Residential Real Estate Attorney in Fort Lauderdale
Buying or selling a home is one of the most significant financial decisions you’ll make. In South Florida’s dynamic real estate market — where properties move quickly and values are substantial — having experienced legal representation isn’t a luxury, it’s a necessity. I’m Eric J. Goldman, and I guide buyers and sellers through every phase of residential real estate transactions in Fort Lauderdale, Broward County, and throughout South Florida.
From single-family homes in Coral Ridge and Rio Vista to condominiums along Fort Lauderdale Beach and townhomes in Weston, I’ve handled residential closings across every neighborhood and property type in our area.
The Florida Residential Closing Process
Florida’s residential closing process has distinct features that differ from other states. Understanding this process helps you make informed decisions and avoid costly surprises.
Contract Execution and Inspection Period
The transaction begins when buyer and seller execute a purchase agreement — most commonly the FAR/BAR “As-Is” contract or the standard FAR/BAR contract with repair provisions. Once executed, the buyer typically has an inspection period (usually 10-15 days) to conduct a home inspection, wind mitigation inspection, and any specialized inspections such as mold, termite, or septic evaluations. I review these contracts before you sign to ensure the terms protect your interests. Learn more about my contract review services.
Title Examination and Title Insurance
In Florida, the seller is generally responsible for providing marketable title to the buyer. I conduct a thorough title examination going back at least 30 years in the public records maintained at the Broward County Clerk of Courts. This search identifies any liens, judgments, easements, encumbrances, or defects that could affect your ownership. Title insurance protects the buyer (owner’s policy) and the lender (lender’s policy) against undiscovered title defects. Florida regulates title insurance rates through the Department of Financial Services, so premiums are consistent regardless of which attorney or title company you use.
Survey Review
A current survey reveals the exact boundaries of the property, the location of all structures, fences, and improvements, and any encroachments or setback violations. In Fort Lauderdale, where properties may border canals, waterways, and seawalls, survey issues are particularly common. I review every survey to identify potential problems before closing, not after.
Closing Day
At closing, I review every document with you, verify that all financial figures match the agreed terms, ensure proper execution of the deed and mortgage documents, oversee the disbursement of funds, and arrange for recording with the Broward County Clerk of Courts. You should never feel rushed or confused at your closing — my job is to make certain you understand every document you sign.
Condominium Purchases in Fort Lauderdale
Fort Lauderdale’s skyline is defined by condominiums, and buying a condo here involves additional legal considerations governed by Florida Statute Chapter 718, the Florida Condominium Act. Before purchasing a condo, I review the association’s governing documents, including the declaration of condominium, articles of incorporation, bylaws, rules and regulations, and most recent financial statements.
Under Florida law, condo buyers have the right to review these documents and may cancel the purchase contract within a specified time period if the documents are unacceptable. Following changes to Florida’s condominium laws enacted after the Champlain Towers collapse in Surfside, I pay particular attention to structural reserve studies, milestone inspections, and the association’s financial health. These are not abstract concerns in South Florida — they directly affect your investment and your safety.
HOA Properties
Florida Statute Chapter 720 governs homeowners’ associations, which are common throughout planned communities in Broward County — from Parkland to Pembroke Pines. When my clients purchase property within an HOA, I review the declaration of covenants, conditions, and restrictions (CC&Rs), assess any pending or threatened litigation involving the association, and verify that the seller is current on all assessments. HOA disputes are among the most common sources of homeowner frustration in Florida, and a thorough pre-purchase review can prevent many of those headaches.
What Buyers and Sellers Should Know
For Buyers
- Always have your purchase contract reviewed by an attorney before signing — not after
- Obtain a current survey, even if a prior survey exists
- Purchase owner’s title insurance to protect your investment
- Review the property’s flood zone designation and insurance requirements
- For condos and HOA properties, review all governing documents before the cancellation period expires
- Verify that all permits for renovations or additions were properly obtained and closed
For Sellers
- Disclose all known material defects — Florida law requires it, and failure to disclose creates legal liability
- Resolve any outstanding liens, code violations, or permit issues before listing
- Understand your obligation to provide marketable title at closing
- Have your attorney review the listing agreement and purchase contract
- Budget for closing costs including documentary stamp taxes and title insurance premiums
Frequently Asked Questions About Residential Real Estate in Florida
Who pays for title insurance in Fort Lauderdale?
In Broward County, the custom is for the seller to pay for the owner’s title insurance policy and select the closing agent. However, this is negotiable and can vary depending on the terms of the purchase contract. The buyer typically pays for the lender’s title insurance policy. I make sure my clients understand these costs upfront so there are no surprises at closing.
How long does a residential closing take in Florida?
A typical residential closing in Fort Lauderdale takes 30-45 days from executed contract to closing, though cash transactions can close more quickly. The timeline depends on the inspection period, the buyer’s financing, the title search results, and the parties’ ability to satisfy contract contingencies. I keep the process moving by coordinating with all parties and addressing issues promptly.
What is an “as-is” contract in Florida?
The FAR/BAR “As-Is” contract means the buyer accepts the property in its current condition and the seller is not obligated to make repairs. However, the buyer still retains the right to conduct inspections and can cancel the contract during the inspection period if issues are discovered. “As-is” does not mean the buyer waives all protections — it means repair negotiations are handled differently. My contract review services ensure you understand exactly what “as-is” means for your specific transaction.
Do I need flood insurance for my Fort Lauderdale home?
If your property is in a FEMA-designated flood zone and you have a federally backed mortgage, flood insurance is required. Even if it’s not required, I strongly recommend it for properties in South Florida. Fort Lauderdale is particularly susceptible to flooding from storm surge, heavy rainfall, and king tides. Your survey and elevation certificate will help determine your flood zone designation and potential insurance costs.
What happens if a title defect is found during the search?
Title defects are more common than most buyers expect. They can include unreleased mortgages, outstanding liens, boundary encroachments, breaks in the chain of title, or judgments against prior owners. When I discover a title defect, I work to resolve it — often by obtaining lien releases, corrective deeds, or affidavits — so that closing can proceed on schedule. If a defect cannot be resolved, the buyer typically has the right to cancel the contract and receive a return of the earnest money deposit.
Schedule Your Residential Real Estate Consultation
Whether you’re buying or selling in Fort Lauderdale, Broward County, or anywhere in South Florida, I provide thorough, attentive legal representation from contract through closing. Don’t leave your largest investment to chance.
Call Eric J. Goldman, P.A. at (954) 536-7557 to discuss your residential transaction. You can also learn more about my full real estate law practice.