What You Need to Know When Buying a House in Florida

Various states have various laws and standard practices when it comes to purchasing a house. In Florida, below are the most important things you should know:

Using an Agent

When buying a house, condo, or any other home in Florida, find a highly regarded real estate agent who can help you find properties and tackle all the convoluted procedures involved in the transaction. A real estate agent gives you a range of advantages, from neighborhood market knowledge to negotiating ability and more. Best thing is, they won’t cost you a thing. The seller often pays the entire real estate commission (5% to 6% of the house sale price, divided between your agent and the seller’s).

Seller Disclosure

Based on state law in Florida, sellers must disclose any facts or conditions true to their property that have a considerable impact on its value and which others cannot easily notice. Seller disclosures are crucial for you as a buyer, since sometimes, just looking at a property will not tell you certain problems its owner may have encountered while living there. On top of that, sellers of houses constructed prior to 1978 should comply with federal Title X disclosures that pertain to lead-based paint and hazards.

Home Inspections

Buyers must not rely solely on the seller’s disclosures though, but must hire an independent home inspector to check the information provided in the seller’s disclosure. Most buyers’ offers are based on a satisfactory inspection report to make sure that there are no material defects and other such issues as erosion; plumbing, HVAC electrical and electrical irregularities; termites and other pets; and so on.

Real Estate Purchase Agreements

A purchase agreement is a legal document which details each enforceable material term and condition surrounding your real estate transaction. It must be signed by both the buyer and the seller, and include an offer to buy or sell, an acceptance of the offer, the sale price, and an accurate and sufficient property description.

Title Issues

A party must first secure a title search from a title company before buying a home. The title company scans public records and other sources for liens, easements or other encumbrances or title restrictions that have a bearing on the property. Also consider getting a title insurance policy to protect the title against adverse claims by any third party, or any issues on the title that the title search may have missed.

Working With a Lawyer

Finally, as opposed to other states, Florida does not require home buyers to involve a lawyer in the transaction. Yet even if it’s not required, you may just have to get one at a particular point in the process–for example, if you are buying a property in a planned unit development that has complicated CC&Rs, or if you are buying a house jointly with other parties and need help preparing your co-buyer agreement.
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