Apfelbaum Martinez Law

Author: Apfelbaum Martinez Law

  • What are the Steps I Should Take if I Get Arrested?

    What are the Steps I Should Take if I Get Arrested?

    An array of emotions, from fear and embarrassment to anger and uncertainty, will likely surface in the event that you are ever arrested. Most people will instinctively react based on their immediate emotions rather than thinking the situation through and acting in a way that is in their best interest.

    There are two steps you should immediately take if you get arrested, and though they are seemingly simple, they can be extremely challenging to do under the circumstances. Understanding which steps to take after getting arrested is essential for ensuring that the consequences of your case remain minimal.

    How Do You Know If You Are Being Arrested?

    Being pulled over or stopped by law enforcement does not automatically mean that you are or will be arrested. You may only be arrested if a police officer takes you into custody and by informing you that you may not terminate the interaction and informs you that you are not free to leave.

    Also, an officer is only likely to arrest an individual for the following three circumstances:

    • They see a crime being committed
    • There is probable cause that the individual has committed a felony
    • If a warrant supported by probable cause has been issued by a judge or magistrate

    Follow These Steps If You Are Being Arrested

    The timeliness of the two steps listed below is important to ensure that you are equipped with the best defense possible and to help avoid providing the prosecution with unnecessary ammunition. Follow the steps below as soon as possible in the event you are being arrested.

     #1: Remain Silent and Calm

    Remaining calm can be challenging. However, you must try to remain calm at while dealing with the officer and avoid resisting arrest or acting irrationally and belligerently because it will only hurt your case, and potentially lead to more charges

    Avoid letting your emotions get the best of you so that you can think clearly and not overreact in a negative way toward the arresting officers. Remaining silent is also in your best interest so that you do not provide the prosecution or the officers with any ammunition that can be used against you in your case.

    When you are read your Miranda rights, there is a warning that states “anything you say can and will be used against you in a court of law.” Words can easily be misunderstood or misconstrued, and the prosecution will use anything they can, even if you did not mean to say it. You have constitutional rights under the fifth and sixth amendments to remain silent, and not to answer law enforcement questions without an attorney present. You should exercise  both in such a situation, as set forth in this blog post.

    You will likely be allowed one phone call upon arrest. Try making your first phone call to your attorney or someone who will find you the best attorney for your situation. Avoid divulging too much information to anyone you call unless it is your lawyer whose communications are protected by attorney-client privilege.

    The reason for this is that the call may be recorded, and the conversation used against you if it is with anyone other than your lawyer.

     #2: Ask for Your Attorney

    Once you have been able to calm yourself down from the many emotions you may be feeling, you should immediately request that your attorney be present or that you speak with your attorney.

    They may not immediately comply with your request, but you should remain calm, respectful, and persistent, insisting that you speak with your attorney. As mentioned above, this is one of your rights, and you should not hesitate to invoke it. Once you do so, the officer(s) must cease questioning you until you have the opportunity to consult with your attorney.

    Your attorney should provide you with sound advice and next steps that you should listen to and follow. Remember that their job is to protect you and that they are well versed in criminal law.

    Your interactions are protected by attorney-client privilege so you must be transparent with your attorney no matter how bad the situation may be.

    Finding a Criminal Law Attorney

    Being arrested is a very emotionally tumultuous event, and it can heighten feelings of fear, uncertainty, and anger. You must not let those emotions get the best of you.

    One of the most important things to remember, if you are being arrested, is to always remain respectful to avoid being charged with resisting arrest or battery of an officer.

    Consulting with an attorney and remaining silent are the two most important steps you can take to support your case.

    At Apfelbaum Law, we can assist with your criminal charges and answer questions about any potential legal matter. Contact us today for a consultation and learn how we can help you with your case.

  • When is Business Litigation Necessary?

    When is Business Litigation Necessary?

    There are several benefits to owning and operating a business, but there are also several risks that may result in business litigation. A wide variety of circumstances and litigation issues, from property to contractual disputes, can arise in any size Florida business.

    More complex issues often result from breaches of fiduciary duties, professional liability cases, commercial torts, and enforcement of non-compete clauses. These types of business challenges can often lead to business litigation. However, there are times you may be wondering if or when it is necessary to go down the business litigation path.

    3 Times When Business Litigation May Be Necessary

    Generally, when two organizations or an individual and a company have a legal dispute, litigation will likely ensue. However, that does not automatically mean that there are grounds for a lawsuit or that it is a valid legal dispute against a business.

    The following are three examples of when you should consult an attorney in determining whether to proceed into litigation.

    #1: Your Organization is Being Sued

    Being sued is a less than ideal situation any individual or business wants to get involved in. It can be an intimidating experience whether or not there is merit to the case—especially if you run a small business. This is an instance when hiring an attorney who specializes in this type of litigation can be very beneficial.

    #2: Breach of Contracts

    A breach in a contract can result in substantial, long-lasting damages, which may mean you are entitled to compensation. However, these situations are often some of the most complex and involve many legal elements, which is why it is beneficial to hire an attorney to help you best handle your case and seek the compensation you deserve.

    #3: Breaking Non-Compete Agreements

    While many non-compete agreements can be challenging to enforce, they are enforceable in Florida so long as they are reasonable in protecting the business interests of the company, which can include geographic locations, duration of the agreement, and more.

    Effectively Resolving Your Business Litigation Needs

    Navigating the complexities of business litigation can be overwhelming, time-consuming, and challenging. Having an attorney who specializes in business law and disputes can lessen the burdens and demands imposed by the business litigation process.

    If you are uncertain whether your situation will require litigation, you should seek the expertise of an attorney who specializes in business disputes. At Apfelbaum Law, we conduct extensive research and preparation ensuring our clients have the best representation and get the best resolution possible. Contact us today to learn how we can help you.

  • 3 Common Mistakes Made During Business Transactions

    3 Common Mistakes Made During Business Transactions

    Whether you are starting a new business or taking over an existing one, several types of business transactions are required to keep the doors open, lights on, and to see growth potential for any size organization.

    We are all subject to human error. However, one mistake, no matter how minor or insignificant it may seem on the surface, can become a very big problem if left unchecked. That is why it is important to properly plan, draft, and document the appropriate pieces of each business transaction.

    3 Common Mistakes Made During Business Transactions

    Without implementing the appropriate planning necessary for your business transactions, you could be compromising your company’s financial health, reputation, and professional integrity, which could also lead to insolvency or complex legal battles.

    The following are three common mistakes that people often make during business transactions that could easily be avoided with the help of a business law attorney.

    #1: Not creating non-competes or non-disclosure agreements

    You’ve probably heard the saying “Your word is your bond.” With decades of legal experience under our belt, we have seen individuals trust another’s word at face value and compromise themselves too many times. Having properly worded, legally binding agreements is in your best interest to help protect many different aspects of your business.

    For example, a  non-compete agreement can help you avoid having a longtime employee or contractor create a competing business and use your business transaction processes, strategies, and techniques to compete with you, or even contact your own customers.

    Additionally, a well-worded non-disclosure agreement would bar someone from disclosing your trade secrets, industry insights, or any sensitive information that you have regarding your business and business transaction processes, as outlined in the agreement.

    If you feel that you have sensitive business transaction processes and are concerned that employees or contract workers may disclose that information, you should consider consulting with a business law attorney who can help determine if a non-compete or non-disclosure agreement is in your best interest.

    #2: Assuming profits are the same as cash flow in contracts

    Another common mistake that companies make during business transactions is short-changing themselves by inaccurately portraying their scope of work. Oftentimes, professionals don’t account for potential delays that can arise down the road or cushion their contracts for potential cost increases in materials or labor, which can easily make the estimated proposal cost inaccurate, causing them to lose money on the project.

    While you may be tempted to account for each deal as immediate income, you should hold off until the payment and project have been completed, as profits are not the same as cash flow. If you don’t wait, then you run the risk of short-changing yourself, making your company look healthier than it really is, and not having an accurate picture of your company’s financial health to plan accordingly.

    Not only should you associate with a business law attorney that can help you with your legal matters, but you should have a team of other professionals, such as an accountant, to help you with other areas of your business – such as keeping accurate records on your books and financials.

    #3: Wording their contracts poorly

    Contracts are an important aspect of nearly every industry and business transaction, from customer agreements, to buyer and seller agreements, to distribution agreements.

    Properly worded contracts can be written by an experienced attorney who has a strong understanding of Florida contract law. This can help you ensure the soundness of your agreement and also save you time and money if the contract is needed to be enforced in court.

    Avoid Making Common Business Transaction Mistakes

    Avoiding these common mistakes can reduce negative impacts on your business transactions and the organization’s financial health and wellness.

    At Apfelbaum Law, we have had counseled and assisted national and international businesses, small, medium, and large, and entrepreneurs with the legal planning of their business affairs throughout any stage of their company.

    This type of planning can help prevent costly and time-consuming legal issues later on. Contact us today to learn how we can help with your business law needs.

  • How Long Does It Take to Close on a Home in Florida?

    How Long Does It Take to Close on a Home in Florida?

    Home buying can be exciting and also nerve wracking for many individuals. The process of legally becoming the owner of your new property may take longer than you had anticipated.

    Many individuals are fixated on finding the right house and negotiating the price. However, the home buying process is often more complex than that. Whether you are a seasoned home buyer or it’s your first time buying a home in Florida, there are several steps and hiccups that can arise throughout the closing process.

    Closing day is the date when you finalize all the paperwork to officially become the legal owner of your home. But the closing process takes more than a day to complete—especially if you are using a mortgage to pay for it.

    How Long Does Closing on a Home Take?

    You are excited about owning your home and anticipate a quick and simple process. However, there are several factors that can affect the length of time it takes to close on a home in Florida.

    While there is no finite answer when it comes to determining how long it will take for you to close on a home, the average time frame is 30-45 days (if it’s a cash deal, the average time may be reduced to about 15 days). This time frame depends on the circumstances, including the financing involved, the housing market, and the many other steps involved in the closing process, such as:

    • Signing documents
    • Earnest deposit
    • Home inspection
    • Property appraisal
    • Financing process
    • Closing cost payment
    • Title transfer

    Helping You Close on Your Florida Home

    Purchasing a home is one of the largest investments you will make. There are several complexities throughout the process, which is often why many individuals choose to hire a real estate attorney to help with the closing process and ensure it is a smooth transaction.

    At Apfelbaum Law, we help home buyers and sellers with all their real estate closing needs. Contact us today to learn how we can help you.

  • Top Reasons You Should Hire a Real Estate Attorney

    Top Reasons You Should Hire a Real Estate Attorney

    Buying and selling property is often one of the most significant financial investments you will ever make. Hiring a real estate attorney can help legally protect you from unexpected complications and can be advantageous for several reasons.

    Real estate attorneys are well versed in the legal aspects of real estate, are able to communicate each step of the buying and selling process, and advocate for you should any problems arise.

    Whether you are purchasing or selling property, a real estate attorney can serve many important functions throughout the process, such as:

    • Examining the property title and arranging title insurance coverage
    • Communicating with the lender and all other parties involved
    • Ensuring all requirements and conditions are met
    • Drafting, reviewing, and negotiating contracts

    Why You Should Hire a Real Estate Attorney

    Because a real estate transaction is often a large investment, it can be challenging to see things objectively. A real estate attorney, however, has no personal interest in the outcome other than ensuring you (their client) gets the best, fairest deal possible whereas other parties involved have a financial interest, such as earning a commission from the sale.

    Buying or selling property is a financial transaction, which means there are required contracts and signatures. Lawyers are trained to dissect the fine print and comb through contracts, looking for any potential issues.

    Real estate attorneys have an in-depth understanding of the law and are familiar with these types of contracts and real estate jargon, which makes them able to identify any unforeseen situations and complications.

    Ultimately, they can help ensure your needs and best interests are met and protected. For example, if the property has an illegal structure, termites, lead paint, asbestos, etc., your attorney will be able to better understand and explain the terms of the contract and propose modifications accordingly so that you avoid purchasing a property that has costly defects.

    The most substantial benefit that hiring a real estate attorney can give you is peace of mind and confidence knowing that you have an experienced and independent professional who is looking out for your best interests.

    Hiring a Real Estate Attorney to Help You

    Your real estate transaction will be governed by the purchase and sale contract. An experienced real estate attorney can communicate and modify these often complex contracts accordingly so you can have a smooth closing free of legal complications.

    At Apfelbaum Law, we want to help make the sale of property simple for you. Whether you are purchasing or selling a property, contact us today to learn how we can help you with your real estate transaction.

  • What Exactly Happens at a Real Estate Closing?

    What Exactly Happens at a Real Estate Closing?

    You have likely spent countless hours attending open houses, showings, and negotiating offers while searching for your home. The day you close on your dream home is a big day that should be celebrated.

    However, closing day comes with a few more tasks at hand, and having a real estate closing attorney present can help to make the day go smoothly.

    What is a Real Estate Closing?

    The real estate closing is the final chapter in the home buying and selling process where buyers, sellers, and third parties finalize the transfer of a property.

    There will be several legally binding documents that need to be signed, deeds to be transferred, and any remaining payments or closing costs (usually 3-4% of the purchase price) to be finalized. This process is usually managed by a closing agent or escrow agent, who is often an attorney who specializes in real estate closings.

    Understanding The Real Estate Closing

    Home inspections, appraisals, and title searches will have been completed prior to closing day. Though a closing is the finale of the home buying and selling process, there are several steps that must be completed to legally and officially transfer ownership of property.

    The following is a snapshot of what happens on your real estate closing day to help you best prepare for it.

    On the closing date, all parties involved will likely meet at the office of either the title company, attorney, or lender. The transferring of escrow funds, providing mortgage and title fees, and updating the deed of the home into the buyer’s name will happen on this day to finalize the purchase of the property.

    There will also be several documents that you can expect to sign, including:

    • The property deed
    • The bill of sale
    • Transfer tax declarations
    • Closing disclosure
    • Financing documents

    After all the signatures have been made and checks have been written, the closing is legally completed and the property is officially the buyer’s.

    How to Ensure a Smooth Closing

    There are several hang-ups that can arise on closing day that may take you by surprise. Having a real estate closing attorney throughout the process and on closing day can help ensure a smooth real estate closing.

    At Apfelbaum Law, ​​we can assist you through the entire process. In addition to, or independently of representation of the buyer or seller, we can facilitate escrow, issuance of the necessary titles, closing of the transaction, and recording of the necessary documents.

    If you need a real estate closing attorney or have any real estate matter, please contact Apfelbaum Law for a consultation to learn how we can help.

  • 5 Signs You Need to Hire a Child Custody Lawyer

    5 Signs You Need to Hire a Child Custody Lawyer

    Splitting up with your spouse is often an emotionally tumultuous process, and it only becomes more complicated and challenging when children are involved.

    Determining how much time a child will spend in the home of each parent can be difficult because it is about evaluating what is in the child’s best interest without alienating the child from either parent.

    However, one huge mistake parents often make is trying to establish time sharing  on their own and unintentionally creating more frustration and maybe litigation for themselves.

    5 Signs You Should Hire a Child Custody Lawyer

    Hiring a child custody lawyer benefits both the spouses and the children because an objective party is able to help make sure the outcome is best for everyone. However, if you are still on the fence, the following are five signs you should consider hiring a child custody lawyer.

    #1: Your child may be in danger

    If your child is in imminent danger, you should first and foremost alert the appropriate authorities, such as calling 911 and/or Department of Children and Families (DCF), and potentially filing for a restraining order. That being said, danger and abuse come in a variety of forms, and some aren’t as visible as physical danger, such as emotional or mental abuse and neglect. You should hire an experienced  child custody attorney who can help fight the battle with you to ensure your child is placed in a safe and loving environment.

    #2: The other parent has hired an attorney

    If the other parent of your child has hired an attorney, you should hire an attorney as well to even the playing field.  It is important that you have a professional on your side to represent your interests.

    #3: Your case has special circumstances or has significantly changed

    Every parent and family unit are different and in some cases, may have unique or special circumstances, such as having a disabled child requiring special care or a child experiencing intense emotional challenges requiring diagnosis or treatment. An attorney can be your best asset to handle the special circumstances of your child custody case.

    #4: The other parent wants to move

    One parent may ask the court to be allowed to move to move to a different city or state, which can complicate child custody cases—especially since each state has different laws when it comes to child custody. This is when hiring a lawyer becomes valuable to your case and helps you navigate this set of challenges. Florida has a specific statute regulating the movement of children to new areas.

    #5: Denying you child custody or visitation

    In some cases, the other parent may unlawfully choose to deny the other parent any custody or visitation. The reality is that unless the court has approved your agreement or entered the timesharing  order parents can legitimately disagree, and you cannot enforce a verbal agreement. If this happens, it would be in your best interest to hire a child custody attorney who can help shape and legalize the custody and visitation agreement for the best interest  your child.

    Hiring the Right Child Custody Lawyer

    Child custody battles are rarely easy to navigate. The most important thing is to keep the child’s best interest at the forefront of any agreement. Even if it is an amicable split, hiring an attorney can be in your  best interest.

    At Apfelbaum Law, we understand the sensitive nature of family law matters and can assist and advise you on how Florida law governs family relationships, and we can protect your rights. Contact our team today to learn how we can best help you with your child custody case.

  • 5 Florida Family Law Questions Answered

    5 Florida Family Law Questions Answered

    Family law is often challenging and emotionally taxing on relationships, from parents and children to extended family and friends and covers a broad array of matters, including:

    • Adoption
    • Divorce
    • Dependency
    • Guardianship
    • Prenuptials and post nuptials

    From the joyous moments of marrying your spouse or adopting a child, to the more disheartening and tumultuous ones of having to terminate parental rights, there are several questions that individuals often ask.

    5 Family Law Questions: Asked & Answered

    Here are the answers to five of the more frequently asked questions from each of the aforementioned areas of family law.

    Adoption

    Q: Can a stepparent adopt their spouse’s child. If so, what parenting rights will they have in the State of Florida?

    A: Oftentimes, a stepparent may form a strong bond with their stepchild to the extent that they wish to adopt the child. Stepparent adoptions are allowed in Florida, and the process allows you to give the child your surname, participate in all of their major decisions, assume legal responsibility for their welfare, be named their parent on their birth certificate, and receive an expedited completion for uncontested adoption. The “other” biological parent must be involved in the action, and if they have an opinion, the court will consider it.

    Divorce

    Q: Is there a difference between negotiated and contested divorce agreements?

    A: Yes—there is a difference between a negotiated and contested divorce agreement. A negotiated agreement happens when both parties are able to reach a mutually acceptable marital settlement. However, that is not always the case.

    In the event that both parties are unable to reach an agreement, it becomes contested, which means that the case go to a judge, who will analyze both arguments and evidentiary support to decide on the key details of the divorce. Even in contested cases, an agreement is still possible through the mediation process, where a neutral person guides the parties in an attempt at resolution, which is often successful.

    Dependency

    Q: What does the dependency process look like in Florida?

    A: The dependency process most often starts when an allegation is reported and the Department of Children and Families (DCF)  investigates it. Depending on their findings and if the dependent is in imminent danger (abuse, abandonment, neglect, etc.), the child may be removed from their parent(s) or guardian(s).

    At that point, the process begins and may generally include several different hearings, such as a Shelter Hearing within 24 hours of the child’s removal, an arraignment hearing, or adjudicatory hearing.

    If the case is proven, then there will be a disposition hearing, judicial review, potential reunification, or termination of parental rights. Judges preside over these hearings, making decisions as to the child’s current best interest.

    Guardianship

    Q: How many types of guardianship exist in Florida?

    A: There are several types of guardianship, including these common types that exist in Florida, including:

    • Guardianship of a minor
    • Voluntary guardianship
    • Limited adult guardianship
    • Plenary (full) guardianship

    Prenuptials and post nuptials

    Q: Is your prenuptial or postnuptial agreement enforceable?

    A: It is not impossible to find a prenuptial or postnuptial agreement unenforceable under Florida law. In fact, fraud, duress, overreaching, or involuntary agreement are common claims that are made to render the agreement void.

    In order to ensure their enforceability, it is important that both partners carefully review the agreement, ideally with the assistance of a family law attorney, and disclose full and accurate financial records prior to signing it.

    Hiring a Family Law Attorney to Accurately Answer Your Questions

    Family law covers a wide range of issues. The above were only five of some of the most frequently asked family law questions.

    If you have any questions regarding family or other areas of law, contact our team at Apfelbaum Law to learn more about how we can help you with your case.

  • 3 Tips for Successful Shared Parenting After Divorce

    3 Tips for Successful Shared Parenting After Divorce

    Divorce is never easy, and the process is even more stressful and important when there are children involved.

    Communication with your former spouse will likely be a key component of a successful shared parenting plan to help your children feel stable and secure and maintain close relationships with both of their parents.

    Parents who are working toward a successful shared parenting plan after divorce should provide their children with practical and concrete support to help them transition through this difficult time.

    What is Shared Parenting?

    Shared parenting is commonly referred to as co-parenting. It is when both parents play an active role in their children’s lives to ensure that their needs are met and that they can retain close relationships with both of their parents. Most Florida judges order shared parental responsibility, which means both parents have equal input in the child’s live, regardless of the number of overnights spent at a parent’s home.

    The relationship between the parents can strongly influence their children’s mental and emotional well-being. In fact, there are several benefits for children when experience a cooperative and healthy shared parenting relationship, such as:

    • Feeling confident and secure, which drastically improves their ability to adjust
    • Having consistency from both parents
    • Understanding how to effectively and peacefully problem solve, as shown by their parents

    3 Shared Parenting Tips After a Divorce

    Though timesharing and shared parental responsibility and the necessary communication with an ex-spouse may feel exhausting and stressful, it is important to find the right balance in the best interest of the children.

    Every parent and family is unique, which is why there is no magic formula for the perfect shared parenting plan. However, here are a few tips to best help each parent navigate this challenging time.

    Tip #1: Set aside your hurt and anger

    There are several emotions (hurt, anger, resentment, etc.) that spouses often feel throughout their divorce. However, it is important for those feelings to take a back seat when it comes to shared parenting and to put your kids’ emotional well-being first.

    Get your feelings out somewhere else and stay focused on your kids. This will help each ex-spouse keep their feelings of hurt and anger on the back burner. Never “bad mouth” the other parent to your child. You are talking about their father or mother!

    Tip #2: Improve communication with your shared parent

    Your marriage may have ended, but your roles as parents did not. Respectful and consistent communication is highly beneficial for shared parenting even though it may seem impossible at times. Try to avoid bringing up the past or allowing your feelings to overshadow your communication.

    Making your child the focal point and primary purpose of any discussion you have with your ex-partner can help. Here are a few additional tips for effectively communicating with your co-parent: 

    • Set a business-like tone
    • Make requests and calm statements, not demands or ultimatums
    • Listen to each other

    Tip #3: Fair is not necessarily equal

    It is common to assume that equal one-on-one time is the fair standard when it comes to shared parenting. However, that is not how it may pan out for every family. Every minute you get with your child is valuable and precious, especially because you now have to split time.

    One co-parent may have scheduled extra-curricular activities during the other’s time, which can be frustrating. However, that may not have been their intent. It is important to remember that what is best for your child is not always what is best for you. Your co-parent may participate in activities that happen to cut into your time with your children, which may mean you spend less one-on-one time with them.

    Helping You Create a Shared Parenting Plan

    Creating a shared parenting plan can be an emotionally and mentally difficult process. An attorney who understands family law can help create a shared parenting plan that works best for all parties involved.  We can help you with the required “parenting plan” form, which goes into a lot of details about how and when the child moves between each parent’s home.

    At Apfelbaum Law, our team of attorneys provide a wide variety of legal services. Whether you’re in need of a Florida divorce or family law attorney or need assistance in other areas of the law, we can help you. Contact us today to learn how.

  • 3 Steps of a Real Estate Closing in Florida

    3 Steps of a Real Estate Closing in Florida

    Buying property should be an exciting time in your life. However, there are several necessary components of a real estate closing in Florida that can quickly become daunting.

    Purchasing property is likely one of the larger investments individuals make in their lives, and there are many moving parts necessary to ensure it is properly completed, void of delays, disputes, or additional costs.

    It is important to understand that there are many steps that lead up to a real estate closing in Florida, and one misstep could disrupt the transaction or even lead to litigation.

    3 Steps of a Real Estate Closing in Florida

    The closing is the official exchange of property ownership, where the property is officially transferred from the seller to the buyer. It’s the closing of the transaction which has many moving parts and steps; but there are still many other things to be done from the time the contract is signed until the closing takes place.

    Real Estate Closing Step #1: The Contract & Deposit

    You’ve toured, evaluated, and decided that you want to purchase a property. A contract will then be drawn up, which the seller and the buyer both agree to and enter into. There are various contract types, such as the standard FAR/BAR “As Is” Contract, or you may have a customized contract drafted.

    You’ve likely heard about the tedious fine print in contracts, which is why drafting and understanding the language and terms of the contract you enter into is very important for a smooth closing. When the contract is properly and fully executed, it will be enforceable.

    Once the contract is drafted, agreed upon, and executed, the buyer will deposit funds into an escrow account. A real estate attorney can prove highly beneficial from the start as they are familiar with drafting contracts and can help guide you when depositing your earnest money.

    Real Estate Closing Step #2: Property Appraisal & Inspection

    A property appraisal is often required by many lenders to properly appraise the value of the property. The buyer will also usually have it inspected to ensure it is in good condition, such as checking that the roof, wiring, HVAC system, and other elements of the property are all functioning properly.

    Real Estate Closing Step #3: Title Examination & Insurance Policies

    Similar to with car sales, a title examination is another part of a real estate closing in Florida. It is needed to verify the chain of legal ownership. A missing deed or spotty title record could hinder the property’s sale.

    Obtaining certain insurance policies are also typically required by the lender prior to a real estate closing. The most commonly required insurance policy is homeowners, but sometimes separate wind, hazard, or flood policies may also be required by a lender.

    A Real Estate Attorney Can Help You Every Step of The Way

    From deciding on the property you want to purchase and drafting contracts to inspections and closing, a real estate attorney can help you during each step of the transaction and beyond. Once you have closed on a property, you will still need to have the deed properly recorded in public records, which a real estate attorney can also assist with.

    At Apfelbaum Law, we have helped numerous Florida buyers and sellers through the real estate closing process and can help you every step of the way, as well. Contact us today to get started.