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Florida Real Estate FAQs

The West Palm Beach real estate attorneys at Bruce S. Rosenwater & Associates, P.A. represent clients in all phases and types of residential and commercial real estate transactions, including real estate contract review, closings, zoning, and real estate development. We also handle property disputes, evictions, HOA issues, and foreclosures. Here, we answer some frequently asked questions about the legal aspects of real estate dealings in Florida. For advice regarding your specific real estate concern, please contact our West Palm Beach office.

What Is a Title Examination?

A title examination takes place as soon as the attorney handling a real estate closing receives the title search report from the underwriter. The title search report includes any deeds, mortgages, judgments, easements, restrictive covenants, liens, and/or divorce settlements linked to the property being bought. The closing attorney looks closely at all the documents found during the title search to determine the current status of title and to identify any issues with it. This title examination is critical to ensure the real estate you buy is free from any encumbrances.

What’s Involved in Commercial Real Estate Transactions?

Buying and selling commercial real estate in Florida involves many steps. But while the process may be lengthy and complex, if the transaction goes smoothly and you get what you bargained for, you can feel good about your investment of time and money. The general steps include drafting and negotiating a letter of intent, drafting and negotiating the purchase and sale agreement, conducting a due diligence investigation, drafting and negotiating the documents necessary to convey clear title, satisfying pre-closing conditions, and closing the purchase and sale transaction.

Can I Get Zoning Changed in Florida?

Land in Florida is generally zoned for a particular use or purpose, such as residential, commercial, industrial, historical, and environmental. As a property owner, you may want to do something on your land that isn’t permitted by its zoning designation. But it is possible to get a zoning variance, a special use permit, or change the zoning designation in some cases. To obtain a variance or change in zoning, you must carefully follow all procedures within the zoning ordinances, which can be very specific. An experienced real estate attorney can increase your chances of making a successful rezoning request.

Can I Get Compensation for a Damaged Tree in Florida?

Yes, under Florida law, you may recover your actual damages if someone damages a tree on your property. Actual damages are what you paid for the tree, what it would cost to replace the tree, and diminished property value. This compensation is available to you even if the damage was unintentional.

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