Real Property Lawyer Orlando, FL
If you are buying or selling property in Florida, questions will come up that require legal guidance. Is the title clear? What does the survey show? Are there easements or restrictions that affect how you can use the property? What happens if problems surface after closing?
Our Orlando, FL real property lawyer at Magill Law Offices helps clients navigate residential and commercial real estate transactions throughout Orange County. We offer free consultations to discuss your situation and explain your options.
Why Choose Magill Law Offices for Real Property Law in Orlando, Florida?
Serving Central Florida Property Owners Since 1977
Patrick Magill founded this firm in 1977. His son, Robert T. Magill, leads it today with a practice that includes real estate law, estate planning, probate, and business matters for clients throughout Orange County and Central Florida.
Robert understands real property transactions from multiple angles. He spent more than twenty years working in the legal field alongside his father before attending law school. He earned his J.D. from Florida A&M University College of Law and his undergraduate degree from the University of Central Florida. The Florida Bar admitted him in 2008.
Professional Background
Robert taught estate planning as an Adjunct Professor at the University of Central Florida. He maintains membership in the Orange County Bar Association and the Real Property, Probate & Trust Law Section of The Florida Bar, which focuses specifically on real property matters, giving him access to continuing education and professional resources in this practice area.
What Clients Say
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“Robert Magill was recommended to me after the death of a close family member. His expertise was crucial for achieving a correct and seamless administration of the family member’s will. If I had a question, Robert returned my email immediately, if he could. If he was in court, he contacted me as soon as possible. Robert’s legal fee was reasonably priced. He was always pleasant to work with. He far exceeded my expectations in every regard. If I could give him 100 stars, I would.” – Daniel Shay
Read more reviews on our Google Business Profile.
Types of Real Property Cases We Handle in Orlando
Real property law covers a range of matters, from straightforward home purchases to complex commercial transactions and disputes. These are the real property cases we handle for Orlando clients.
- Residential purchases and sales. Buying or selling a home involves contracts,closing documents, and the transfer of funds. We represent buyers and sellers in residential transactions, reviewing contracts, addressing title issues, and handling closings.
- Commercial real estate transactions. Commercial deals are more complex than residential purchases. They often involve due diligence on zoning, environmental issues, existing leases, and income history. We represent buyers, sellers, landlords, and tenants in commercial real property matters.
- Contract drafting and review. The purchase contract establishes the terms of your transaction, including price, contingencies, closing date, and what happens if something goes wrong. We draft contracts for sellers and review contracts for buyers to protect our clients’ interests.
- Deed preparation. The deed transfers ownership from seller to buyer. Different deed types provide different levels of protection. We prepare warranty deeds, special warranty deeds, quitclaim deeds, and other conveyance documents appropriate for each transaction.
- Easements and restrictions. Property may be subject to easements allowing others to use portions of it, or restrictions limiting how you can use it. We help clients understand existing encumbrances and negotiate or draft new easement agreements when needed.
- Boundary disputes. When neighbors disagree about where property lines fall, the dispute can escalate quickly. We help resolve boundary issues through negotiation when possible and litigation when necessary.
- Landlord-tenant matters. Commercial lease disputes arise over rent, maintenance obligations, lease terms, and tenant defaults. We represent landlords and tenants in lease negotiations and disputes.
Florida Legal Requirements for Real Property Transactions
Florida law governs how real property is transferred, recorded, and protected. Understanding these requirements helps you see why working with an attorney matters.
Deed Requirements
Under Florida Statute 689.01, a deed conveying real property must be in writing and signed by the grantor in the presence of two subscribing witnesses. The statute specifies that no particular form of words is necessary to convey fee simple title, but the deed must clearly identify the property and the parties.
Recording Requirements
Chapter 695 of the Florida Statutes establishes the recording system for real property conveyances. Recording a deed in the public records of the county where the property is located provides constructive notice to the world of the transfer. Unrecorded conveyances may be void against subsequent purchasers who record first without notice of the prior transfer.
Documentary Stamp Tax
Florida imposes a documentary stamp tax on deeds and other documents that transfer interests in real property. Under Florida Statute 201.02, the tax rate is 70 cents per $100 of consideration, though Miami-Dade County has a higher rate. The tax must be paid before the deed can be recorded.
Homestead Protections
Florida’s homestead laws, found in Article X, Section 4 of the Florida Constitution, provide significant protections for residential property. Homestead property is protected from forced sale by most creditors and receives favorable tax treatment. However, a homestead also creates restrictions on how property can be transferred, particularly when the owner is married or has minor children.
Foreign Investment Considerations
Under the Foreign Investment in Real Property Tax Act (FIRPTA), buyers purchasing real property from foreign sellers may be required to withhold a portion of the purchase price for federal tax purposes. Florida also has its own withholding requirements under certain circumstances. These rules add complexity to transactions involving non-U.S. sellers.
Important Aspects of an Orlando Real Property Case
Real property transactions involve more than signing documents at closing. Buying or selling a home can be exciting, but a stressful event. There are contracts to be drafted and reviewed. HUD-1 Closing Statements with confusing columns of large numbers. Deeds, Mortgages, Notes, Disclosures, Appraisals…the list is long and can be frustrating if you don’t understand them. The Magill Law Offices is ready to assist you every step of the way, so you understand each step and each document. We can draft or review the Contract for Sale and Purchase, which is only the first step. We will remain with you throughout the process, working with you, the other party and the bank to assure you that your interests are protected. We will review with you each and every documents so that you are assured everything is in order and the process is made as smooth as possible.
Due Diligence Before You Commit
The period between signing a contract and closing is your opportunity to investigate the property thoroughly. What does the title search reveal? Are there liens, judgments, or other encumbrances? Does the survey match the legal description? Are there zoning issues that affect your intended use? Do inspection reports reveal problems with the structure, roof, or systems?
Discovering problems during due diligence gives you options. You may be able to negotiate repairs, price reductions, or termination of the contract. Discovering problems after closing leaves you with far fewer remedies.
Understanding What You Are Buying
Real property includes more than the land and buildings. It includes the rights to use, possess, and transfer the property. But those rights may be limited. Easements may allow utility companies or neighbors to use portions of your property. Restrictive covenants may limit what you can build or how you can use the land. Homeowners association rules may impose additional requirements.
We help clients understand exactly what rights they are acquiring and what limitations apply.
Title Insurance
Title insurance protects against losses arising from defects in title that were not discovered during the title search. Lenders require title insurance to protect their mortgage interest. Buyers can purchase owner’s title insurance to protect their equity in the property.
Title insurance is a one-time premium paid at closing, and it provides protection for as long as you own the property. We help clients understand their title insurance options and what coverage they need.
Coordinating with Lenders
Most real property purchases involve financing. The lender has its own requirements, including appraisals, surveys, title insurance, and specific closing documents. Coordinating between the buyer, seller, lender, and title company requires attention to detail and clear communication.
Delays in any part of the process can push back closing dates and create problems for everyone involved. We work to keep transactions on track.
Closing the Transaction
At closing, documents are signed, funds are transferred, and ownership changes hands. In Florida, closings typically occur at a title company or attorney’s office. The closing agent verifies that all documents are properly executed, confirms funds are properly distributed, and records the deed.
We review closing documents before the closing date so clients understand what they are signing. Surprises at the closing table create unnecessary stress.
Real Property in Estate Planning
For many families, the home represents their largest asset. How that property passes at death depends on how it is titled. Property held jointly with right of survivorship passes automatically to the surviving owner. Property held in a trust passes according to the trust terms without probate. Property held solely in the decedent’s name may require probate administration.
Florida’s homestead laws add another layer of complexity. If the owner was married, the surviving spouse has constitutional rights in the homestead that cannot be defeated by the will. If the owner had minor children, additional restrictions apply.
We help clients structure property ownership to achieve their estate planning goals while complying with Florida’s homestead requirements. Often this involves coordinating real property matters with other estate planning documents.
Real Property and Business Ownership
Business owners frequently deal with real property issues. You may need to lease space for your operations, purchase property for your business, or transfer property into or out of your business entity. Each of these transactions has legal and tax implications.
If you own real property through your business, you also need to consider what happens to that property if you sell the business, bring on partners, or pass away. These issues overlap with business succession planning and may involve coordination with a small business lawyer.
Contact Magill Law Offices
If you need legal guidance for a real property transaction in Orlando, whether you are buying, selling, or dealing with a property dispute, we can help. Our Orlando real property attorney offers free consultations to discuss your situation and explain your options.
We respond to inquiries promptly. You can schedule a consultation at a time that works for you.
Real property transactions involve significant money and legal complexity. Having an attorney who understands Florida real estate law helps protect your investment and avoid problems that can arise from overlooked issues. Magill Law Offices has been helping Orlando property owners since 1977.