Real Estate Law West Palm Beach, FL
Quick Answers on West Palm Beach Real Estate Law
- Florida allows closings without an attorney. Title companies handle straightforward residential transactions. Attorney involvement is worth it for higher-value, cash, out-of-state, investment, or distressed transactions.
- In Palm Beach County, sellers pay owner's title insurance, real estate commissions, and doc stamps ($0.70 per $100 of sale price). Buyers pay lender's title policy, recording fees, and inspection costs.
- Doc stamps on a $500K sale = $3,500. Calculated at $0.70 per $100 of price. Seller pays by PBC custom.
- The Florida "as-is" contract has a 10 to 15 day inspection period. The buyer can terminate for any reason during this window and recover earnest money.
- Most residential closings: 30 to 45 days financed, 14 to 21 days cash.
- WPB short-term rentals (under 6 months) are prohibited in most residential zones. Code enforcement actively monitors Airbnb/VRBO; fines start at $250/day.
- Most rental property is held in LLCs. Transferring AFTER closing can trigger property tax reassessment that increases your tax bill.
Talk to a Florida Real Estate Attorney
Flat-fee pricing for routine transactions. Direct title underwriting through The Fund and Westcor. Free initial consultation.
When does a West Palm Beach buyer 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. But there are situations where attorney involvement is more than 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 (seller pays owner's title insurance, doc stamps on the deed, recording requirements)
- Investment property involving LLC formation, lease assignments, and security deposit transfers
- Inherited property requiring probate cleanup before sale
- Distressed sales (short sales, foreclosures, REO purchases) where contract terms favor the seller and need pushing back
- Properties with title defects identified during the search (old satisfactions, missing heirs, contractor liens, code enforcement clouds)
- Commercial transactions involving environmental review, ALTA forms, UCC fixtures, or assignment of leases
- Any transaction where the parties don't trust each other: divorcing spouses, family-to-family transfers, partnership dissolutions
For a deeper discussion, see our piece on how a Florida real estate attorney reviews contracts for buyer protection, and the buyer-side overview in what Florida buyers should know before signing a real estate contract.
Attorney vs. title company: what's the practical difference?
| Capability | Title Company | Real Estate Attorney |
|---|---|---|
| Issue title insurance policy | Yes | Yes |
| Conduct title search | Yes | Yes |
| Hold escrow / handle closing | Yes | Yes |
| Record deed and mortgage | Yes | Yes |
| Draft or modify contracts | No (only attorneys and licensed realtors can) | Yes |
| Provide legal advice | No | Yes |
| Represent you in a dispute | No | Yes |
| Resolve curative title issues | Limited | Yes, including curative probate, quiet title, etc. |
| Form an LLC for the purchase | No | Yes |
| Cost | Typically lower | Higher, but flat-fee for routine work |
What does a Florida real estate attorney actually do during a transaction?
The work breaks into five phases:
Pre-contract. Negotiating terms, drafting addendums, advising on contingencies. In Florida, only attorneys and licensed realtors can draft real estate contracts. Realtors generally use standard form contracts unless an attorney is involved.
Title and due diligence. Coordinating the title search, reviewing the title commitment, ordering the municipal lien search, requesting HOA estoppel letters, and clearing any defects identified. Our West Palm Beach title insurance practice handles the underwriting in-house through The Fund and Westcor.
Contract management. Drafting addendums for inspection-related repairs, financing extensions, and contingency removals. The Florida Realtors "as-is" form is the most common contract used in Palm Beach County, and addendums to it have specific drafting requirements. See our pieces on FAQs about the Florida Realtors "as-is" contract and when and why real estate contract addendums matter.
Escrow management. Holding earnest money in compliance with Florida regulations, releasing deposits per contract, and handling disputes when one party refuses to authorize release.
Closing. Reviewing the closing disclosure, conducting the closing, handling document recording with the Palm Beach County Clerk, and disbursing funds.
Who pays what at a Palm Beach County closing?
| Cost | Who pays (PBC custom) | Notes |
|---|---|---|
| Owner's title insurance | Seller | ~0.5 to 0.6% of purchase price; one-time payment |
| Lender's title insurance | Buyer | If financed; heavily discounted with simultaneous issue |
| Documentary stamp tax (deed) | Seller | $0.70 per $100 of sale price ($3,500 on a $500K sale) |
| Real estate commissions | Seller | Typically 5 to 6% split between agents |
| Doc stamps + intangible tax (mortgage) | Buyer | If financed |
| Recording fees | Buyer | ~$10 first page + $8.50/page after for deed and mortgage |
| Survey | Buyer | If required by lender or contract |
| Home inspection | Buyer | |
| Attorney / closing fees | Each pays own counsel | $500 to $1,500 range typical |
| HOA estoppel fee | Seller (varies) | Required for HOA-governed property |
Custom is negotiable. The contract can shift any of these costs. But seller-pays-owner's-title and seller-pays-doc-stamps are the strongly default conventions in Palm Beach County. Full breakdown in our guide to what West Palm Beach buyers and sellers actually pay at closing.
The Florida "as-is" contract: critical dates and provisions
The Florida Realtors / Florida Bar "as-is" residential contract is the default form for the vast majority of Palm Beach County residential transactions. It's not actually as-is in the way many buyers assume. It includes a robust inspection period that lets the buyer cancel for any reason within a defined window.
| Provision | Typical timing | What it means |
|---|---|---|
| Effective Date | Day 0, when contract is signed by both parties | Triggers all other deadlines |
| Inspection Period | Days 1 to 10 or 15 | Buyer can terminate for any reason and recover earnest money |
| Loan Application Deadline | Days 1 to 7 | Buyer must apply for financing if a financing contingency exists |
| Loan Approval Deadline | Days 25 to 35 | Buyer provides lender approval letter |
| Title Cure Period | Varies by contract | Time for seller to cure title defects identified by buyer's title commitment |
| Closing Date | Days 30 to 45 | Final closing of transaction |
The most-misunderstood provision is the inspection period. "As-is" doesn't prevent repair negotiation. It just changes the dynamics. The buyer can request repairs, but the seller isn't obligated to provide them; the buyer's leverage is the right to walk during the inspection window. After it expires, the buyer is committed except as to remaining specific contingencies.
Got a contract you need reviewed?
Send us your contract before the inspection period closes. We review for hidden traps, drafting errors, and provisions that need addendums. Call (561) 672-1161 or submit through the contact form.
How do investment property transactions work in West Palm Beach?
Investment buyers face issues owner-occupants don't.
Entity formation. Most rental property in Palm Beach County is held in an LLC for liability separation. We form the entity, draft the operating agreement, and coordinate the deed transfer at closing.
Lease assignments and security deposit transfers. Buying an occupied rental means stepping into the existing leases. Florida Statute 83.49 requires the security deposit to be transferred to the new owner along with proper notice to tenants.
Short-term rental compliance. West Palm Beach actively enforces short-term rental restrictions. Most residential zoning categories (R-1, R-2, R-3) prohibit rentals shorter than six months, and code enforcement monitors Airbnb and VRBO listings. Initial violations generate $250 daily fines, escalating to $500 daily for repeats. Our full breakdown is in converting West Palm Beach properties to short-term rentals.
Tax planning. The 2025 federal legislation restored 100% bonus depreciation, significant for real estate investors. Our piece on 100% bonus depreciation covers the implications.
Lease drafting. Our guide on West Palm Beach lease agreement essentials covers what every Palm Beach County landlord lease should include. When tenants don't pay or violate, our eviction practice handles the removal.
Buying property in your own name and transferring it to an LLC after closing can trigger property tax reassessment under Florida's "change in ownership" rules, wiping out the Save Our Homes 3% assessment cap and increasing your tax bill, sometimes dramatically.
The cleaner play: form the LLC before closing and take title in the LLC name from the start. The transaction is treated as a single ownership event, not a transfer. We coordinate entity formation, operating agreements, and the deed in one closing process. See our breakdown on how transferring property into an LLC or corp can cause property taxes to skyrocket.
What's involved in West Palm Beach commercial real estate transactions?
Commercial transactions are a different animal from residential. Beyond the obvious differences in deal size, commercial closings involve:
- ALTA forms rather than the Florida residential contract
- Environmental review: Phase I (and sometimes Phase II) Environmental Site Assessments for industrial, gas station, and mixed-use properties
- Estoppel certificates from existing tenants confirming lease terms, rent amounts, security deposits, and any landlord defaults
- UCC and fixture filings recorded against personal property and fixtures
- Zoning verification through the City of West Palm Beach Development Services Department
- Survey review for boundary, encroachment, and easement issues
- Assignment of leases and contracts for occupied or operating commercial properties
For ongoing commercial tenancy issues, see our piece on commercial lease disputes in West Palm Beach.
What real estate disputes does the firm handle?
Most transactions close without litigation. The ones that don't typically involve:
Earnest money disputes. Buyer terminates and seller refuses to release the deposit, or vice versa. Florida regulations require specific procedures for holding and disbursing earnest money, and brokers face penalties for improper handling.
Specific performance actions. When a seller refuses to close after contract execution, the buyer can sue for specific performance, court-ordered conveyance of the property, rather than damages.
Failure to disclose claims. Florida requires sellers to disclose known material defects affecting the property's value that aren't readily observable. Failure to disclose creates post-closing liability.
Easement and boundary disputes. Common in older Palm Beach County neighborhoods (Flamingo Park, El Cid, Northwood, Old Northwood, Grandview Heights) where lot lines weren't always recorded with modern precision and improvements have crossed boundaries over decades.
Title defect litigation. Quiet title actions, lien priority disputes, contested foreclosures.
Partnership and investment disputes. Co-investors disagreeing on property management, sale timing, or distributions.
Cory Carano, of counsel to the firm, leads complex real estate litigation including commercial evictions, association matters, foreclosure, escrow disputes, and investment partnership disputes.
What about HOA-governed properties in West Palm Beach?
The vast majority of West Palm Beach properties (single-family, condo, townhome) sit within an HOA or condo association. Real estate transactions for HOA-governed property involve additional steps:
- Estoppel letters confirming current and special assessments, transfer fees, and any unpaid amounts
- Document review of the declaration, bylaws, and rules to verify rental restrictions, architectural review requirements, and use limitations
- Approval requirements: many condo associations have buyer approval rights that can delay or block sales
- Special assessment disclosure for any pending or recently-imposed special assessments tied to deferred maintenance or repairs
For ongoing association issues (board disputes, covenant enforcement, collection actions), see our association law practice.
For-sale-by-owner transactions in West Palm Beach
FSBO transactions in Palm Beach County are increasingly common. Without a listing agent, the seller takes on responsibilities normally handled by the realtor (pricing, marketing, showing, and contract preparation). The contract piece is where things go wrong. In Florida, only attorneys and licensed realtors can draft contracts, so FSBO sellers typically work with an attorney to prepare the contract, handle the negotiation, and close the transaction.
Our guide on for-sale-by-owner contract negotiation and closing covers the full FSBO process.
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, working with 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. All firm attorneys are members in good standing of the Florida Bar. Full bios on our attorneys page.
The firm is an agent for The Fund (Attorneys' Title Fund Services) and Westcor Land Title Insurance Company. Direct title underwriting in-house, no separate title company in the chain.
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 work 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 a house in West Palm Beach?
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 what at a Palm Beach County closing?
By Palm Beach 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 custom is negotiable in the contract.
What's the inspection period under the Florida "as-is" contract?
The inspection period is the window during which the buyer can terminate the contract for any reason and recover the earnest money. Standard inspection periods run 10 to 15 days from the effective date, though this is negotiable. After the inspection period expires, the buyer is committed except as to specific contingencies (financing, appraisal) that may still apply.
Can I buy West Palm Beach property as a short-term rental?
Most residential zoning categories in West Palm Beach prohibit rentals shorter than six months, and code enforcement actively monitors Airbnb and VRBO listings. Initial violations generate $250 daily fines. Some commercial and mixed-use zones permit short-term rentals with proper licensing. Verify zoning before purchase. Our full breakdown is in West Palm Beach short-term rental restrictions.
How long does a typical Palm Beach County 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 and lease assignments.
What is 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 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 Palm Beach County Clerk's recording process.
Should I form an LLC before buying rental property?
Most investment property in Palm Beach County 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.
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.
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.
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