Real Estate & Acquisitions

At McCarthy, Summers, Bobko, Wood, Sawyer & Perry, P.A, a large percentage of our practice is devoted to addressing the complex area of real estate law. Three of our attorneys, Terrence P. McCarthy, Robert P. Summers, and Thomas R. Sawyer have Florida Bar State Certification as Real Estate Law specialists.

Working with clients in both residential and commercial real estate, we provide assistance in real estate transactions to facilitate acquisitions of town houses, condominiums, residential homes, estates, office buildings, shopping centers, apartment complexes, retail outlets, industrial sites, as well as real estate utilized by the hospitality industry, to name a few.

Our assistance extends to clients engaged in both the sale and purchase of real estate. Lawyers at McCarthy, Summers, Bobko, Wood, Sawyer & Perry, P.A, carefully check for errors in real estate documents and calculations as we strive to guard against costly mistakes that may predispose clients to future litigation and unnecessary expense. We review mortgages, notes, financing statements, affidavits, disclosure statements, and other legal documents, explaining the legalities and advising clients as to whether they should sign.

Title Insurance

We review surveys and conduct thorough title searches and examinations to discover if there are law, probate issues, encroachment, easement matters, adverse possession, or other encumbrances resulting in title defects. We are prepared to take effective action to clear title to property, such as initiating quiet title actions or an action to remove cloud on title.
Our law firm is also an approved agent authorized to write title insurance through any of the following companies:

  • Attorneys' Title Insurance Fund
  • Chicago Title Insurance Company
  • Commonwealth Land Title Insurance Company 
  • Fidelity National Title Insurance Company

Purchases and Sales

In purchases and sales involving apartment buildings or other leased real estate we thoroughly examine all leases and tenancies to arrive at accurate assignment of property values.

All real estate matters are reviewed against current real estate statutes to ensure that documents and transactions are in order. For buyers and sellers, including sale by owner transactions, our attorneys review, negotiate and draft:

  • Offer to purchase agreements
  • Sales contracts
  • Acceptance to buy agreements

McCarthy, Summers, Bobko, Wood, Sawyer & Perry, P.A, maintains close ties with commercial lenders and often assists individual clients, businesses, and developers in negotiating their loan with a bank or mortgage company, whether financing a mortgage, refinancing, or setting up a reverse mortgage. Our attorneys work with clients to protect their interests and identify beneficial lending mechanisms and financial structures for their real estate investments.

We also offer legal services in real estate closing, which include the preparation, review and explanation of loan, mortgage and other financing documents as well as the preparation and explanation of all documents necessary to properly transfer the title from seller to buyer.

Real Estate Litigation

While we do everything within our power to guard against the need for real estate litigation, at times litigation may be inevitable. Through mediation, arbitration or traditional courtroom litigation, the real estate areas in which our attorneys represent clients include, but are not limited to:

  • Foreclosures
  • Landlord-tenant disputes
  • Disputes regarding commercial and residential leases
  • Right of way and easement disputes
  • Boundary disputes
  • Property disputes
  • law and encumbrance disputes
  • Contract and construction disputes

Our firm works with commercial lenders in real estate matters, and some of our representative clients include: First National Bank and Trust Company of the Treasure Coast, Merrill Lynch Trust Company, Harbor Federal Savings Bank, Wilmington Trust, FSB; The Huntington National Bank, N.A.; and First Peoples Bank. We strive not only to meet legal requirements, but also to protect lender as well as borrower interests.

For assistance in Real Estate and Acquisitions, please contact our office to arrange for a consultation with one of our real estate attorneys.

For more information relating to real estate, also see our Development & Zoning and Construction sections.