September 19, 2023 • 12 mins
To learn more about Goodwin Law, P.A. go to: GLPA.law
Goodwin Law, P.A.
9955 Tamiami Trl N STE 4
Naples, FL 34108
(239) 207-3403
Mark as Played
Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Unknown (16:51:23):
Welcome to Goodwin law unplugged Florida real estate
and more. This podcast featurescandid insight for real estate
industry professionals from allsectors. Your host attorney
Matthew Goodwin, a nativeFloridian and experienced real
estate attorney will provide hispersonal insight on legal
matters and feature otherprofessionals offering their
(16:51:44):
candid advice. Whether you're afirst time homebuyer, seasoned
investor or experienced realestate agent, there is something
for everyone. Thanks for joiningus on Goodwin law unplugged.
Charlie McDermott (16:51:57):
Welcome back, listeners, viewers, Charlie
McDermott, co host producer ofthe show here with Matt Goodwin,
Matt, how you doing?
Matthew Goodwin (16:52:04):
I'm good.
Thanks. How are you, Charlie?
Unknown (16:52:06):
I'm doing terrific. And I personally, I think this
podcast episode should have beenrecorded months ago. But
fortunately, because you're aclient of mine, and I'm a client
of yours. This is greatinformation for everyone else.
And as you will know, and foryour listeners, Matt helped me
(16:52:26):
not only buy but also sell twoproperties. And I wasn't aware
of that until we got to talkingwith our you know, just our
friendly conversations over theyears that you provide those
services. And so it was kind ofcool one stop shopping. I got
your legal mind working on mydeal, because it was It wasn't
(16:52:47):
me it wasn't that complex, butit was a weird one and involved,
you know, damage with thehurricane, hurricane. What was
that? You know, all these Ihurricanes, Irma, Ian, and
whatever the heck just flew byus. Yeah. I still know how to
pronounce that one. But, youknow, in our case, it was
Hurricane Ian. And so you wereable to really just take the
(16:53:09):
full transit or transaction. Onthe title side, we had enough
going on to being displaced. Imean, our life was turned upside
down. And, you know, one of thebright spots was knowing that
you guys were there and wedidn't even have to think about
it. So today's topic is really,I think, a good one to enlighten
(16:53:31):
the public. So they don't haveto go through what we went
through. Hopefully no one has togo through the hurricane mask,
but on the title sign. Soturning it over to you. What do
you have in store for today,man?
Matthew Goodwin (16:53:41):
Well, today I'm going to introduce the top 10
reasons to hire a real estateattorney, rather than a title
company for your nexttransaction. Good to distinguish
the two. So both of themelaborate on each one. on future
episodes, I'm gonna give youjust a cursory overview for now.
(16:54:01):
So both real estate attorneys,and title companies play
significant roles in real estatetransactions, but they serve
different purposes and havedifferent areas of expertise.
These are the top 10 reasons whysomeone might consider hiring a
real estate attorney or a titlecompany for their next
transaction. Number one expertlegal advice. Real Estate
(16:54:23):
Attorneys can providecomprehensive legal advice
ensuring that your rights areprotected and that you're making
decisions that are in your bestinterests. Number two, contract
review and drafting while thetitle company ensures clear
title, attorneys can review,modify and draft contracts to
(16:54:43):
tailor them to a specificclient's needs, ensuring that
the terms are favorable andlegally sound again for them.
Number three complextransactions and more
complicated real estate dealssuch as a commercial transaction
or a short sale or a propertythat is going or has gone or
(16:55:05):
will go through probate andattorneys expertise it can be
invaluable. Number four disputeresolution. Should any disputes
arise between the parties duringtheir transaction an attorney is
better equipped to handle thesedisagreements, whether through
negotiation or some other legalpursuit. Title issues. We all
(16:55:30):
hope that no title issues comeup, and especially title
companies. title companiessearch for Title defects. But
real estate attorneys can helpaddress and resolve most if not
all title issues that arise,offering solutions or
negotiating on your behalf.
Number six, estate and taxplanning for individuals
(16:55:53):
concerned about estateimplications or potential tax
consequences of a real estatetransaction. Attorneys with the
assistance of your taxprofessional can provide
guidance tailored to your uniquesituation. Number seven
regulatory compliance anattorney can ensure that your
transaction and here's to allyour local state and federal
(16:56:15):
regulations especially if you'redealing with unique properties
or land Use issues. Numbereight, representation at
closing, have an attorneypresent during the closing and
ensures someone's there toadvocate for your interests and
address any last minute concernsor questions. So most of those
concerns and questions come atthe beginning and at the end,
(16:56:38):
and some in between. Numbernine, potential conflicts of
interests. title companies mighthave affiliations with real
estate agents or brokers. Anindependent attorney represents
only your interests. Number 10.
(16:56:59):
This might be the most importantfor some, especially those Do It
Yourself types. Knowing you havepeace of mind knowing you you
have a legal professional onyour side to navigate the
intricacies of real estate law,it can provide peace of mind
throughout the transaction. Soit's important to note that the
(16:57:24):
choice between a real estateattorney and a title company may
sometimes just depend on thespecifics of the transaction or
the region. For instance, somestates require an attorney for
real estate closings like NewYork, and New Jersey, Florida is
a joint state. So you have titlecompanies and real estate
(16:57:44):
attorneys. So though an attorneyis not provided, there may be an
individual preference, dependingon the nature of the
transaction, and usually thecost is comparable. So it to me
it's a no brainer. It just alot. A lot of times the decision
is driven by the sales associatethat's writing up the contract.
(16:58:05):
So you need to be equipped. Bothyou and the agents need to be
equipped on the the top 10reasons why a real estate
attorney would be preferred. Butthose those reasons above these
reasons that I provided you theyhighlight the advantages of
having an attorney's expertisein the mix.
Unknown (16:58:24):
Yeah, yeah, well, you know, it brings back memories.
Because if you remember, duringthat transition, we looked at
purchasing and building a newhome, we had already, I guess
what we in the process ofsettling on the land that we
were selling what was left fromour Fort Myers Beach home. And
(16:58:45):
the it was it, it was a one ofthe big developers and they had
somewhat insisted on a certaintitle company, I guess that they
either owned or had arelationship with. And I shared
that with you and you sharedWell, now, you know that that
does not have to be you canbring on whichever, you know,
(16:59:06):
title company or legalrepresentative representation
that you want it. So again, ifwe didn't have that
relationship, I wouldn't justassume well, I guess that's who
is going to be doing the title,which, to your point earlier,
you know, that relationshipmaybe doesn't serve me and my
interest, because of the amountof business are probably getting
(16:59:26):
from that development company.
That is mostly if not alwayscorrect. And you won't be able
to determine there's a bias inthat represent or representation
from the builder, or in thedevelopment, or even your own
agent. So it's good to be armedwith this information in
(16:59:49):
advance. So you can refutesomebody's insistence or
expression of the preference orin some cases, requirement,
right. So the way it'scommunicated a lot of times by
an agent representing aparticular builder, or the
exclusive person for aparticular neighborhood, is this
is who you have to use for thisis who you should use. This is
(17:00:14):
who we normally use. But what'soften overlooked is whether that
particular company, and I won'tsay any names here, it's often a
large national based titlecompany, but not always, but
that that company is biased,whether they like it or not,
(17:00:35):
because they're gonna get adozen or more transactions in
the future from that sameclient. So there's nothing wrong
with with using that. But justknow that there's a choice.
Yeah, and sometimes that's morethan half the battle is knowing.
Good, so I go ahead.
Charlie McDermott (17:00:54):
No, I've seen great, great point. Yeah.
Unknown (17:00:57):
So I just have a call to action for anyone that's
listening right now. Don'tsettle for transactional
interactions. Invest in alasting partnership with a real
estate attorney. Chances areyou're going to buy and or sell
more than one property in yourlifetime. begin that journey
with a real estate attorneytoday. lay the foundation for a
(17:01:20):
brighter legally secure,property future and your next
transaction? Even if it's notyour first, it's just the
beginning.
Yeah, yeah. And just that theadd to that, and I know, closing
this, but it just, again, itbrings back memories of last
year, because you helped us withthe selling. And that
(17:01:44):
relationship parlayed into thebuying of our new home. But then
in between there with thatdeveloper, you know, I was able
to share before I signed anyagreements that ended up falling
through with you and, and youwere able to, again, advise me
on the title situation. And so,you know, versus I guess the
(17:02:08):
typical transit transactions,Matt is is if had you not been
there, I would have been dealingwith a separate title company to
sell my property here in FortMyers Beach. And then a another
separate title company, norelationship. I'm just the
number to purchase my propertyin Deerfield, Beach, Florida.
(17:02:29):
So, yeah, good. Good.
I'm so glad you pointed thatgeographic differences because
that often does happen. Andthere's a misconception that you
have to use someone who's local.
Well, in the age that we livein, you can be local and
hundreds of miles away, becausea lot of times you're not even
going into anyone's office.
(17:02:52):
Which speaks to you work withbuyers and sellers all over the
state of Florida, correct?
Yes. Almost two dozen counties,we've done business in on
multiple occasions.
Charlie McDermott (17:03:06):
Good, good stuff. All right. Well,
Unknown (17:03:09):
stay tuned, stay tuned for a little elaboration we're
gonna we're gonna for the forthe people that have short
attention spans, we're going tokeep these episodes of
elaborating on each of the 10reasons. Shorter, we're going to
roll them out in a much shorterperiod so you can gather more
and then you'll be able toaccess the complete list on our
(17:03:31):
website and through the podcastchannels once the series is
complete. So stay tuned and stayin touch.
Thanks for listening to Goodwinlaw unplugged. To learn more
about Goodwin law and to utilizeour services, visit Goodwin a
state law.com or call239-207-3403 of Lamos Espanyol,
(17:03:54):
to submit questions or be aguest on a future episode.
message us on our website or onsocial media by searching for
Goodwin law pa in Naples,Florida. This has been Goodwin
law unplugged. Thanks again forjoining us
Welcome to Goodwin law unplugged Florida real estate
and more. This podcast featurescandid insight for real estate
industry professionals from allsectors. Your host attorney
Matthew Goodwin, a nativeFloridian and experienced real
estate attorney will provide hispersonal insight on legal
matters and feature otherprofessionals offering their
(16:51:44):
candid advice. Whether you're afirst time homebuyer, seasoned
investor or experienced realestate agent, there is something
for everyone. Thanks for joiningus on Goodwin law unplugged.
Charlie McDermott (16:51:57):
Welcome back, listeners, viewers, Charlie
McDermott, co host producer ofthe show here with Matt Goodwin,
Matt, how you doing?
Matthew Goodwin (16:52:04):
I'm good.
Thanks. How are you, Charlie?
Unknown (16:52:06):
I'm doing terrific. And I personally, I think this
podcast episode should have beenrecorded months ago. But
fortunately, because you're aclient of mine, and I'm a client
of yours. This is greatinformation for everyone else.
And as you will know, and foryour listeners, Matt helped me
(16:52:26):
not only buy but also sell twoproperties. And I wasn't aware
of that until we got to talkingwith our you know, just our
friendly conversations over theyears that you provide those
services. And so it was kind ofcool one stop shopping. I got
your legal mind working on mydeal, because it was It wasn't
(16:52:47):
me it wasn't that complex, butit was a weird one and involved,
you know, damage with thehurricane, hurricane. What was
that? You know, all these Ihurricanes, Irma, Ian, and
whatever the heck just flew byus. Yeah. I still know how to
pronounce that one. But, youknow, in our case, it was
Hurricane Ian. And so you wereable to really just take the
(16:53:09):
full transit or transaction. Onthe title side, we had enough
going on to being displaced. Imean, our life was turned upside
down. And, you know, one of thebright spots was knowing that
you guys were there and wedidn't even have to think about
it. So today's topic is really,I think, a good one to enlighten
(16:53:31):
the public. So they don't haveto go through what we went
through. Hopefully no one has togo through the hurricane mask,
but on the title sign. Soturning it over to you. What do
you have in store for today,man?
Matthew Goodwin (16:53:41):
Well, today I'm going to introduce the top 10
reasons to hire a real estateattorney, rather than a title
company for your nexttransaction. Good to distinguish
the two. So both of themelaborate on each one. on future
episodes, I'm gonna give youjust a cursory overview for now.
(16:54:01):
So both real estate attorneys,and title companies play
significant roles in real estatetransactions, but they serve
different purposes and havedifferent areas of expertise.
These are the top 10 reasons whysomeone might consider hiring a
real estate attorney or a titlecompany for their next
transaction. Number one expertlegal advice. Real Estate
(16:54:23):
Attorneys can providecomprehensive legal advice
ensuring that your rights areprotected and that you're making
decisions that are in your bestinterests. Number two, contract
review and drafting while thetitle company ensures clear
title, attorneys can review,modify and draft contracts to
(16:54:43):
tailor them to a specificclient's needs, ensuring that
the terms are favorable andlegally sound again for them.
Number three complextransactions and more
complicated real estate dealssuch as a commercial transaction
or a short sale or a propertythat is going or has gone or
(16:55:05):
will go through probate andattorneys expertise it can be
invaluable. Number four disputeresolution. Should any disputes
arise between the parties duringtheir transaction an attorney is
better equipped to handle thesedisagreements, whether through
negotiation or some other legalpursuit. Title issues. We all
(16:55:30):
hope that no title issues comeup, and especially title
companies. title companiessearch for Title defects. But
real estate attorneys can helpaddress and resolve most if not
all title issues that arise,offering solutions or
negotiating on your behalf.
Number six, estate and taxplanning for individuals
(16:55:53):
concerned about estateimplications or potential tax
consequences of a real estatetransaction. Attorneys with the
assistance of your taxprofessional can provide
guidance tailored to your uniquesituation. Number seven
regulatory compliance anattorney can ensure that your
transaction and here's to allyour local state and federal
(16:56:15):
regulations especially if you'redealing with unique properties
or land Use issues. Numbereight, representation at
closing, have an attorneypresent during the closing and
ensures someone's there toadvocate for your interests and
address any last minute concernsor questions. So most of those
concerns and questions come atthe beginning and at the end,
(16:56:38):
and some in between. Numbernine, potential conflicts of
interests. title companies mighthave affiliations with real
estate agents or brokers. Anindependent attorney represents
only your interests. Number 10.
(16:56:59):
This might be the most importantfor some, especially those Do It
Yourself types. Knowing you havepeace of mind knowing you you
have a legal professional onyour side to navigate the
intricacies of real estate law,it can provide peace of mind
throughout the transaction. Soit's important to note that the
(16:57:24):
choice between a real estateattorney and a title company may
sometimes just depend on thespecifics of the transaction or
the region. For instance, somestates require an attorney for
real estate closings like NewYork, and New Jersey, Florida is
a joint state. So you have titlecompanies and real estate
(16:57:44):
attorneys. So though an attorneyis not provided, there may be an
individual preference, dependingon the nature of the
transaction, and usually thecost is comparable. So it to me
it's a no brainer. It just alot. A lot of times the decision
is driven by the sales associatethat's writing up the contract.
(16:58:05):
So you need to be equipped. Bothyou and the agents need to be
equipped on the the top 10reasons why a real estate
attorney would be preferred. Butthose those reasons above these
reasons that I provided you theyhighlight the advantages of
having an attorney's expertisein the mix.
Unknown (16:58:24):
Yeah, yeah, well, you know, it brings back memories.
Because if you remember, duringthat transition, we looked at
purchasing and building a newhome, we had already, I guess
what we in the process ofsettling on the land that we
were selling what was left fromour Fort Myers Beach home. And
(16:58:45):
the it was it, it was a one ofthe big developers and they had
somewhat insisted on a certaintitle company, I guess that they
either owned or had arelationship with. And I shared
that with you and you sharedWell, now, you know that that
does not have to be you canbring on whichever, you know,
(16:59:06):
title company or legalrepresentative representation
that you want it. So again, ifwe didn't have that
relationship, I wouldn't justassume well, I guess that's who
is going to be doing the title,which, to your point earlier,
you know, that relationshipmaybe doesn't serve me and my
interest, because of the amountof business are probably getting
(16:59:26):
from that development company.
That is mostly if not alwayscorrect. And you won't be able
to determine there's a bias inthat represent or representation
from the builder, or in thedevelopment, or even your own
agent. So it's good to be armedwith this information in
(16:59:49):
advance. So you can refutesomebody's insistence or
expression of the preference orin some cases, requirement,
right. So the way it'scommunicated a lot of times by
an agent representing aparticular builder, or the
exclusive person for aparticular neighborhood, is this
is who you have to use for thisis who you should use. This is
(17:00:14):
who we normally use. But what'soften overlooked is whether that
particular company, and I won'tsay any names here, it's often a
large national based titlecompany, but not always, but
that that company is biased,whether they like it or not,
(17:00:35):
because they're gonna get adozen or more transactions in
the future from that sameclient. So there's nothing wrong
with with using that. But justknow that there's a choice.
Yeah, and sometimes that's morethan half the battle is knowing.
Good, so I go ahead.
Charlie McDermott (17:00:54):
No, I've seen great, great point. Yeah.
Unknown (17:00:57):
So I just have a call to action for anyone that's
listening right now. Don'tsettle for transactional
interactions. Invest in alasting partnership with a real
estate attorney. Chances areyou're going to buy and or sell
more than one property in yourlifetime. begin that journey
with a real estate attorneytoday. lay the foundation for a
(17:01:20):
brighter legally secure,property future and your next
transaction? Even if it's notyour first, it's just the
beginning.
Yeah, yeah. And just that theadd to that, and I know, closing
this, but it just, again, itbrings back memories of last
year, because you helped us withthe selling. And that
(17:01:44):
relationship parlayed into thebuying of our new home. But then
in between there with thatdeveloper, you know, I was able
to share before I signed anyagreements that ended up falling
through with you and, and youwere able to, again, advise me
on the title situation. And so,you know, versus I guess the
(17:02:08):
typical transit transactions,Matt is is if had you not been
there, I would have been dealingwith a separate title company to
sell my property here in FortMyers Beach. And then a another
separate title company, norelationship. I'm just the
number to purchase my propertyin Deerfield, Beach, Florida.
(17:02:29):
So, yeah, good. Good.
I'm so glad you pointed thatgeographic differences because
that often does happen. Andthere's a misconception that you
have to use someone who's local.
Well, in the age that we livein, you can be local and
hundreds of miles away, becausea lot of times you're not even
going into anyone's office.
(17:02:52):
Which speaks to you work withbuyers and sellers all over the
state of Florida, correct?
Yes. Almost two dozen counties,we've done business in on
multiple occasions.
Charlie McDermott (17:03:06):
Good, good stuff. All right. Well,
Unknown (17:03:09):
stay tuned, stay tuned for a little elaboration we're
gonna we're gonna for the forthe people that have short
attention spans, we're going tokeep these episodes of
elaborating on each of the 10reasons. Shorter, we're going to
roll them out in a much shorterperiod so you can gather more
and then you'll be able toaccess the complete list on our
(17:03:31):
website and through the podcastchannels once the series is
complete. So stay tuned and stayin touch.
Thanks for listening to Goodwinlaw unplugged. To learn more
about Goodwin law and to utilizeour services, visit Goodwin a
state law.com or call239-207-3403 of Lamos Espanyol,
(17:03:54):
to submit questions or be aguest on a future episode.
message us on our website or onsocial media by searching for
Goodwin law pa in Naples,Florida. This has been Goodwin
law unplugged. Thanks again forjoining us
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