanced education, and of course, it doesn’t cost any more!

Real estate agents that are not attorneys are not allowed to give legal advice, draft contracts, or represent you in court. When real estate agents have any legal questions, they contact an attorney. When you use a real estate attorney as your agent, you save time and money by having on-demand access to legal advice and documents, and of course, it doesn’t cost any more!

The Number One advantage to using a real estate attorney as your real estate agent? It doesn’t cost any more! By using a real estate attorney as your agent, you have access to their real estate knowledge, their legal advice, their experience with all aspects of a real estate transaction, their ability to draft legal documents, their ability to represent you in court, their increased educational requirements, and their enhanced fiduciary duties, for the same commission that you would pay to any other real estate agent. With all of these advantages, it makes sense to use a real estate attorney as your real estate agent!