What a Real Estate Attorney Does at a Florida Closing That a Title Company Does Not
Buying or selling property in Florida usually means working with a title company at some point. Title companies play an important role. They search records, issue title insurance, and help make sure a transaction closes smoothly. But many buyers and sellers assume a title company can do everything an attorney does. That assumption can leave gaps in protection that only become obvious after the deal is already done.
So what is the real difference? Let’s break it down.
Title Companies Have a Narrower Lane Than Many People Realize
Title companies are licensed to handle specific tasks tied to issuing title insurance. They are not licensed to practice law, and Florida takes that distinction seriously. A title company representative generally cannot give an opinion on whether title to a property is good, interpret how a lien or judgment affects ownership, or advise someone on how they should take title (individually, jointly, through a trust, and so on).
This isn’t just convention. Florida law specifically restricts the activities of real estate licensees and title professionals when it comes to rendering opinions on title or property law matters. Have you ever wondered why a title agent hands certain questions back to you with a suggestion to “ask your attorney”? This is often why.
What an Attorney Reviews That a Title Company Typically Will Not
A title company’s job is largely focused on the insurance side of the transaction. An attorney’s role is broader and centers on protecting the client’s legal interests throughout the deal, not just clearing a path to insurability.
A few examples of where an attorney’s involvement often differs from a title company’s role include:
- Reviewing and explaining the terms of the purchase and sale contract
- Identifying contract contingencies, deadlines, and default provisions
- Reviewing survey issues, easements, or boundary concerns
- Advising on how title should be held based on a buyer’s personal situation
- Negotiating repair credits or closing cost disputes between parties
- Addressing last-minute title defects that arise close to closing
Why does this matter? Because a closing can move quickly, and the documents involved carry long-term consequences. A title company can confirm a deal is insurable. It generally is not positioned, or authorized, to tell someone whether a contract term is favorable or what their options are if something goes wrong before the closing table.
Who Is Actually Representing You at the Table?
This is a fair question to ask before any closing. A title company is neutral. It is not representing the buyer or the seller individually, even though it is facilitating the transaction for both. An attorney, by contrast, can represent one party’s interests directly.
This distinction tends to matter most when something unexpected comes up. Maybe a survey reveals an encroachment. Maybe a title search turns up an old lien that should have been satisfied years ago but wasn’t. Maybe the seller’s marital status raises a question about whether a spouse needs to sign. These are the kinds of issues where having someone looking out specifically for your interests, rather than the transaction generally, can make a real difference.
Considering a Florida Real Estate Transaction? Let’s Talk
Every closing is a little different, and the right approach often depends on details specific to the property and the parties involved. If you are buying, selling, or simply trying to understand what protections you have heading into a closing, we encourage you to reach out. At Fisher & Wilsey, P.A., we have spent decades helping clients throughout the Tampa Bay area navigate real estate transactions from contract to closing day.
Are you preparing for an upcoming closing and want to understand your options? Contact our St. Petersburg real estate attorneys today to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0475/Sections/0475.25.html