Buying or selling property in Miami is one of the most significant financial decisions you’ll make. Florida’s real estate laws are unique — and the stakes are high. Whether you’re a first-time homebuyer, a seasoned investor, or a foreign national purchasing U.S. property, having the right legal guidance can save you thousands and prevent costly disputes.
At Finberg Firm PLLC, our attorneys handle real estate transactions and disputes throughout Florida. Here’s what you need to know before signing anything.
Florida Real Estate Transactions: Key Legal Steps
1. The Purchase and Sale Agreement
The contract is the foundation of every real estate deal. In Florida, the standard forms (FR/BAR contracts) are widely used but can be modified. Key provisions to review include:
- Inspection contingencies: Typically 10-15 days for due diligence
- Financing contingencies: Protects the buyer if the loan falls through
- As-Is clauses: Common in Florida — buyer accepts property in current condition
- Closing date and possession: Who bears risk during the transition period?
- Deposits and escrow: Default rules and release conditions
2. Title Search and Title Insurance
Before closing, a title search is performed to verify the property’s ownership history and identify any liens, encumbrances, or claims. In Florida, title insurance protects both the lender (required) and the buyer (strongly recommended) against hidden title defects.
Common title issues in Miami include:
- Unpaid contractor liens (mechanic’s liens)
- HOA assessment liens
- Boundary disputes from prior surveys
- Probate issues from undocumented transfers
- Foreign ownership complications (FIRPTA)
3. Closing Process in Florida
Florida is a “title company state” — closings are typically handled by a title company or real estate attorney. The closing involves:
- Final walkthrough of the property
- Review and signing of closing documents (Closing Disclosure, deed, mortgage documents)
- Disbursement of funds
- Recording of the deed at the county courthouse
Important: Foreign nationals purchasing U.S. real estate must comply with FIRPTA (Foreign Investment in Real Property Tax Act) — up to 15% of the sale price may be withheld for federal taxes. An attorney can help structure transactions to minimize this burden.
Common Real Estate Disputes in Florida
Contract Disputes
Deals fall apart. When they do, disputes arise over who keeps the deposit, whether specific performance is available, or whether fraud or misrepresentation occurred. Florida courts generally enforce contract terms strictly — which is why careful drafting matters from the start.
Seller Disclosure Issues
Florida law requires sellers to disclose known material defects that are not readily observable (Johnson v. Davis standard). Failure to disclose can lead to rescission of the sale or damages. Common non-disclosures include:
- Roof leaks or water intrusion history
- Mold or Chinese drywall issues
- Foundation problems
- HOA disputes or special assessments
- Code violations or unpermitted work
Landlord-Tenant Disputes
Miami’s rental market is one of the most active in the country. Common disputes involve security deposit returns (Florida requires return within 15-30 days), eviction procedures, habitability issues, and lease interpretation. Florida has specific procedural requirements — a misstep can invalidate an eviction.
HOA and Condo Association Issues
With Miami’s condo-heavy market, HOA and condo association disputes are extremely common. Issues include:
- Unpaid assessments and lien foreclosure
- Rule enforcement disputes
- Board election irregularities
- Milestone inspection requirements (new post-Surfside law)
Special Considerations for Foreign Buyers in Miami
Miami attracts buyers from Latin America, Europe, and Asia. Foreign nationals face additional layers of complexity:
- FIRPTA withholding: 15% of gross sale price withheld unless exemption applies
- FinCEN Geographic Targeting Orders: Cash purchases over $300,000 in Miami-Dade County require beneficial ownership disclosure
- Florida’s SB 264 (2023): Restricts certain foreign nationals from certain countries from purchasing property near military installations
- Estate planning: Foreign nationals may face U.S. estate tax on U.S. situs assets without proper structuring
Real Estate and Immigration: A Critical Intersection
For visa holders and green card applicants, real estate transactions can have unexpected immigration implications:
- EB-5 investors: Real estate investment may qualify for the EB-5 investor visa if structured through a Regional Center or direct investment meeting requirements
- H-1B and other visa holders: Property ownership does not affect visa status, but financing documentation must be correct
- F-1 students: Buying property is permissible but financing requires a credit history that most students lack
- Public charge concerns: Property ownership is a positive factor in public charge analysis
Why Work With a Real Estate Attorney?
In many states, attorneys are required for real estate closings. Florida does not require an attorney — but that doesn’t mean you shouldn’t have one. A real estate attorney:
- Reviews and negotiates contract terms before you’re bound
- Identifies red flags in title searches
- Ensures proper FIRPTA compliance for foreign transactions
- Advises on HOA document review
- Resolves disputes before they become litigation
- Coordinates with your immigration attorney when visa status is involved
Frequently Asked Questions
Do I need an attorney to buy a home in Florida?
Florida does not legally require an attorney for residential real estate closings. However, having an attorney review the contract, title commitment, and closing documents can protect you from costly mistakes — especially for complex transactions, foreign buyers, or properties with title issues.
How long does a real estate closing take in Florida?
Typical Florida residential closings take 30-45 days from contract execution. Cash transactions can close faster (7-14 days). Delays commonly occur due to title issues, financing, or survey problems.
What is Florida’s homestead exemption?
Florida’s homestead exemption provides up to $50,000 off the assessed value for property tax purposes on a primary residence. It also provides creditor protection — homestead property generally cannot be forced to be sold to pay creditors (with some exceptions for mortgages and tax liens).
Can a foreign national buy property in Florida?
Yes, with some limitations. Florida’s SB 264 (effective 2023) prohibits certain citizens of China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria from purchasing real property near military installations or critical infrastructure. Otherwise, foreign nationals may generally purchase Florida real estate but must comply with FIRPTA and other federal requirements.
What happens if a seller didn’t disclose a defect?
In Florida, sellers must disclose known material defects not readily observable by the buyer. If a seller fails to disclose, the buyer may have claims for fraudulent concealment, misrepresentation, or breach of contract — potentially entitling the buyer to rescission or monetary damages. Time is critical: contact an attorney promptly upon discovering an undisclosed defect.
Contact Finberg Firm PLLC for Real Estate Legal Guidance
Whether you’re buying your first Miami condo, selling investment property, dealing with a landlord-tenant dispute, or navigating real estate as a foreign national, our attorneys are here to help.
Finberg Firm PLLC — Miami, Florida
Immigration Law · Business Law · Real Estate Law · Employment Law
📞 (305) 999-8889 | 🌐 Schedule a Consultation
Se habla español | 中文服务 | Hindi & Telugu available