Real Estate Law

Quick Answers on Florida Real Estate Law

  • Florida allows closings without an attorney. Title companies handle straightforward residential transactions. Attorney involvement matters most for higher-value, cash, out-of-state, investment, distressed, or complex deals.
  • In Palm Beach and Broward counties, the seller pays owner's title insurance, real estate commissions, and doc stamps. Buyers pay lender's title policy, recording fees, and inspection costs.
  • Doc stamps in Florida: $0.70 per $100 of sale price ($3,500 on a $500K sale). Seller pays by South Florida custom.
  • The Florida "as-is" contract gives the buyer a 10 to 15 day inspection period to terminate for any reason and recover earnest money.
  • Most residential closings: 30 to 45 days financed, 14 to 21 days cash.
  • Most investment property is held in LLCs. Forming the entity BEFORE closing avoids property tax reassessment that can wipe out the Save Our Homes cap.
  • Only Florida attorneys and licensed realtors can draft real estate contracts in Florida. Title companies cannot.

Talk to a Florida Real Estate Attorney

Flat-fee pricing for routine transactions. Direct title underwriting through The Fund and Westcor. Free initial consultation.

What does the firm's real estate practice cover?

Kelley, Grant & Tanis is a Florida real estate law firm. Real estate is the firm's core focus, integrated with related practices in title insurance, evictions, association law, estate planning, and probate. Our work covers four buckets:

Residential transactions. Single-family, condo, townhome, and waterfront property purchases and sales. Contract review, drafting, addendums, title work, escrow management, and closing.

Commercial transactions. Office, retail, multifamily, industrial, and mixed-use property. ALTA forms, environmental review, estoppel certificates, lease assignments, UCC fixture filings, and zoning verification.

Investment property. LLC formation for liability separation, operating agreements, lease drafting, security deposit transfers, short-term rental compliance, and the integrated eviction practice when tenant issues arise.

Real estate litigation. Escrow disputes, specific performance, failure to disclose, easement and boundary disputes, quiet title actions, partnership and investment disputes, and contested foreclosures. Led by Cory Carano, of counsel to the firm.

Florida real estate law service areas

The firm serves clients throughout South Florida from our West Palm Beach and Boca Raton offices.

Area Geographic coverage
West Palm Beach, FL Downtown, El Cid, Flamingo Park, Northwood, Grandview Heights, SoSo, Flagler Drive, Clematis Street area
Boca Raton, FL Downtown Boca, Mizner Park, Royal Palm Yacht & Country Club, Boca West, Sanctuary, Boca Bath & Tennis
Delray Beach, FL Atlantic Avenue corridor, Pineapple Grove, Tropic Isle, Seagate, Lake Ida area
Fort Lauderdale, FL Downtown, Las Olas, Victoria Park, Rio Vista, Coral Ridge, Harbor Beach, waterfront and Intracoastal properties
Palm Beach County (county-wide) Wellington, Jupiter, Lake Worth, Greenacres, Royal Palm Beach, Palm Beach Gardens, and unincorporated PBC
Broward County (county-wide) Hollywood, Pompano Beach, Coral Springs, Plantation, Davie, and surrounding municipalities

When does a Florida real estate transaction actually need an attorney?

Florida is one of the few states where real estate transactions can legally close without an attorney. Title companies handle the bulk of straightforward residential closings. The question isn't whether you're required to hire an attorney; you're not. The question is whether you should.

Situations where attorney involvement is meaningfully worth the fee:

  • Higher-value transactions where the cost of a missed contract issue exceeds attorney fees by an order of magnitude
  • Cash purchases where there's no lender quality-controlling the title work
  • Out-of-state buyers unfamiliar with Florida custom and procedure
  • Investment property involving LLC formation, lease assignments, and security deposit transfers
  • Inherited property requiring probate cleanup before sale
  • Distressed sales where contract terms favor one party and need pushing back
  • Properties with title defects identified during the search
  • Commercial transactions involving environmental review, ALTA forms, UCC fixtures, or lease assignments
  • Any transaction where the parties don't trust each other: divorcing spouses, family-to-family transfers, partnership dissolutions

Attorney vs. title company: what's the practical difference?

Capability Title Company Real Estate Attorney
Issue title insurance policyYesYes
Conduct title searchYesYes
Hold escrow / handle closingYesYes
Record deed and mortgageYesYes
Draft or modify contractsNo (only attorneys and licensed realtors can)Yes
Provide legal adviceNoYes
Represent you in a disputeNoYes
Resolve curative title issuesLimitedYes, including curative probate and quiet title
Form an LLC for the purchaseNoYes
CostTypically lowerHigher, but flat-fee for routine work

Got a contract to review or a transaction to close?

Send us your details. We handle everything from initial contract review through final closing, including title underwriting in-house through The Fund or Westcor. Call (561) 672-1161 or submit through the contact form.

Florida-specific issues that catch buyers and sellers

Documentary stamp tax. Florida charges $0.70 per $100 of sale price on the deed. On a $500,000 sale, that's $3,500. By South Florida custom, the seller pays. Out-of-state buyers and sellers frequently miss this cost.

The "as-is" contract. The Florida Realtors / Florida Bar standard form is misleadingly named. It's not actually "as-is" in the sense buyers think; it includes a 10 to 15 day inspection period during which the buyer can terminate for any reason and recover the earnest money. Negotiation about repairs happens within that window.

Short-term rental restrictions. Most South Florida residential zoning prohibits rentals shorter than six months. Local code enforcement actively monitors Airbnb and VRBO listings. Fines start at $250 per day. Verify zoning before purchasing investment property.

Homestead and Save Our Homes. Florida's constitutional homestead protection caps annual property tax increases at 3% (or CPI, whichever is lower) for primary residences. A change in ownership triggers reassessment. Transferring property into an LLC after purchase can wipe out the cap. We cover the trap in our piece on transferring property into an LLC or corp.

Code enforcement liens. These don't appear in standard title searches because they're filed at the city level, not the County Clerk. A separate municipal lien search catches them. We coordinate the municipal lien search on every Palm Beach and Broward closing.

Condo non-warrantable status. Since the Surfside collapse, a growing number of South Florida condo buildings have been added to Fannie Mae and Freddie Mac mortgage non-warrantable lists, dramatically affecting financing and resale. Our piece on South Florida's mortgage blacklist covers the implications.

What most people miss

The fact that Florida allows non-attorney closings creates a false economy for many buyers. The title company route looks cheaper on the closing disclosure but defers risk to the buyer in a few places that matter: contract drafting (title companies cannot draft, so addendums get borrowed from form libraries), legal advice (title companies cannot advise, so contract questions go unanswered), and dispute resolution (title companies cannot litigate, so disputes get referred out after they've escalated).

The breakeven point isn't transaction value alone. It's transaction complexity. A $300,000 cash purchase from an out-of-state seller of an inherited home with HOA estoppel issues, an open building permit, and a quitclaim deed earlier in the chain is harder than a $1.2M financed purchase of a new construction home with clean title. Match the transaction's complexity to the engagement, not the price tag.

Why work with Kelley, Grant & Tanis, P.A.

The firm's real estate practice is led by Jerron Kelley, who handles transactions, closings, and general real estate representation for homeowners, realtors, property managers, and investors throughout Florida. Complex real estate litigation (escrow disputes, partnership disputes, commercial evictions, foreclosure) is led by Cory Carano, of counsel.

The firm is an agent for The Fund (Attorneys' Title Fund Services) and Westcor Land Title Insurance Company. Direct title underwriting in-house, with no separate title company in the closing chain. All firm attorneys are members in good standing of the Florida Bar. Full attorney bios on our attorneys page.

Pricing. Routine real estate work is handled on a flat-fee basis with cost certainty disclosed up front. Complex matters may require alternative billing.

The firm has two offices in South Florida:

  • West Palm Beach Office: 1645 Palm Beach Lakes Blvd, Suite #1200-3, West Palm Beach, FL 33401
  • Boca Raton Office: 370 Camino Gardens Blvd., Suite #301, Boca Raton, FL 33432

Real estate integrates with the firm's title insurance, eviction, association law, estate planning, and probate practices.

Frequently Asked Questions

Do I need an attorney to buy or sell a house in Florida?

Florida law allows real estate transactions to close without an attorney. For straightforward residential transactions, a title company can handle the closing. For higher-value, cash, out-of-state, investment, or distressed transactions, attorney involvement is generally worth the fee. An attorney can give legal advice, draft and modify contracts, and represent you in disputes, none of which a title company can do.

Who pays for closing costs in South Florida?

By Palm Beach and Broward County custom, the seller pays for the owner's title insurance policy, real estate commissions, and documentary stamps on the deed ($0.70 per $100 of sale price). The buyer pays for the lender's title insurance policy if financing, recording fees, inspection costs, and any loan-related charges. The contract can shift any of these costs.

What is the Florida "as-is" residential contract?

The Florida Realtors / Florida Bar "as-is" contract is the default form for most residential transactions in South Florida. Despite the name, it includes a 10 to 15 day inspection period during which the buyer can terminate for any reason and recover earnest money. After the inspection period expires, the buyer is committed except as to specific contingencies like financing or appraisal.

How long does a Florida real estate closing take?

30 to 45 days for a financed residential transaction. 14 to 21 days for a cash purchase with clean title work. Commercial transactions vary widely depending on environmental review, lease assignments, and other due diligence.

Should I form an LLC before buying investment property?

Most investment property in South Florida is held in an LLC for liability separation. Forming the entity before closing and taking title in the LLC name is generally cleaner than transferring after acquisition. Post-acquisition transfers can trigger property tax reassessment that increases your tax bill, wiping out the Save Our Homes 3% assessment cap.

What's documentary stamp tax in Florida?

Doc stamps are a state transfer tax on the deed, calculated at $0.70 per $100 of sale price. By Palm Beach and Broward County custom, the seller pays. On a $500,000 sale, doc stamps total $3,500. The tax is collected at closing and paid to the Department of Revenue through the County Clerk's recording process.

What happens if a seller refuses to close after we signed a contract?

Florida buyers can sue for specific performance: court-ordered conveyance of the property when a seller refuses to close after contract execution. Damages may also be available. The remedy depends on the contract's specific provisions and the reason for the seller's refusal.

Can I rent my Florida property as a short-term rental?

Most South Florida residential zoning prohibits rentals shorter than six months. Local code enforcement actively monitors Airbnb and VRBO listings, with daily fines starting at $250. Some commercial and mixed-use zones permit short-term rentals with proper licensing. Verify zoning before purchase.

Talk to a Real Estate Attorney

Free initial consultation. Flat-fee pricing for routine transactions. Direct title underwriting through The Fund and Westcor, no separate title company in the chain.

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