Florida Real Estate Law FAQs – St. Augustine Real Estate Attorneys

Get Answers from Experienced Florida Real Estate Attorneys

Real estate transactions and disputes in Florida can be complex—especially when large assets, tight timelines, or unfamiliar legal terms are involved. At St. Johns Law Group, our experienced attorneys are here to provide clarity and protect your interests.

Below are answers to some of the most common real estate legal questions in Florida, based on what we hear from clients in St. Augustine, Ponte Vedra, Palm Coast, Jacksonville, and across Northeast Florida.

Frequently Asked Questions

❓ Do I need a real estate attorney to buy or sell property in Florida?

Florida does not legally require buyers or sellers to hire an attorney—but it is strongly recommended. A real estate attorney can review or draft contracts, resolve title issues, negotiate terms, and ensure you are protected throughout the closing process. For complex deals, FSBO sales, or investment properties, legal representation is especially important.

❓ What is the difference between a real estate agent and a real estate attorney?

A real estate agent helps facilitate the sale and acts as a licensed intermediary. A real estate attorney provides legal advice, ensures contract enforceability, and protects your rights. Only attorneys can:

• Draft custom contracts and addenda

• Resolve title defects

• Represent you in disputes or litigation

• Provide fiduciary legal guidance

❓ What happens if there’s a problem with the title?

If a title defect (e.g., lien, judgment, incorrect legal description, or missing heir) is discovered before closing, your attorney can work with the title company to cure the issue. If it appears after closing, we may assist with quiet title actions, title insurance claims, or litigation.

❓ Can I cancel a real estate contract in Florida?

Buyers often have a limited inspection period during which they can cancel without penalty. After that period, cancellation depends on specific contract terms. An attorney can help evaluate:

• Default clauses

• Earnest money risks

• Remedies for breach of contract

• Whether contingencies were satisfied

❓ What is a 1031 exchange and do I need an attorney?

A 1031 exchange allows real estate investors to defer capital gains taxes by reinvesting proceeds into a “like-kind” property. An attorney ensures the exchange:

• Complies with IRS rules

• Meets strict deadlines

• Coordinates with a qualified intermediary

• Protects your interest in contracts and closings

❓ What are common disputes between buyers and sellers?

Some of the most common real estate legal disputes in Florida involve:

• Failure to disclose defects (e.g., mold, flood zones, past repairs)

• Breach of contract

• Earnest money deposit disputes

• Disagreements over inspections or repairs

• Last-minute refusal to close

We resolve many disputes through negotiation—but are ready to litigate if necessary.

❓ How do real estate attorneys help FSBO (For Sale by Owner) sellers?

Selling your home without a Realtor? An attorney can:

• Draft and review your purchase contract

• Handle disclosures and addenda

• Ensure compliance with Florida law

• Coordinate with the title company

• Protect you from post-sale liability

❓ Can I buy Florida real estate from out of state?

Yes—and we regularly assist out-of-state buyers and investors. Our firm handles:

• Contract review and negotiation

• Remote closings and power of attorney

• Title searches and insurance

• Local representation for buyers who can’t attend closing in person

❓ What is a quiet title action?

A quiet title lawsuit clears defects or disputes from a property’s title—often needed for tax deeds, heir property, or unclear ownership. It’s a court action that ensures the owner has clear and marketable title moving forward.

❓ What’s the role of title insurance?

Title insurance protects against financial loss from defects in title. We review title policies, resolve issues before closing, and assist with title insurance claims if problems arise after closing.

Serving Real Estate Clients Across Northeast Florida

We represent buyers, sellers, developers, investors, and real estate professionals in:

• St. Johns County – St. Augustine, Ponte Vedra, Nocatee, Julington Creek, Silverleaf

• Flagler County – Palm Coast, Flagler Beach

• Duval County – Jacksonville, Jacksonville Beach, San Marco

• Clay County – Fleming Island, Green Cove Springs

• Putnam County – Palatka, Crescent City

• Southern Georgia – Select cross-border real estate matters

📞 Still Have Questions?

If you’re navigating a real estate transaction or facing a legal dispute, we’re here to help. At St. Johns Law Group, our attorneys bring decades of real estate experience and deep knowledge of Florida law to every closing, contract, and conflict.

📍 104 Sea Grove Main Street, St. Augustine, FL
📞 (904) 495-0400
🖋️ Schedule a Real Estate Law Consultation