Real Estate

Real Estate Law in Pembroke Pines, Florida

Andrew Cargill handles residential real estate matters, evictions, landlord-tenant disputes, and deed preparation for clients in Pembroke Pines and across South Florida. Solo practice since 2006.

What Andrew Handles

Residential Buy-Sell Transactions

Andrew represents buyers and sellers in residential real estate transactions in Florida. This includes contract review before signing, negotiation of contract terms, review of the closing documents, and representation at closing. Many residential transactions in Florida are handled without an attorney — but having one review the contract before you sign, and the closing documents before funds change hands, can flag issues that title companies and real estate agents are not in a position to address.

Evictions

Andrew represents landlords in Florida residential and commercial eviction matters. A Florida eviction for non-payment of rent typically takes three to five weeks from notice through writ of possession when the tenant does not contest. Contested evictions take longer. Andrew handles the statutory notice, the filing, the hearing, and any post-judgment work needed to recover possession.

Landlord-Tenant Matters

Beyond evictions, the firm handles other landlord-tenant disputes — lease disputes, security deposit disputes, and similar matters under Florida’s landlord-tenant statutes.

Deed Preparation and Recording

Andrew prepares and records deeds for clients — warranty deeds for arm’s-length transfers, quitclaim deeds for intra-family transfers, transfers between spouses in connection with divorce, transfers into a trust, and similar deed work. The legal mechanics of a deed are straightforward; the tax and estate planning implications are not. For matters that involve estate planning, Andrew recommends working with a tax or estate planning attorney for the planning piece if it has not already been done.

What the Firm Does Not Handle

To set expectations clearly: the firm does not act as a title insurance agent and does not issue title insurance or title commitments. Title insurance is handled by licensed title insurance agents and title companies. When a real estate transaction requires title insurance, Andrew coordinates with a title company as needed, but does not provide title agent services through the firm.

The firm also does not handle commercial real estate development, complex commercial real estate transactions, or foreclosure defense.

What the Process Looks Like

For a residential transaction, the process typically follows these phases:

  • Contract review. Before signing, Andrew reviews the contract terms — financing contingencies, inspection contingencies, closing date, and the obligations of each party.
  • Inspection and contingency period. Andrew advises on issues that come up during the inspection and contingency period.
  • Pre-closing review. Andrew reviews the closing disclosure and other closing documents before signing.
  • Closing. Closing typically happens at the title company’s office. Andrew can attend or review documents remotely depending on the matter.
  • Post-closing. If post-closing issues arise — escrow disputes, undisclosed defects, or other follow-up — Andrew handles those when the matter falls within the firm’s practice areas.

For an eviction, the process is different — statutory notice, filing, hearing, judgment, writ of possession. Andrew explains the timeline and the cost at the consultation.

Factors That Affect Cost

Real estate fees depend on the type of matter:

  • Residential closings and deed preparation are typically handled on a flat fee.
  • Evictions are typically flat fee, with additional costs if the matter becomes contested.
  • Landlord-tenant disputes that go beyond a standard eviction are typically hourly.

The fee structure for your specific matter is discussed at the consultation and included in the written retainer agreement before any work begins.

Frequently Asked Questions

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

Florida does not require an attorney to handle a residential real estate transaction — title companies and licensed real estate agents handle many closings. That said, an attorney’s review of the contract before signing, and review of the closing documents before funds change hands, can flag issues that title companies and agents are not in a position to address. The cost of attorney review is typically small relative to the transaction.

What’s the difference between a warranty deed and a quitclaim deed?

A warranty deed makes specific warranties about the title — the grantor warrants that they own the property and have the right to convey it, and that the title is free from undisclosed encumbrances. A quitclaim deed conveys whatever interest the grantor has, without warranties. Warranty deeds are typical in arm’s-length sales. Quitclaim deeds are typical in intra-family transfers, divorces, and similar non-arm’s-length situations.

How long does the eviction process take in Florida?

A Florida residential eviction for non-payment of rent typically takes three to five weeks from notice through writ of possession if the tenant does not contest. Contested evictions take longer — sometimes several months. Commercial evictions can take longer. The exact timeline depends on the county, the court’s calendar, and whether the tenant raises defenses.

Can a tenant be evicted for any reason?

No. Florida law requires a legally valid ground — non-payment of rent, lease violation, end of tenancy at the end of a fixed term, and so on. The landlord must follow the statutory notice requirements before filing the eviction action. Self-help evictions (changing locks, removing belongings, turning off utilities) are prohibited and create exposure for the landlord.

What is title insurance and do I need it?

Title insurance protects the buyer and the buyer’s lender against losses arising from title problems that exist at the time of closing but are not discovered until later — undiscovered liens, errors in the public records, unresolved prior conveyances. In Florida, owner’s title insurance is typically paid for by the seller in residential transactions. Lender’s title insurance is required by most lenders. Title insurance is a one-time premium, not an ongoing cost.

What happens if there’s a title issue at closing?

It depends on the nature of the issue. Some title issues can be cured at closing through a payoff, a release, or a clarifying document. Others require time — sometimes weeks or months. Andrew’s role when a title issue surfaces is to explain the issue, identify the realistic options for resolving it, and coordinate with the title company and any necessary third parties to move the closing forward.

Can a homeowner transfer property to a family member through a deed?

Yes. Intra-family transfers are common — gifts to children, transfers between spouses in connection with divorce, transfers into family limited partnerships, transfers to a trust for estate planning. The legal mechanics are straightforward; the tax and estate planning implications are not. Andrew handles the deed work and recommends working with a tax or estate planning attorney for the planning piece if it has not already been done.

Schedule a Consultation

Whether you’re buying, selling, dealing with a tenant issue, or need a deed prepared, Andrew offers initial consultations to discuss your situation and the legal options available.

The information on this page is for general informational purposes and does not constitute legal advice or create an attorney-client relationship.