Real Estate Law

Your Property. Your Investment. Our Protection.

Real estate transactions are among the largest financial decisions you will make. Whether buying your first home, selling property, or handling a commercial deal, you deserve an attorney who will protect your interests from contract to closing.

Through Auvil Walters and our affiliated Meridian Title Company, Inc., repeatedly recognized as a top producer among Florida member agents of Old Republic Title, we provide comprehensive real estate services throughout Pasco County and the greater Tampa Bay area.

Why Use a Real Estate Attorney in Florida

Title companies and real estate agents are prohibited from giving legal advice, and problems that seem minor during a real estate transaction can have serious financial consequences.

What an Attorney Provides That Others Cannot

  • Legal advice and advocacy - Only a licensed attorney can explain your legal rights and obligations
  • Contract review and negotiation - Identify unfavorable terms before you sign
  • Title problem resolution - Several years of resolving various title issues allow us to handle liens, judgments, and ownership disputes
  • Protection of your interests - A title company owes fiduciary duties to all parties; we represent you

The Hidden Risk: Oftentimes, title searches reveal a defect or problem. If your closing is handled by a non-attorney title company and legal issues arise, you will need to hire an attorney anyway, often under time pressure and at additional cost. Having legal counsel from the start is both safer and often more economical.

Our Florida Real Estate Services

Residential Closings

Complete representation for home buyers and sellers throughout the closing process.

  • Purchase contract review
  • Title examination and insurance
  • Closing coordination
  • Document preparation and recording

Commercial Transactions

Legal guidance for business property purchases, sales, and complex commercial deals.

  • Contract negotiation and preparation
  • Title examination and insurance
  • Curative title work
  • 1031 exchange coordination

Title Services

Comprehensive title services through Meridian Title Company to ensure clear property ownership.

  • Title searches and examination
  • Title insurance policies
  • Lien resolution

Deed Preparation

Professional preparation of deeds and property transfer documents.

  • Warranty deeds
  • Special Warranty Deeds
  • Life estate deeds
  • Lady Bird deeds

Understanding Title Insurance in Florida

Title insurance protects property buyers and lenders against problems with ownership that may not be discovered until after closing. Unlike other insurance that protects against future events, title insurance protects against issues that already exist but were not found during the title search.

Owner's Title Insurance

  • Protects the buyer's ownership rights
  • Covers the full purchase price
  • One-time premium at closing
  • Protection lasts as long as you own the property

Lender's Title Insurance

  • Protects the mortgage lender
  • Covers the loan amount
  • Required by most lenders

Who Pays for Title Insurance in Pasco County?

Florida law does not mandate who pays for title insurance, and customs vary by county. In Pasco County, the seller typically pays for the owner's title insurance policy, while the buyer pays for the lender's policy. This can serve as an advantage to the seller, as whoever pays for the policy typically selects the title company.

Florida Sets Title Insurance Rates: Unlike other types of insurance, Florida title insurance premiums are set by state law based on the purchase price. This means an attorney-handled closing costs the same for title insurance as a non-attorney title company, but you get legal representation included.

The Florida Closing Process

Understanding what happens from contract to closing helps you prepare and avoid surprises. Here is what to expect when you work with Auvil Walters:

1

Contract Review

We review your purchase or sale agreement, explain your obligations, identify any concerning provisions, and negotiate changes if needed.

2

Title Search and Examination

We examine the property's ownership history, looking for liens, judgments, easements, and other issues that could affect your ownership.

3

Issue Resolution

If problems are found, we work to resolve them before closing. This may include obtaining lien releases, corrective deeds, or affidavits.

4

Document Preparation

We prepare or review all closing documents, including the deed, settlement statement, and any required affidavits or disclosures.

5

Closing

We conduct your closing at our office, explain each document, ensure all parties sign correctly, and handle fund disbursement.

6

Recording

After closing, we record your deed and mortgage with the appropriate county clerk's office and issue your title insurance policy.

Have a Closing Coming Up?

Contact us early in the process for the best protection.

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Common Title Problems in Florida

Title defects can delay or derail your closing. Understanding these issues helps you appreciate why thorough title examination matters.

Liens and Judgments

Unpaid debts can attach to property as liens, including mortgages, home equity loans, contractor bills, HOA assessments, and tax obligations. These must be satisfied before the property can transfer with clear title.

Probate and Heir Issues

If a previous owner died, their estate must have been properly probated and all heirs must have properly conveyed their interest. Missing heirs or improper estate administration can cloud title for years.

Deed Errors

Misspelled names, incorrect legal descriptions, missing signatures, or improper notarization can make a deed defective. Even small errors can create serious title problems that require legal correction.

Boundary Disputes

Surveys may reveal that fences, driveways, or structures encroach on neighboring property, or that the property boundaries differ from what was assumed. These issues can affect value and use of the property.

Forged Deeds: Under Florida law, a forged deed is void and transfers no ownership, even to innocent buyers. This is why title insurance is essential. If a forgery is discovered in your chain of title, your policy protects your investment.

Types of Deeds in Florida

Different types of deeds provide different levels of protection and serve different purposes. Choosing the right deed depends on your situation.

Warranty Deed

Provides the highest level of protection. The seller guarantees clear title and will defend against any claims, even those arising before they owned the property. This is standard for most residential sales.

Special Warranty Deed

The seller only guarantees against title problems that arose during their ownership. Common in commercial transactions and bank-owned properties.

Lady Bird Deed (Enhanced Life Estate Deed)

Allows you to transfer property to beneficiaries at death while keeping full control during your lifetime, including the right to sell or mortgage without beneficiary consent. Used for estate planning to avoid probate on Florida homesteads. Florida is one of only a few states that recognizes this deed type.

1031 Exchanges for Florida Investment Property

Section 1031 of the Internal Revenue Code allows real estate investors to defer capital gains taxes by reinvesting proceeds from a property sale into a similar property. This can be a powerful wealth-building tool, but the rules are strict.

Key Requirements

  • Like-kind property - Both properties must be held for investment or business use
  • 45-day identification deadline - You must identify replacement properties within 45 days of selling
  • 180-day closing deadline - You must close on the replacement property within 180 days
  • Qualified intermediary required - A third party must hold the funds; you cannot touch the money
  • Equal or greater value - To defer all taxes, the replacement property must be equal or greater in value

Florida Tax Advantage: Florida has no state income tax, so there is no state-level capital gains tax on real estate sales. This makes Florida an attractive location for 1031 exchanges, as you only need to manage federal tax obligations.

We coordinate with qualified intermediaries to ensure your exchange meets all IRS requirements and deadlines. Missing a deadline by even one day can disqualify the entire exchange, resulting in immediate tax liability.

Florida Real Estate Contract Contingencies

Real estate contracts contain contingencies that allow buyers to exit the deal under certain circumstances. Understanding these protections is essential before you sign.

Inspection Contingency

Florida follows a "buyer beware" approach. The inspection period (typically 7-15 days) is your opportunity to discover problems with the property. If you find issues you cannot accept, you can cancel and receive your deposit back. Once this period expires, your options become limited.

Financing Contingency

Protects buyers who need a mortgage. If you cannot obtain loan approval by the specified deadline, you can cancel without penalty. However, you must actively pursue financing and meet all lender requirements.

Appraisal Contingency

If the property appraises for less than the purchase price, you can renegotiate or cancel. Without this contingency, you may need to pay the difference out of pocket or lose your deposit.

The "As-Is" Contract: Approximately 60% of Florida residential contracts use the "As-Is" format. This does not mean you waive all rights, but it does mean the seller is not obligated to make repairs. Your protection comes from your inspection period, so use it wisely.

Trusted Real Estate Attorneys in Dade City

Auvil Walters has facilitated real estate transactions in Pasco County for decades. Through our affiliated Meridian Title Company, we offer the convenience of combined legal and title services under one roof.

Our attorneys understand local property issues, know the Pasco County Clerk's recording requirements, and have established relationships with local lenders and real estate professionals. Whether you are buying your first home or closing a complex commercial deal, we provide the personal attention your transaction deserves.

Our office is conveniently located on Meridian Avenue in downtown Dade City, with easy access for clients throughout Pasco, Hernando, and Hillsborough counties.

Planning a Real Estate Transaction?

Contact us early for the best protection on your purchase or sale.

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