Buying and Selling Real Property Is Easy, So Why Do I Need a Lawyer?
One truism stands the test of time is that there is no such thing as free lunch. Every student of Economics will learn that in Economics 101. Along a similar vein is the idea to be suspect of something that seems too easy. If something that should probably require a good amount of thought and expertise seems to come very easily, more often than not it means that something has been overlooked. On occasion, businesses and individuals overlook the fact that they may need assistance in something that appears to be relatively easy: case in point – the purchase and sale of real property. Particularly if that real property has no building or other fixture attached to it. At this moment, the screeching of brakes should be coming to your mind if you think that a lawyer is absolutely unnecessary. Sure, many stores such as Office Depot provide basic forms for certain contracts. However, the majority of the population isn’t familiar with compliance to state, county, or local laws when it comes to the purchase and sale of real property. For instance, most people are unfamiliar with the real property term Statute of Frauds. That’s where a commercial real estate lawyer comes into play. Things are never an issue until they become an issue. Hiring a lawyer for your real estate needs is a smart idea, even during the healthiest of markets.
Today’s Healthy Real Estate Market
At present, the real estate market is arguably booming. To be honest, anything is better than the last real estate bubble of the late 2000s. Those dreadful days are (hopefully) over, but that doesn’t mean that a commercial real estate lawyer isn’t a necessity. In times of dire straits, the public flocks to “lawyer up”. Unfortunately, the legal expertise of a commercial real estate lawyer seems to be the last thing on a seller or buyer’s mind – particularly in the currently rising real estate landscape. Although you may have (fortunately) survived relatively unscathed from financial crisis or real estate bubble of the late 2000s, you probably know stories or someone who was affected on a personal level. You shouldn’t let that person be you.
Unauthorized Practice of Law: Only a Lawyer Can Provide Legal Advice
Did you ever presume that the buying and selling of property wouldn’t be that much paperwork or time-consuming, only to find that it is quite the contrary? Did you ever hear about the real estate agent who provided all the legal advice their client needed when buying or selling real property? No, you probably didn’t. That would be the unauthorized practice of law. No one can provide legal advice except for a licensed lawyer. In addition to passing a thorough background check, lawyers go to many years of school as well as undertake difficult exams to be licensed to practice law. Unless someone shows you their bar card, don’t take legal advice from them. You wouldn’t trust a banker to fix your roof, anymore than you would expect a non-lawyer to give you legal advice regarding any legal subject matter.
Unlicensed Practice of Law
Due to the unfortunate circumstance of non-attorneys practicing law and causing harm to general public, the Florida Bar has a page on their website which is devoted to assisting the public against the unlicensed practice of law. There is a video, as well as articles and other resources available. As a matter of fact, there is an Unlicensed Practice of Law Committee devoted to this exact issue. Details regarding the committee members and other information can be found at the Florida Bar website here.
Last August a consumer alert was sent out by the Florida Bar warning potential victims of individuals who were falsely offering legal services. The Consumer Alert was titled, “Individuals arrested for operating phony South Florida firms.” Although this is an example of individuals who were claiming to be associated with a law office, many other individuals attempt to provide legal advice and do not purport to be involved with a law office. Nevertheless, the unlicensed or unauthorized practice of law is something that the general public needs to be aware.
Seek Advice From a Licensed Attorney in Real Estate and Beyond
Both businesses and individuals alike benefit from hiring a commercial real estate lawyer. Why worry about conforming with the necessary and legal requirements of buying and selling property when your commercial real estate lawyer can do that for you? You wouldn’t attempt to put a roof on your house or pour a foundation without the assistance of a professional in the construction industry, so why would you attempt to buy and sell commercial real estate without the advice and assistance of a commercial real estate lawyer?
Don’t fall victim to any pitfalls that can be avoided by hiring a commercial real estate attorney. Avoid those who try to give you legal advice that they are not authorized to give. Although the real estate market is doing well, that doesn’t mean that you shouldn’t still take precautions to make sure that your real estate enterprise is in good hands. Buying and selling real estate should be easy, especially with the assistance of a commercial real estate attorney.
At Bret Jones, P.A. our lawyers have experience in commercial real estate. Our expertise and enthusiasm for the real estate realm stems from a deep interest and passion for the area. We believe in being on top of the cultural trends, and advising our clients so that they can succeed. Contact our offices for a meeting with our commercial real estate legal team. We are excited to be a part of the healthy real estate market of today, and we want to do our part to help both the economy and the real estate market thrive.