Frequently Asked Questions
General Real Estate Legal Services
Q: What real estate legal services does Goldman, Monaghan, Thakkar & Bettin, P.A. provide?
Goldman, Monaghan, Thakkar & Bettin, P.A. provides comprehensive real estate legal services in Brevard County and throughout Florida. Our attorneys represent buyers, sellers, investors, lenders, landlords, developers, and businesses in both residential and commercial property matters.
Our services include:
- Residential and commercial real estate transactions
- Real estate contract drafting and negotiation
- Title examination and title issue resolution
- Title insurance coordination with multiple national underwriters
- Real estate closings and settlement services
- Zoning and land use matters
- Real estate development and financing
- Landlord-tenant disputes
- Real estate litigation
- 1031 exchanges and investment property transactions
From contract to closing, our attorneys work to protect your interests and ensure your transaction proceeds smoothly.
Q: Do you handle both residential and commercial real estate matters?
Yes. Our attorneys handle both residential and commercial real estate transactions across Brevard County and Florida.
We assist:
- Homebuyers and sellers
- Real estate investors
- Developers and builders
- Commercial landlords and tenants
- Businesses purchasing or leasing property
Each type of transaction presents different legal and financial considerations, and we tailor our legal guidance to the specific needs of every client.
Q: Can you represent me if I am involved in a real estate dispute?
Yes. Our attorneys represent clients in real estate disputes and litigation throughout Florida courts.
We handle disputes involving:
- Boundary disputes
- Easement conflicts
- Breach of real estate contracts
- Title disputes
- Construction defects
- Landlord-tenant conflicts
- Partition actions between co-owners
Whenever possible, we pursue efficient solutions through negotiation, mediation, or arbitration, while remaining fully prepared to advocate for our clients in court when necessary.
Q: Does your firm provide title services and title insurance?
Yes. Goldman, Monaghan, Thakkar & Bettin provides comprehensive title services as part of our real estate practice.
Our firm works with multiple nationally recognized title insurance underwriters, allowing us to facilitate secure real estate closings while ensuring clear title and proper transfer of ownership.
Our title services include:
- Title searches and title examination
- Resolving title defects and liens
- Coordinating title insurance policies
- Preparing settlement statements
- Managing the closing process
- Ensuring compliance with Florida real estate laws
By combining legal representation and title services, our attorneys help clients minimize risk and ensure that property ownership is transferred properly and securely.
Buying & Selling Property
Q: Do I need an attorney to buy or sell real estate?
Florida law does not require an attorney for every real estate transaction, but working with an experienced Florida real estate attorney can significantly reduce legal and financial risk.
A real estate attorney protects your interests by:
- Reviewing and negotiating purchase agreements
- Identifying title defects and liens
- Coordinating with lenders and title companies
- Ensuring closing documents comply with Florida law
- Resolving issues before they delay closing
For buyers and sellers in Brevard County (including Cocoa, Palm Bay, Melbourne, and surrounding areas) legal guidance can provide peace of mind throughout the closing process.
Q: What does the firm do during a real estate purchase transaction?
During a real estate purchase, our attorneys assist clients from contract through closing. Typical services include:
- Reviewing and negotiating the purchase contract
- Conducting due diligence and reviewing title reports
- Reviewing surveys and property disclosures
- Coordinating with lenders and title insurance underwriters
- Resolving title issues or liens
- Preparing or reviewing closing documents
- Overseeing the closing and transfer of funds
Our goal is to ensure that your purchase is legally sound and that you receive clear and marketable title to your property.
Q: What is a title search, and why does it matter?
A title search is a detailed review of public records to confirm the legal ownership of a property and identify any claims against it.
This process helps uncover:
- Liens or unpaid debts
- Judgments or encumbrances
- Easements affecting the property
- Ownership disputes
- Errors in the public records
A clear title ensures the seller has the legal right to transfer ownership and protects buyers from future ownership disputes.
Q: What is title insurance, and do I need it?
Title insurance protects property owners and lenders against financial losses caused by hidden title defects.
These issues may include:
- Forged documents
- Incorrect legal descriptions
- Undisclosed heirs
- Recording errors
- Unknown liens
- Judgments
Lenders and buyers need title insurance coverage. Our firm works with multiple leading title insurance underwriters to help ensure proper coverage at closing. We can help you understand your coverage options and ensure your policy is in order at closing.
Q: What happens if a problem is discovered with the title before closing?
Title defects are not uncommon in real estate transactions. Common issues include:
- Outstanding liens
- Judgments against prior owners
- Missing documents in the chain of title
- Boundary or survey conflicts
Our attorneys work to resolve title issues before closing, which may involve negotiating lien releases, correcting public records, or pursuing legal action such as a quiet title proceeding.
Q: Can you help me review or negotiate my purchase contract?
Yes, and we strongly recommend that you have any real estate contract reviewed by an attorney before signing. Purchase agreements can be lengthy and contain terms that significantly affect your rights, including inspection and financing contingencies, closing deadlines, and remedies for default. Our attorneys will explain every provision in plain language and negotiate on your behalf to secure the most favorable terms possible.
Q: How long does a real estate closing take in Florida?
Most residential real estate closings in Florida take between 30–45 days, depending on financing, title issues, inspections, and negotiations between the parties. Having an experienced real estate attorney can help identify and resolve issues early to prevent delays.
Q: What is a 1031 exchange and can you assist with one?
A 1031 exchange (named after Section 1031 of the Internal Revenue Code) allows real estate investors to defer capital gains taxes by reinvesting some or all of the proceeds from the sale of one investment property into a like-kind replacement property. The rules governing 1031 exchanges are strict and time-sensitive. Our attorneys work with qualified intermediaries and tax advisors to help clients structure compliant exchanges and shelter their investment gains from taxation.
Q: What should I look for when choosing a real estate attorney in Brevard County?
When selecting a real estate attorney, consider:
- Experience with Florida real estate law
- Knowledge of local markets and regulations
- Ability to handle title services and closings
- Strong communication and responsiveness
An attorney familiar with Brevard County transactions can provide valuable local insight.
Q. What is the difference between a title company and a real estate attorney in Florida?
A title company typically focuses on performing title searches, issuing title insurance policies, and coordinating the logistics of a real estate closing. A real estate attorney, however, can provide legal advice, review and negotiate contracts, resolve complex title issues, represent clients in disputes, and ensure the transaction complies with Florida law.
Many clients prefer working with a law firm that offers both legal guidance and title services. At Goldman, Monaghan, Thakkar & Bettin, P.A., our attorneys provide legal representation while also coordinating title services through multiple leading title insurance underwriters, helping ensure each transaction is handled thoroughly and efficiently.
Commercial Real Estate
Q: What commercial real estate services does the firm offer?
Our commercial real estate attorneys represent lender representation (banks, credit unions, and private lenders), developers, investors, landlords, and businesses in a wide range of transactions, including:
- Commercial property purchases and sales
- Commercial leasing agreements
- Development projects
- Joint venture agreements
- Construction contracts
- Real estate financing transactions
- Sale-leaseback transactions
We also assist with due diligence, regulatory compliance, and risk management.
Q: Can you assist with commercial lease negotiations?
Yes. Commercial leases often involve complex provisions that can significantly impact both landlords and tenants.
Our attorneys assist with:
- Drafting and negotiating lease agreements
- Rent escalation provisions
- Tenant improvement allowances
- Assignment and subleasing rights
- Exclusivity clauses
- Termination provisions
Proper legal review helps protect both parties from long-term financial risks.
Q: Do you handle real estate development matters?
Yes. We advise developers throughout the project lifecycle, from site acquisition and financing through entitlements, permitting, construction contracting, and ultimate sale or leasing of the finished project. Our team is familiar with the regulatory landscape and can help navigate zoning approvals, environmental review, subdivision requirements, and development agreements with municipal authorities.
Landlord & Tenant Matters
Q: Do you represent landlords, tenants, or both?
Our firm primarily represents landlords in residential and commercial disputes. We assist with:
- Lease drafting and enforcement
- Eviction proceedings
- Security deposit disputes
- Lease termination matters
- Property damage claims
We will represent tenants in cases where the landlord engaged in improper “self-help” remedies like pad locking the door or stopping utility services.
Q: Can you help with an eviction proceeding?
Yes. Eviction proceedings must follow strict legal procedures in Florida. Our attorneys guide landlords through:
- Proper notice requirements
- Filing eviction actions
- Court hearings
- Recovering possession of property
Zoning, Land Use & Development
Q: Can the firm assist with zoning and land use issues?
Yes. Our attorneys assist property owners and developers with zoning and land use issues throughout Brevard County.
Services include:
- Zoning compliance
- Variance applications
- Conditional use permits
- Rezoning requests
- Land development approvals
- Appeals of zoning decisions
Q: What is an easement, and how can your firm help if there is an easement dispute?
An easement is a legal right to use another person’s land for a specific purpose — such as a utility easement, a right of way, or an access easement. Easement disputes can arise over the scope, location, or validity of these rights. Our attorneys handle easement negotiations, drafting, and litigation, including actions to establish, modify, or extinguish easements.
Out-of-State Clients
Q: Can your firm represent out-of-state Lenders?
Yes. Our attorneys frequently represent out-of-state lenders financing residential and commercial real estate in Florida. Florida’s lending, title insurance, and closing requirements are unique, and lenders unfamiliar with these laws risk delays, compliance issues, or inadequate protection of their security interests. We provide comprehensive legal support, including drafting and review of loan documents, coordination with title insurance underwriters, closing oversight, and enforcement of lender rights, helping lenders complete transactions efficiently and with reduced legal exposure throughout Brevard County and across Florida.
Q: Can your firm represent out of state Buyers and Sellers?
Yes. Our firm represents out-of-state and international clients purchasing or selling property in Florida. We handle the transaction from contract through closing, including legal guidance, title coordination with multiple title insurance underwriters, document preparation, and remote closing arrangements when necessary. This allows buyers and sellers who are not physically present in Florida to complete their real estate transactions efficiently while protecting their legal and financial interests throughout Brevard County and statewide. We strive to achieve a smooth and uneventful closing.
Getting Started
Q: When should I contact a real estate attorney?
The earlier, the better. Ideally, you should consult a real estate attorney before signing any contract, making any significant financial commitment, or responding to a legal demand.
Early involvement allows our attorneys to identify potential issues before they become costly problems and ensures your interests are protected from the outset.
Q: How do I schedule a consultation about a real estate matter?
You can reach our office by phone, email, or through our website to schedule a consultation with one of our real estate attorneys. We will discuss your matter, explain your legal options, and outline how we can assist you. We look forward to hearing from you.