[cmsvmom]

Here in northern NJ, every real estate transaction, no matter how small or simple, involves an attorney. They order title, prepare the hud and disbursements, closing documents, as well as negotiate any issues concerning inspections. They also review the initial contract (offers in NJ are in written contract form) and make changes. It's not required, but everyone in northern nj does real estate this way.

I will be buying in the emerald coast area of northern FL this summer. Do I need a real estate lawyer down there, or is it standard to have the realtor and title company do everything?

Also, when buying a newer home in that region, what is a licensed home inspector looking for, and what should I get for my money from one?

[Songbird42]

The title company and realtor do all the paperwork........inspections are just as important here as up North, you want to know if your home is in a sinkhole area, termites, proper electrical workmanship etc.

When I moved into my brand new home, the outlets in the bedrooms were not hooked up, and they left two outlets off the main wall in the livingroom.
Also attic stairs were not put in...........builder/subcontractors were at fault.

Oh, also ask to see that all subcontractors were paid, otherwise, they can put a lein on your property.

[TriMT7]

Get an attorney. It costs the same, and you have someone representing YOU in the transaction, unlike a realtor or title company which doesn't represent you!

[riveree]

I agree, my preference is for a real estate attorney. A realtor can be helpful for getting into contract, but a real estate attorney will be better for the actual closing (they can do contract too, of course).

As for a brand new home by a national home builder, well, using a home inspector and a realtor/real estate attorney could be a big help, but I've done it without all of the above. I visited the job site every day as the house was being built (I was local, so that was easy to do), so I was able to walk behind and check the work each day. The closing was a breeze, the builder used a real estate attorney that they paid for...which happened to be my own real estate attorney by chance! So for me, it would have been overkill, plus, I don't need a realtor's help in choosing a neighborhood or a house.

If a home inspector gives you peace of mind and you won't be able to watch the progress of your home being built, then I think they're worth it. As for real estate attorneys, I love 'em...I don't love the realtors so much (sorry realtors!).

p.s. Title is outsourced by everyone anyway...First American handles a big chunk of the business nationwide.

[Magnolia Bloom]

The title company works for the lender and the realtor works for the seller (and their commission), I would get a real estate attorney. I worked for a title company owned by a major builder and you wouldn't believe the stuff they closed.

[cmsvmom]

Thanks all. I would be working with a realtor as a buyers or transaction agent, depending on the property. (I don't think you have disclosed dual agency in Florida like we do in NJ) My question really had to do with what is customary in north Florida/emerald coast area. So far I am really not looking at a brand spanking new house, but at homes that already exist and were built between 2002 and 2005. I figure that gives me some history to see what the hurricanes did, and what repairs were done to the homes.

Good point about making sure that all contractors were paid. This is particularly important if I buy a home where there were renovations or repairs.

And yeah, sinkholes.....and termites....and liens....OH MY!

[riveree]

Originally Posted by cmsvmom

Thanks all. I would be working with a realtor as a buyers or transaction agent, depending on the property. (I don't think you have disclosed dual agency in Florida like we do in NJ)

You mean when the realtor has to disclose if they end up working for both sides of the deal - buyer and seller - we have that law.

[cmsvmom]

But does both sides of the deal become dual agency or transactional agency? Dual agency means represntation of both sides. Transactional agency means you are just putting the transaction together

[Prichard]

If you're from up north, don't presume that you know how real estate transactions are supposed to take place in Florida - some things are very different, and other things are the reverse of what you might be used to.

Use an attorney if you've never bought/sold real estate in Florida - get one that knows real estate, pay him for an hour of time and pick his brain....BEFORE YOU SIGN A LISTING AGREEMENT, BROKERAGE REPRESENTATION AGREEMEN OR CONTRACT.

After you start start signing your name to things, the "screw'n" is over and an attorney ain't going to do you much good, other then tell you how bad you screwed up.

Inspections are very important - better get a good inspector, someone who has a WDO certification is familiar with older homes and new construction. If he doesn't have a WDO cert, you might as well roll the dice and make room for your new tenants - the Termite family.

[cmsvmom]

What is WDO certification?