Photo: Real Estate Contract

Real Estate

Our expertise in the field assists our clients with all aspects of their real estate transaction.  We provide our clients, based on our specialized experience, with counsel and support through the initial stages of development potential, land use designation, re-zonings, including small-scale, large-scale comprehensive plan amendments, developments of regional impact and optional sector plans.  We also assist our clients through the permitting and regulatory steps involved in land development projects both large and small.  

HRB has experience in real estate transactions of a fraction of an acre up to a 78,000 acre development; and land uses ranging from waterfront (gulf and bay), condominiums, agriculture, commercial, residential subdivisions, aviation, recreational and conservation.

Financial institutions utilize our services for mortgage foreclosures as well as other litigation related matters. The staff of our closing department is available to assist our clients in any real estate transaction they may require.

Frequently Asked Questions About Real Estate

Why do I need an attorney?

Buying real estate is a complicated business. There are complex legal and title issues, plus a vocabulary of unfamiliar terms to deal with. What’s more, for most people, it’s still the biggest single purchase they will ever make. With all this in mind, don’t you want someone on your side who’s an expert and knowledgeable? Your real estate attorney can look out for your interest, ensure that you get a clear title to your new property, as well as help you protect your investment for the future. Legal advice offers you something the average home buyer really needs, and usually lacks; knowledge of the subtleties and peculiarities of real estate law and the transfer of property rights and title.

What will my attorney do for me?

At a real estate closing today, many buyers go without counsel of their own. Which can mean that they are not taking advantage of all of the benefits of legal representation. Just consider all the ways a real estate attorney can help you. Before the closing, your attorney can explain the following:

  • Your liability if assuming an existing mortgage
  • The effect of any existing mortgage and construction liens
  • Alternative means of financing, including the effect of mortgage prepayment
  • Where and how to file for homestead exemption
  • The sellers liability after the sale
  • Post-contract liability for fire and other hazards

As a matter of course, your attorney will also evaluate the legal rights you are purchasing when you buy a home, with special attention to these following questions:

  • Is the property’s recorded legal description sufficient?
  • Do the rights include physical access to the property that meets your needs?
  • Will the purchased rights permit you to use the property in the manner desired?
  • Will the title be marketable should you decide to sell or re-mortgage the property?

What services may my attorney provide?

As part of the job of protecting your interest, your attorney will perform a series of important actions as appropriate to your specific transaction, such as:

  • Obtain a title search, evaluate the status of title and require appropriate legal remedies to clear defects
  • Prepare or review the closing statement and other closing documents and inform you about any stipulations that effect your interests
  • Interpret and counsel you about all legal documents related to the title and transaction, including deeds, mortgages and closing statements
  • Prepare a bill of sale to cover any personal property such as drapes and appliances that are included in the sale
  • Advise you how the title should be taken and how this affects your overall business and personal estate
  • As required, investigate zoning ordinances and other governmental use restrictions
  • Relate the income, estate and gift tax consequences to your estate
  • Check unrecorded municipal liens, including sewer and special assessment liens
  • Advise you on what the title policy does not protect against, with emphasis on insurability and marketability
  • Explain the property tax structure
  • Explain any lender problems that may result from unmarketability