Purchase & Sale Contracts

At J&J Legal, in addition to practicing real estate law, we also offer full title services for consumers and real estate professionals.  Our experience enables us to complete your title and closing work for about the same cost as your average title company, even though we are a full-service real estate law firm.

What is title?

“Title” refers to a person’s ownership and right to dispose of a property. “Good title” means there are no significant encumbrances or limitations relating to a person’s ownership of that property. Examples of an encumbrance or limitation might include an IRS tax lien, a judgment or a homeowner’s association lien from a prior owner of the property. If encumbrances are not paid or removed at the time of purchase, they will become the responsibility of the new owner as they continue to attach to the property.

When you are buying real estate, you receive an owner’s title insurance policy issued by a title insurance company or an attorney licensed in the state of Florida. This policy protects your interest as a purchaser and protects you from any prior title deficiencies, unless an exception is noted in your policy.

Why is a law firm better than a title company?

The duties, skill sets and qualifications of a title company are very limited compared to a law firm. An ordinary title company may be sufficient if you have no legal questions and there are no unexpected events that arise during the real estate transaction. However, what if you need agreements drafted to protect you? What if you need a “threat letter”? What if you need an escrow agreement or repair clause? What if you need an attorney to warn potential defaulting parties that you will be protecting your legal rights? At J&J Legal, we go above and beyond what a title company can offer by providing legal advice. Unlike real estate agents, who are only authorized to engage in the limited practice of law by filling in the blanks of pre-printed forms, a real estate attorney is trained and authorized to practice law. This means a real estate attorney can explain the terms of the contract, draft a narrowly tailored contract to protect your interests, and address any issues that arise with the transaction, including defects in title.

At J&J Legal our top priority is protecting your assets. Contact J&J Legal today to talk to an experienced professional about your title and real estate needs.

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