St. Petersburg Real Estate and Probate Attorney
More Florida Real Estate Law FAQs
Can you provide more answers to Frequently Asked Questions?
Yes.
Experience and Expertise
How long have you been practicing real estate law?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin has been practicing real estate law for 51 years.
What types of real estate matters do you focus on?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin focuses on real estate involving probate estates as well as real estate involving environmental and other issues.
How do you handle title searches and resolving title defects?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin orders title searches from nationally-known title insurance agencies to determine the current ownership and encumbrances and assist in resolving title defects.
Can you help with drafting or reviewing leases and rental agreements?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin drafts, reviews and negotiates leases of commercial and industrial real estate in Florida.
How do you help clients identify and address potential legal risks in real estate deals?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin helps clients identify and address potential legal risks in real estate deals by analyzing contracts before they are signed and providing legal advice to clients regarding legal issues arising from proposed contracts.
What is your approach to negotiating contracts and resolving disputes?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin approaches contract negotiation in a careful and analytical way to try to avoid contract disputes. In addition to his law practice, he teaches Advanced Legal Writing: Contract Drafting as an Adjunct Professor of Law at Stetson University College of Law.
How do you assist clients in preparing for and managing closings?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin carefully reviews drafts of closing documents before they are signed and advises clients regarding concerns arising from those drafts.
How do you stay updated on changes in real estate law?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin stays updated on changes in real estate law by teaching contract drafting as an Adjunct Professor of Law at Stetson University College of Law, by reading updated statutes and case law, and by attending continuing legal education courses required to maintain expertise in Florida real estate law.
Fees & Communication
How do you charge for your services: hourly or flat fee?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin charges attorney's fees on an hourly basis, not a flat fee basis.
What is included in your legal fees, and are there any additional costs I should be aware of (e.g., filing fees, expert witnesses, court costs)?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin charges attorney's fees plus costs advanced such as filing fees, recording fees, expert witness fees, and court costs.
Do you offer free consultations or charge for the initial meeting?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin does not charge for the initial consultation.
Are retainers required?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin does not charge retainers, but does require payment of fees in advance, which are held in his IOTA trust account from which his invoices are paid. The amount required varies from case to case.
How will you keep me informed about the progress of my case or matter?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin keeps clients informed by emailing them copies of all correspondence and documents that are received and that are sent on their matters.
Who will be my main point of contact at your firm? Will I work directly with you or with a team?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin is the point of contact for his clients.
How quickly do you respond to emails, phone calls, or messages?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin responds quickly to emails and phone calls, which are preferred over text messages.
What's the best way to communicate with you: email, phone, client portal, or in-person meetings?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin primarily communicates with clients by email, but is available for phone calls and Zoom meetings as required from time to time.
Additional FAQs
Do I need a real estate lawyer if I already have a real estate agent?
A real estate lawyers is not a real estate agent, and a real estate agent is not a real estate attorney. The work of a real estate agent is to find a buyer ready, willing and able to purchase or lease the real estate. The work of a real estate lawyer is to provide legal advice to the client who is buying or selling real estate, which includes drafting, negotiating, and analyzing listing agreements, contracts for sale and purchase, lease agreements, and closing documents. St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin is a real estate lawyer and not a real estate agent.
What is the difference between a real estate attorney and a title company?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin is a real estate attorney and is not a title company or a title agent. The title insurance company insures title to real estate and charges a premium for title insurance. The title insurance company's agent arranges for title searches, issues title insurance commitments, and acts as closing agent.
Can you help with For Sale By Owner (FSBO) transactions?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin provides legal services to sellers who want to sell their own Florida real estate without engaging a real estate agent, which is often called For Sale by Owner or FSBO or FISBO.
What are the legal risks of buying property "as-is"?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin provides legal advice to buyers who are considering a contract for purchase of Florida real estate as-is. There are many risks, one of which is the possibility that there are latent defects which are not obvious. As a result of the recent hurricanes, many homes and other real estate in Florida were damaged by flood surges that could result in defects that are not apparent to the buyer and that are difficult for inspectors to discover.
How can I prevent or resolve boundary disputes or easement issues?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin engages registered Florida law surveyors to assist in resolving boundary disputes and easement issues.
What legal protections exist for buyers in new construction deals?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin provides legal advice to his clients who are buying new construction on Florida real estate to be sure that the contract for purchase includes extended warranties that go beyond the typical one-year home warranty.
Can you help with commercial property purchases or leases?
St. Petersburg Florida Board Certified Real Estate Lawyer James W. Martin provides legal advice to his clients who are selling, purchasing or leasing commercial and industrial real estate in Florida.