Orlando Real Property Lawyer

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

⭐⭐⭐⭐⭐

“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.

Real Property Statistics in Orlando, FL

Orange County supports a large and active real estate market, which means real property questions affect a substantial share of residents. According to U.S. Census Bureau data, about 57% of the county’s occupied homes are owner-occupied, and the median value of an owner-occupied home is near $390,000 based on 2024 American Community Survey estimates, up from roughly $358,000 a year earlier. The remaining homes are renter-occupied, so landlord and tenant issues are common as well. Rising values raise the financial stakes of every purchase, sale, and dispute. For a transaction of this size, guidance from an Orlando real property attorney helps protect your investment and reduce the risk of costly errors.

Common Causes of Real Property Disputes in Orlando

Most real estate transactions in Orlando close without incident. When disputes do occur, they tend to trace back to a handful of recurring problems, and many can be prevented or contained with early attention. Recognizing these causes helps buyers, sellers, and owners protect their position before a disagreement becomes costly. The following are among the most common sources of real property disputes we see in Orlando, FL.

• Title defects and ownership questions. A break in the chain of title, an old lien, or an unresolved prior claim can surface during a title search or, more disruptively, after closing. Until the issue is corrected, it can cloud ownership, stall a sale, or reduce the value of the property.
• Boundary and survey discrepancies. Fences, driveways, and additions do not always align with the recorded legal description. When a current survey and the boundaries of record disagree, neighbors can find themselves in a civil matter over a narrow strip of land, and the cost of the dispute often exceeds the value of the disputed area.
• Easement and access conflicts. An easement lets a utility, a neighbor, or the public use part of a property, which limits how the owner may use that portion. Conflicts arise when the language creating the easement is vague, when its scope is exceeded, or when a buyer discovers an easement only after purchase.
• Undisclosed defects. A buyer who finds a structural, roof, plumbing, or drainage problem that was not disclosed may have a claim against the seller. These matters usually turn on what the seller knew, what the inspection revealed, and what the contract required each party to do.
• Contract and financing breakdowns. Missed contingency deadlines, financing that falls through, or disagreements over repairs and closing dates can unravel a transaction. The result is often a claim for damages or a dispute over the return of a deposit.
• Deed restriction and association conflicts. Restrictive covenants and homeowners association rules govern what owners may build and how they may use their property. Enforcement actions, fines, and challenges to these restrictions are a frequent source of friction.
• Inheritance and co-ownership disagreements. When property passes to several heirs, or when co-owners cannot agree on selling or managing it, conflict follows. A personal representative administering an estate may have to resolve competing claims to real estate, and property held in trusts can raise questions of its own.
• Creditor claims against property. Judgments and liens can attach to real estate and complicate a sale. Owners concerned about exposure should understand how asset protection planning and Florida’s homestead rules affect what creditors can reach.

Addressing any of these issues early, with accurate documents and sound advice, is almost always faster and less expensive than resolving them after they escalate.

Orlando Real Property Lawyer FAQs

The following answers address questions we frequently receive from Orlando clients about buying, selling, and owning real property.

What does a real property lawyer do that a real estate agent does not?

A real estate agent helps you find, market, and negotiate the purchase or sale of property. A real property lawyer addresses the legal side of the transaction: reviewing and drafting contracts, examining title, resolving liens or encumbrances, preparing deeds, and advising on how ownership should be structured. An agent cannot give legal advice or resolve a legal dispute. At Magill Law Offices, our Orlando real property attorney works alongside your agent and lender to protect your legal interests through closing and beyond.

Do I need a real property lawyer if I already have a title company?

A title company searches title, issues title insurance, and often coordinates closing, but it represents the transaction rather than you specifically. It does not advise you on whether the contract protects your interests, how to respond to a title defect, or how ownership should be held. A real property lawyer represents you alone. Having independent counsel review the contract and closing documents helps you understand what you are agreeing to and identify problems a title company is not obligated to raise.

How much does it cost to hire an Orlando real property attorney?

The cost depends on the type of matter, whether it is a straightforward transaction or a contested dispute, and how much work is involved. We begin every matter with a free consultation, so you can describe your situation and understand your options before making any commitment. During that meeting, we will discuss the likely scope of the work and how we can help. There is no charge for the initial consultation with our real property lawyer.

Can someone else sign real estate documents on my behalf?

Yes, if you grant that person authority through a valid power of attorney. This is common when an owner is out of state, traveling, or otherwise unavailable at closing. The document must meet Florida’s requirements and be accepted by the title company and lender, which often ask to review it in advance. We prepare and review powers of attorney used in real estate transactions to confirm they grant the necessary authority and will be honored at closing.

How can I prepare for a real estate closing?

Preparation reduces surprises at the closing table. Review the contract and any inspection or survey reports, confirm the terms of your loan, and read the closing documents before the closing date rather than at it. The Consumer Financial Protection Bureau publishes guides on the closing process and the documents to expect. We review closing figures and documents with clients in advance so they understand each item and can raise questions before signing.

What can I do if a problem appears after closing?

Your options are more limited after closing, but they are not gone. Depending on the issue, you may have a claim against the seller for undisclosed defects, against a party who misrepresented the property, or under your title insurance policy for a covered title defect. The right path depends on the contract, what was disclosed, and the nature of the problem. We evaluate post-closing problems and advise on whether a claim is worth pursuing.

How long does a real estate closing take in Florida?

Most residential closings occur within 30 to 60 days after a contract is signed, though the timeline depends on financing, inspections, title work, and how quickly each party responds. Cash purchases can close faster, while commercial deals or transactions with title complications take longer. A delay in any step, such as an appraisal, a title issue, or a lender request, can push the closing date. We work to keep transactions moving and to identify potential delays early so the closing stays on schedule.

Does real property have to go through probate when the owner dies?

Not necessarily. Whether a home goes through probate depends on how it is titled. When two owners hold title with rights of survivorship, the survivor generally takes full ownership without probate. When a property is held in a trust, it passes under the trust rather than through court. A home titled in one person’s name alone typically must clear the probate process before it can change hands. With planning, many families can reduce or eliminate this step, and we can walk you through the options for avoiding probate.

Can I put my Orlando home in a trust?

Yes. Placing a home in a trust is a common way to manage how it is used during your life and how it passes afterward, often without probate. A living trust holds title while you retain control, and a revocable trust can be changed or undone as your circumstances shift. Transferring a home into a trust requires a properly prepared and recorded deed, and it should be coordinated with your mortgage and homestead status. We handle the deed work and advise on how the transfer affects your overall plan.

What protections does homestead status provide?

Florida gives a primary residence special standing. A qualifying homestead is protected from forced sale by most creditors and receives favorable property tax treatment. Homestead status also affects how the property can be transferred, particularly when the owner is married or has minor children, so both spouses are often involved in a sale. Because these rules can influence family and estate planning, owners in blended-family situations should review how homestead interacts with their goals, and our resource on blended families covers related considerations.

Should I update my estate plan after buying or selling property?

Often, yes. A significant change in what you own is a natural time to update your estate plan. Buying a home may create a new asset that should be titled or placed in a trust to match your wishes. Selling one may leave a will or trust referring to property you no longer own. Coordinating real property with your broader plan helps avoid confusion later. We can align your property and planning documents.

What should I bring to a consultation about a real property matter?

Bring the documents that describe the property and the transaction. A purchase or sale contract, the deed, a survey, title work, inspection reports, loan documents, and any correspondence are all helpful. If your matter involves a dispute, include a brief summary of what happened and the outcome you want. The more we can review at the outset, the more specific our guidance can be. If you are unsure whether a document is relevant, bring it, and we will determine its significance.

Local Information for Orlando Real Property Cases

Orange County Real Property Records and Courts

Real property in Orlando is recorded and administered through several Orange County offices. Deeds, mortgages, and liens are recorded in the county’s official records, which establish the public chain of title for every parcel. Property values, ownership information, and homestead exemptions are maintained separately, and disputes that reach court, including foreclosures, are handled through the Ninth Judicial Circuit. Knowing which office handles which function helps a real property matter move efficiently, whether you are recording a deed, confirming ownership, or resolving a dispute.

What Are Important Local Resources for Orlando Real Property Matters?

Several Orange County offices assist property owners with recording, valuation, and related matters.

• Orange County Comptroller – Official Records, (407) 836-5115. Records deeds, mortgages, and liens, and collects documentary stamp taxes for property transfers in Orange County.
• Orange County Property Appraiser, (407) 836-5044. Determines property values, maintains ownership records, and administers the homestead exemption.
• Orange County Clerk of Courts, (407) 836-2000. Handles foreclosure sales and real property disputes filed in the county’s civil courts.

These resources are provided for your convenience. Magill Law Offices does not endorse or control any outside organization, and their inclusion here does not constitute a recommendation of their services.

About Magill Law Offices

Magill Law Offices has served Central Florida property owners for nearly five decades. Robert T. Magill leads the firm as its owner and principal attorney, and his long experience in the legal field informs a practical, detail-focused approach to real property transactions and disputes. He built the practice on the foundation his father established in the firm’s early years, and he keeps his attention on the specific goals of each client. Clients work directly with Mr. Magill from the first consultation through resolution.

What Our Clients Say

⭐⭐⭐⭐⭐

“Robert was extremely prompt and knowledgeable about the formal probate process that I needed to work through for my father. He has gone above and beyond to help every step of the way. Affordable pricing too!” – Craig Coderre

Read more reviews on our Google Business Profile.

Contact Magill Law Offices

If you are buying, selling, or dealing with a dispute over property in Orlando, Magill Law Offices can help you protect your interests and understand your options. We offer free consultations, so you can describe your situation at no cost and decide how to proceed. During that meeting, our Orlando real property attorney will review the details, explain the likely path forward, and answer your questions. We respond to inquiries promptly. Contact us to arrange a convenient time to discuss your case.