What is a Florida Attorney for Real Estate?

For every aspect of life there is a set of regulating laws. Real estate is no exception. A Florida attorney for real estate is aware of the laws put in place by the federal government and the state of Florida when it comes to buying and selling real property. There are many different types and classifications of real estate. As such, real estate law is complex which is why many seek the help of a lawyer. The notion of property rights and real estate law has been around for as long as people have lived in homes and have conducted business, but that does not mean it has been simplified.

new home florida real estateUnderstanding Real Estate

Real estate, or real property as it referred to by lawyers, is an umbrella term encompassing the rights associated with land and buildings including but not limited to buying, selling, renting, or using land and the buildings on it. There are other types of property law that have nothing to do with real estate which is why a distinction must be made. These other types of property include stocks, money, notes, intellectual property, and other intangible property. There are lawyers and attorneys that focus on these types of property. An attorney that works with the actual real estate is known as a property attorney or real estate attorney.
Each state regulates and designates their land differently. Under the Constitution of theUnites States of America, each state has jurisdiction over the land within its borders. This is partially what makes real estate law so complicated. If you move from one state to another you will have to learn what is legal in the new state because each state has different real estate laws. If you are new to Florida, or if you have lived here your whole life and simply want to make sure you are acting in your best interest in accordance with Florida law and customs you should seek the advice of a Florida attorney.
Real estate laws can be found in all levels of the American legal system, at the federal level, state level, and regulations at the local level, making real estate law quite complicated to grasp even for non-real estate attorneys. Unfortunately there is not one place a lay person can go to get a clear consensus of how to buy or sell a particular type of land. This is why many seek the help of qualified attorneys. Real estate law can be complex to handle on your own, so your best bet may be to hire a qualified Florida attorney for real estate.

Commercial and Residential Real Estate

State governments and local governments use zoning to distinguish different uses for different pieces of real property. Often land is zoned to be used for either commercial or residential purposes. Commercial real estate may be more regulated and rules more strictly enforced than residential real estate. This is because commercial real estate has the potential to affect more people than any single residential property does. Commercial enterprise has multiple people coming in and out daily, whereas a home only has those that live there coming and going. Some of these stricter laws include hazardous waste laws, environmental laws, and safety laws. There are many laws that a commercial property owner should be aware of which can become overwhelming, but with the help of a commercial real estate attorney it becomes much less daunting.
The contracts involved in buying and selling commercial property tend to be more complicated. Because commercial real estate law is concerned with properties that conduct business that aim to gain a profit there are few extra clauses, or adjusted clauses, that are found in the contracts for buying and selling. When buying or selling a commercial property it is a good idea to hire a commercial real estate lawyer to help make sure you are doing everything in congruence with the law, and in your best interests.
Not only are there real estate regulatory laws to be aware of when you own a property, there is a whole other set of laws that dictate the buying and selling of property. With no surprise, there are many differences between buying and selling commercial property and doing so with residential property. Note that buying and selling residential property tends to be much simpler than buying and selling commercial property.

Exterior of a modern apartment blockReal Estate Laws for Apartments and Condominiums

There are many types of laws encompassed by commercial real estate including but not limited to property law, land use law, insurance law, and contract law which makes it interdisciplinary and complex. This can be eased with the help of a Florida attorney. Real estate should not be scary, but it can become problematic if the right steps are not taken. For example, contrast the difference between an apartment and a condominium.
An apartment is a rented unit usually in a building with many units owned by one entity. Condominiums usually look a lot like apartments, but instead of all of the units being owned by the same person or entity who rents them out to tenants, each unit is separately owned. The owner of a condominium may live in their unit, or they may rent it out like an apartment. Although people live in apartments, many times laws that pertain to apartments resemble those for commercial properties. This is because the property is being used to earn a profit. Like most real estate laws, laws that relate to apartments and condominiums are complicated, but luckily there are condominium lawyers that can help.
If you are the owner of an apartment complex you are not only a landlord, but also a business owner. There are many laws that require compliance, so it is in your best interest to hire a Florida attorney to ensure compliance. Real estate laws, both federal and in the State of Florida, define what rights tenants have. As an apartment owner you should be aware of these laws to make sure you are not infringing on your tenants’ rights. If you are a tenant, it may be a good idea to consult with housing lawyers, to make sure your rights are not being infringed upon. Some of these rights include tenant safety, the return of security deposits, and the right to sublet. These rights differ depending on the local laws of the area, so it is important to either know your rights or hire someone who does.

Getting Further Help, Regarding Real Estate Law

Although the economy has mostly recovered from the bursting of the housing bubble, many people are still very hesitant when it comes to buying or selling property. Because so many people lost both their money and property due to the bubble bursting it is a common to tread carefully. However, there is no need to be afraid of the real estate market, including in the State of Florida. Although signs of the housing collapse linger, the Florida real estate market is shored by a robust real estate law framework. If you are still hesitant about buying or selling, or you simply want to make sure you are correctly managing the property you already own, search for a real property lawyer.
With the help of a Florida attorney for real estate you can rest assured when buying or selling property. Although the market is once again healthy, many are dedicated to keeping it that way. Real Estate Lawyers and attorneys make sure you are following the letter of the law.


In a real estate transaction there will be many people asking you questions (especially if you are the buyer), but there are also many questions that you should be asking as well. With the help of a lawyer for real estate you should come up with a list of questions to ask your real estate agent, lender or mortgage broker, and property inspector. Buying and selling real estate is usually a big deal. Most people only do so a couple of times in their entire life, so it is more than okay to be hesitant and to ask a lot of questions.
Florida has experienced a lot of economic growth in the past couple of years. Many people have moved to the state. They have bought homes and other residential properties. With more people living here, a demand for more businesses has also been created which means more commercial properties are being bought and sold as well. If you are one of the new comers to the beautiful sunshine state, or if you have been here your entire life, you will most likely need a Florida attorney for real estate at some point in time. The law office of Bret Jones, P.A. Attorneys and Counselors in Clermont Florida stands ready to serve you for any real estate law needs you may have.

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