Is an Attorney Required for our Florida Real Estate Closing?

Why Lawyers Are Not Typically Used in Florida Real Estate Closings
Many people relocating from the Northeast, Midwest, or other attorney-centric states are surprised to learn that Florida real estate closings rarely involve lawyers! This isn’t because attorneys are prohibited—buyers and sellers are always free to hire one—but because Florida’s closing process is structured differently from states where attorneys are required.

A Title-Company-Driven System
Florida is a title company state, meaning that most residential closings are handled by licensed title agents or title companies rather than attorneys. These professionals manage tasks such as:

• Conducting the title search
• Issuing the title insurance policy
• Preparing closing documents
• Coordinating the signing and disbursement of funds

This system is well-established and widely used throughout the state.

Why This System Works in Florida
Several factors contribute to the limited use of attorneys in typical residential transactions:

1. Standardized Contracts
Florida uses widely adopted, attorney-drafted contract forms—such as the NABOR contract in Collier County and the FAR-BAR contract statewide. These forms are designed to be comprehensive and reduce the need for custom legal drafting in most transactions.

2. Title Companies Handle the Closing Process
Title companies are licensed to:

• Perform title searches
• Clear title issues
• Prepare settlement statements
• Issue title insurance

Because these functions are centralized, the closing process is streamlined without requiring attorney involvement.

3. Real Estate Agents Are Trained in Contract Procedure
Florida licensees are permitted to fill in the blanks on approved contract forms and explain the meaning of standard provisions. They cannot give legal advice, but they can guide customers through the procedural aspects of the transaction.

4. Attorney Involvement Is Optional, Not Mandatory
Parties may hire an attorney at any time, especially for:

• Complex estates
• Commercial transactions
• Disputes
• Unusual contract terms

But for most residential sales, the standard process is sufficient without mandatory legal representation.
How This Differs From Attorney States
In states like New York, New Jersey, Massachusetts, and the Carolinas, attorneys are required to:

• Draft or review contracts
• Oversee title work
• Conduct the closing

Florida’s system shifts these responsibilities to title companies and standardized forms, which is why attorney involvement is far less common.
 

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