Real Estate Law in Florida

Florida does not legally require an attorney for real estate closings, making it one of the states where title companies can handle transactions independently. However, many buyers and sellers choose legal representation, especially for complex purchases, short sales, or commercial properties. Standard residential closing attorney fees range from $800 to $2,000. Florida has unique real estate considerations including documentary stamp taxes (0.70% of purchase price), intangible taxes on mortgages (0.2%), and homestead property tax exemptions worth up to $50,000. The state's active condo market adds another layer of complexity, with condo document review typically costing $200-$500 extra. Foreign buyers (particularly from Latin America, Canada, and Europe) represent a significant portion of Florida real estate transactions, and FIRPTA withholding requirements add additional legal complexity. Title insurance in Florida is typically paid by the seller in Miami-Dade and Broward counties, bucking the trend of most other Florida counties where the buyer pays.