You will want a real estate attorney to represent you in a private sale. The attorney can ethically only represent either the buyer or the seller, but not both the buyer and the seller. Depending upon the county where the property is located and which party the attorney is representing, the attorney can also be the title agent and prepare the contract for sale and purchase. In contrast to the percentage commission that a realtor charges, a real estate attorney charges a fee commensurate with the services offered to the client. Additionally, while a realtor is prohibited from representing anyone in the transaction, a real estate attorney represents the interests of the party who has retained the attorney and will close the transaction.
The foregoing is specific to the law and procedure in Florida. This response does not constitute legal advice as the facts presented are limited and unstated facts will likely impact your particular situation. This response is intended for general education only and does not create an attorney-client relationship. Please schedule a consultation with a local attorney for more specific and detailed answers to your legal issues.
Answered on Jan 26th, 2015 at 12:43 PM