Real estate law covers all of the real properties that exist in our nation and provides legal mandates on how to purchase those properties as well. We would like to inform you that if you are hoping to sell, rent, or purchase property in Florida, you must abide by those aforementioned guidelines.
Even more so? You might just even be curious about how to correctly circumnavigate through the legalities of real estate in our State. If you do succeed, you shall reap the benefits of a wondrous investment opportunity or simply a personal accomplishment. If you relate to any of these mentioned topics, we would like to say that you’ve arrived at the right place.
You may ask yourself specifically why we are mentioning the law in Florida so much. Well, that’s because Florida real estate law is very specific in comparison to other mandates in the rest of the country.
It is for that reason that we would like to provide you an informational account that hands you the tools and security needed to ensure that you secure the property of your dreams. Without further ado, we kindly ask you to keep reading along with us as we break down these legal parameters and why a legal representative can help you attain your real estate goals.
Table of Contents
The Legal Basis of Florida Real Estate
Legal scholars have reached a consensus that real estate is known as any area of land that serves a purpose for maintenance, zoning, residences, or businesses. These assets are thus represented as buildings, houses, fences, and even trees. A more colloquial version of this legal definition sees real estate as anything that can prove to be “real property” for use.
Furthermore, real estate law in Florida concept includes a wide range of different legal disciplines.
- First, real estate could be either commercial or residential. In terms of ownership, it can be possessed by one individual but operated or managed by another party if there are specific rental agreements set in place.
- Be advised that all land can be bought or sold, and due to its high value, there are many local laws that ensure real estate transactions are properly performed and recorded.
- Secondly, land may also pass down between family members through the work of estate planning. However, you should know that these properties can be owned by more than one person at the same time.
- Lastly, state and local governments have put in place specific rules focusing on what purposes that land may be used for. For example:
- Each plot of land must be used according to local zoning laws,
- Landowners are prohibited from not damaging the surrounding environment.
Real Estate Laws That Protect Property Owners and Tenants
Delving into the facts, we have to remember that residential real estate covers all single-family homes that carry one to four units in private residences. On the other hand, commercial properties cover areas with five or more units.If you are hoping to pay rent for a property, you’ll be pleased to know that there are several laws in place that are meant to protect your rights.
This is because the legalities within residential real estate law can be quite complex and proceed to complicate the lives of the tenants. Also, these laws are present to disallow that the landlord can take advantage of the tenant’s rights and money.
So, you should take into account that if you seek to rent, there are two main federal laws that preside over all landlords and property managers. These two are the Fair Credit Reporting Act and the Fair Housing Act.
The Fair Housing Act does not permit for any discrimination due to color, national ethinicity, sex, disability, or religion to come from the landlord. This creates a standard of no toleration for discrimination, allowing for tenants to freely search for a place to live. More specifically, it permits the extension of crucial aspects of leasing to include advertising and other informational accounts. As a result, it prevents landlords from selling or renting out their properties to only a certain group of people.
The Fair Credit Reporting Act, on the other hand, mandates the forms in which a landlord is allowed to utilize a tenant’s credit history for screening purposes. Under this law, a landlord must get an applicant’s permission to run a credit report, provide information on the credit reporting agency used to the tenant, and inform the applicant if information on the credit report was the basis for denial or approval action. These acts are non-negotiable and must be adhered to at all times.
Real Estate Attorneys Deliver Case and Purchasing Success
It is detrimental to understand that without the help of a real estate lawyer, it will be very difficult to effectively utilize Florida real estate to your benefit.
With a proper understanding of real estate law concepts with an expert on your side, you will be more equipped to correctly invest in your dreams as a property owner.
You see, a Florida real estate attorney will save you time and money. How may you ask? These legal experts will verify your homeowner contracts or rental agreements. Furthermore, they will also educate you on how to avoid any potential schemes within those documents that could lead you to the bad spot.
To avoid any misinformation, a competent Florida real estate attorney has the ability to ur attorney will be even able to formulate a contract that is tailored to your property interests while also complying with Florida real estate law
Let’s see that you aren’t a tenant but instead want to become a proud homeowner. Since you wish to buy a home, your South Florida real estate lawyer will guide you throughout the whole purchasing process. When the tough gets going, your legal expert will be ready to battle it out for you! Be advised that it is very important to have a real estate attorney especially in the closing portion of the purchase.
Lastly, remember that a Florida real estate attorney will provide you with a feeling of credibility and security to make sure that you attain your goals. This is because Real estate attorneys know this Florida real estate law better than anyone else. There’s nothing better than feeling confident when going through these types of negotiations.
Get Some Legal Counsel at Once!
We’d like to thank you for taking the time to stick around and read our article. We are more than sure that we provided you with crucial knowledge on why it is so important to properly inform you on the specifics of Florida real estate law. However, don’t forget that to reach success, you have to be properly counseled by the best in the business. Get in contact with them as soon as possible!