Florida Deed Preparation
If you are planning to purchase residential or commercial property in Florida, it is important to understand how deeds work and why you need an attorney to assist you. There are multiple types of deeds in Florida, and these documents must have certain requirements in order to be valid under Florida law. Since deed preparation is an integral part of the process of buying real estate in Florida, you should begin working with a real estate lawyer as soon as you can to understand deed requirements, and the basics of deed drafting.
What is a Deed?
A deed is a legal document that is used in Florida and other states to transfer ownership of real property. Deeds will include the names of the current owners (who are transferring ownership of the property) and the new owners (to whom ownership is being transferred). In addition, deeds explain the type of tenancy by the new owners, as well as information about the amount paid for the transfer of the property. Before a transfer of property can occur, a deed must be prepared by an attorney. Usually the seller’s attorney will draft the deed, and the deed will be signed at the closing. The buyer’s attorney will use the information contained in the deed to conduct a title search and to ensure that the property information contained in the purchase agreement matches the information obtained through the title search, and that there are no liens on the property.
Types of Deeds in Florida
What types of deeds must be prepared in Florida real estate transactions? There are a number of different kinds of deeds, including the following:
- General warranty deed, in which a seller warrants that the title to the property is good, that the seller has the right to sell or transfer the property, and that the property does not have any liens;
- Special warranty deed, which is a type of deed in which a seller warrants that the property has been free of any issues during the time that the seller owned the property; and
- Quit claim deed, in which an owner of the property transfers ownership to another party without making any warranty concerning the title.
General warranty deeds provide buyers with the most protection. There are other types of deeds that can be drafted in Florida as well, including a personal representative’s deed following a person’s death and a resulting probate process, or a “Lady Bird” deed, which is also known in Florida as an enhanced life-estate deed that transfers an owner’s interest in the property upon his or her death.
Requirements for a Deed
In order for a deed to be effective in Florida, the following must be true of the deed:
- It is in writing;
- It has been signed by the party transferring the property (or by that party’s agent);
- It has been signed before two witnesses; and
- The two witnesses have signed the deed.
Contact a Deed Preparation Lawyer Today for Assistance
When you are purchasing property in Florida, whether it is a new home, a vacation property, or a commercial space to start a business, you should have one of our experienced deed preparation attorneys assist you with deed drafting and other aspects of the real estate process. Real estate law can be extremely complex, and our lawyers have years of experience representing clients in Florida in a variety of real estate transactions. Contact Gilbert Garcia Group, P.A. today for more information.