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Florida Real Estate Law: Your Questions, Answered

Clear, plain-English answers from the real estate attorneys at Strang Tryson, PLLC — serving Miami, Miami Beach, and Coral Gables.

Whether you’re navigating a real estate closing, managing an HOA, working with buyers and sellers as a realtor, or dealing with a property dispute, understanding your legal options is the first step. This resource answers the questions our clients ask most — from buyers and sellers to property managers, realtors, and association board members throughout South Florida.

Real Estate Closings & Title

Do I need a real estate attorney for a closing in Florida?
Florida does not legally require a real estate attorney to be present at closing — but having one protects your interests in ways a title company alone cannot. A real estate attorney reviews your contract, identifies issues before closing day, resolves title problems, and advocates for you if something goes wrong.

In complex transactions, or any deal involving significant money, the cost of an attorney is small relative to the protection you receive. Strang Tryson, PLLC provides both title and escrow services and full legal representation — giving clients the efficiency of a title company with the protection of experienced legal counsel.

What is title insurance and do I need it in Florida?
Title insurance protects you from financial loss due to defects in a property’s title — things like prior liens, unpaid taxes, forgery, or ownership disputes that may not surface during a title search. In Florida, there are two types: lender’s title insurance (required by most mortgage lenders) and owner’s title insurance (optional, but strongly recommended).

A one-time premium paid at closing covers you for as long as you own the property. Given the complexity of South Florida’s real estate market — with its high volume of international transactions, condo conversions, and investor activity — owner’s title insurance is a wise investment.

How long does a real estate closing take in Florida?
A typical Florida real estate closing takes 30 to 60 days from contract execution to the day the deed is recorded. The actual timeline depends on financing, title issues, and association estoppel requirements. Cash transactions can close in as little as 14 to 21 days. Complex commercial deals or international transactions may take 60 to 90 days or longer.

The closing process generally follows these steps:
1.    The purchase contract is executed and a closing timeline is established.
2.    A title search is conducted to verify clear ownership.
3.    Title insurance is ordered and any title issues are resolved.
4.    The closing disclosure and settlement statement are prepared.
5.    Both parties sign the closing documents.
6.    Funds are disbursed and the deed is recorded with the county.

An experienced closing attorney at Strang Tryson ensures every step is handled accurately and on schedule.

What can go wrong at a real estate closing in Florida?
Common issues include title defects such as liens, judgments, or ownership gaps; survey problems; last-minute financing failures; contract disputes; and missing or incorrect documentation. When these issues arise, having a real estate attorney at the table — rather than just a closing coordinator — makes a significant difference. An attorney can negotiate solutions, advise you on your legal options, and prevent a failed closing from becoming a costly dispute.

Do I need a real estate attorney or a title company?
A title company handles the administrative side of a closing — preparing documents, conducting the title search, and issuing title insurance. A real estate attorney does all of this and more: reviewing and negotiating contracts, providing legal advice specific to your situation, identifying and resolving legal issues, and representing you in any dispute that arises.

At Strang Tryson, PLLC, clients get both under one roof — the efficiency of a full-service title company combined with the protection of experienced real estate attorneys.

How much does a real estate attorney cost in Miami?
Real estate attorney fees in Miami vary based on the type of transaction and its complexity. Residential closings are typically handled on a flat-fee basis, while commercial transactions and litigation are usually billed hourly. For most residential closings, attorney fees are a small fraction of total closing costs and far less than the financial exposure they protect against.

At Strang Tryson, PLLC, we provide transparent fee estimates upfront — no surprises at the closing table. Contact us for a quote specific to your transaction.

Who pays closing costs in Florida — buyer or seller?
In Florida, closing costs are typically split between buyer and seller, though the exact allocation can be negotiated in the purchase contract. Sellers generally pay the documentary stamp tax on the deed, title insurance owner’s policy (in most Florida counties), and real estate commissions. Buyers generally pay title search fees, lender’s title insurance, recording fees, loan origination costs, and prorated taxes and HOA dues.

Local custom varies by county. In Miami-Dade, sellers typically pay for the owner’s title insurance policy, while in Broward and other counties the buyer often pays. Your attorney can walk you through exactly what to expect for your transaction.

Have a specific question about your closing? Schedule a consultation with Strang Tryson, PLLC.

Community Association & HOA Law

What does an HOA attorney do in Florida?

An HOA attorney advises homeowner associations, condominium associations, and cooperative associations on a full range of legal matters — including interpreting governing documents, enforcing covenants and rules, drafting amendments, handling assessment collections, reviewing vendor contracts, and managing disputes with owners or developers.

A good community association attorney doesn’t just react to problems — they help associations operate in compliance with Florida law so that issues are prevented before they escalate.

How can an HOA enforce rules and covenants in Florida?

Florida HOAs can enforce covenants by issuing written violation notices, imposing fines after a proper notice-and-hearing process, suspending owner privileges such as use of amenities, and — if necessary — filing for injunctive relief or a lawsuit. Florida law requires associations to follow a specific process before imposing fines. Skipping required steps can expose the association to counterclaims. Working with an HOA attorney ensures enforcement is consistent, legally sound, and defensible.

What are my rights as a condo owner in Florida?

Florida condo owners have significant legal protections under Chapter 718 of the Florida Statutes, including:

  • The right to access official association records
  • The right to attend and speak at board meetings
  • The right to a hearing before fines are imposed
  • The right to vote on major decisions affecting the community
  • Protection against selective rule enforcement and discrimination

If your association isn’t following the law, a community association attorney can advise you on your options — from formal dispute resolution to litigation.

Real Estate Litigation

What is a quiet title action in Florida?

A quiet title action is a lawsuit filed to establish clear ownership of a property and remove any competing claims or clouds on the title. Common reasons to file include disputed boundaries, undisclosed liens, errors in prior deeds, or claims by heirs of a previous owner. A successful quiet title action results in a court order declaring the plaintiff the rightful owner, free of those competing claims. This is a specialized area where experienced legal counsel is essential.

Can I sue a seller who backed out of a real estate contract in Florida?

Yes. If a seller backs out without a valid legal basis, you typically have two remedies: recovering your earnest money deposit, or filing for specific performance — asking the court to force the seller to complete the sale as agreed. Florida courts uphold specific performance claims in real estate because every property is considered legally unique. An attorney can evaluate your contract and advise on the strongest course of action.

How long does real estate litigation take in Florida?

Timeline varies by complexity. Simple disputes resolved through mediation may conclude in 3–6 months. More complex cases — quiet title actions, deposit disputes, breach of contract claims — can take 12–24 months or longer if they proceed to trial. Florida courts generally encourage mediation as a first step, which can shorten the timeline and reduce costs significantly.

About Strang Tryson, PLLC

What does Strang Tryson, PLLC specialize in?

Strang Tryson, PLLC is a South Florida real estate law firm focused exclusively on real estate and related legal matters. Core services include:

  • Real estate closings — residential and commercial
  • Title and escrow services
  • Community association law — HOA and condo associations
  • Real estate litigation
  • Commercial real estate — acquisitions, leasing, and financing
  • Landlord-tenant disputes

The firm has offices in Miami Beach and Coral Gables and serves clients throughout South Florida.

What should I look for in a real estate attorney in Miami?

Look for specific experience in Florida real estate transactions — not just general practice — familiarity with the South Florida market, a track record across both transactional and dispute work, clear communication, and transparent fees. Peer designations like Martindale-Hubbell’s AV Preeminent rating — held by Avi S. Tryson — are a strong indicator of professional standing.

Does Strang Tryson handle international buyers purchasing property in Florida?

Yes. Strang Tryson, PLLC regularly represents foreign investors and international buyers purchasing residential and commercial property in South Florida. Attorney Jodi L. Strang has closed over $4 billion in transactions, many involving clients from around the world. International transactions involve specific considerations including FIRPTA withholding, entity structuring, and financing requirements — all areas where the firm has deep experience.

The information on this page is for general educational purposes and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Strang Tryson, PLLC. For advice specific to your situation, please contact our office directly.