Experienced Trial Attorney for Real Estate, Business Transactions, Civil Trial and Appellate Litigation in State and Federal Courts -- Based in Lighthouse Point, Florida
At David D. Welch Law Offices, we are focused on providing professional and timely legal services to our clients. Allow us to call upon our 36+ years of experience to assist you in overcoming the challenges presented by today's complex and ever changing legal system. To schedule an appointment with David Welch, call us at 954-943-2020, or contact us via the Contact page of this site.
Real Estate Transactions and Litigation
Let our experience in Florida real estate law protect your interests
In buying or selling real estate, timely advice from an experienced real estate attorney is your best protection against making expensive mistakes. While Realtors, mortgage brokers, property inspectors, land surveyors and other specialists are all important to the process, only a Florida real estate attorney is qualified to give you legal advice. At David D. Welch Law Offices, we have been representing buyers and sellers of real estate for over 36 years. Do yourself a favor by seeing us before you sign a purchase contract, or a lease, so that we can assist you in making sure that your real estate transaction goes as smoothly as possible and that potential problems are solved before closing.
Details, Details
We can answer a lot of important questions, including some very significant ones that you may or may not know to ask:
- What are my income tax and estate tax consequences?
- What do I need to know about Florida property taxes, zoning or special assessments?
- How will I handle probate issues?
- How can I simplify a future sale?
- Is the property's recorded legal description accurate?
- Will I be able to use the property as I wish?
- Will the title to the property be marketable if I decide to sell or refinance later?
Getting the Job Done
Having David D. Welch Law Offices on your side can help make sure your interests are faithfully upheld. And the earlier in the process you involve us (e.g., pre-contract signing), the more value you gain. One of the greatest benefits of using an experienced Florida real estate attorney is that he or she has an ethical obligation under the Rules of Professional Responsibility of The Florida Bar to work on behalf of your best interest. Title Company agents who are typically not lawyers owe no such duty to their customers. David D. Welch and his staff, including Linda Brooks, a Certified Paralegal with over 30 years of experience, are well-versed in Florida real estate law and will make sure the following procedures are completed in a timely, professional manner:
- Review the contract and ensure that all provisions and contingencies are in your best interest
- Inform you of your legal rights and obligations
- Obtain a title search, evaluate the status of the title and require appropriate legal remedies to clear any defects
- Advise you on what the title policy does not protect against, emphasizing marketability of the title
- Prepare or review the closing statement and other closing documents, and let you know about contingencies that affect your interests
- Interpret and counsel you about all legal documents related to the title and transaction, including deeds, mortgages and closing statements
- Advise you on how you should take the title to real estate, and how this affects your overall business and personal estate
- Check for unrecorded municipal liens, including sewer and special assessment liens
- Inform you about the income, estate, and gift tax consequences to your estate
The Fees (and Value) of a Florida Real Estate Attorney
As a buyer of real estate in Florida, you have a choice of who to include on your real estate team: You can either hire a non-lawyer title agency or a Florida real estate lawyer to handle your title insurance. You might think the attorney would cost more, but actually they both cost about the same. The benefit to letting an experienced real estate lawyer handle the title insurance is that he or she can also:
- Prepare the purchase contract
- Resolve any title or inspection issues
- Give you legal advice throughout the transaction
A title agency that isn't affiliated with a real estate lawyer cannot do any of those things.
Real Estate Litigation
Mr. Welch has successfully litigated several landmark cases involving real property issues that have established important judicial precedent and are frequently cited in court opinions, and by authoritative legal publications and law school course materials. See, for example, Florida Supreme Court cases of Palm Beach County vs. Cove Club Investors Ltd., http://www.law.fsu.edu/library/flsupct/90750/op-90750.pdf, and Bharat Patel v. Broward County, http://www.law.fsu.edu/library/flsupct/81416/op-81416.pdf.
Our experience in state and federal trial and appellate courts gives us the ability to confidently represent clients facing a variety of litigation issues, including real estate related litigation such as:
- Real Estate Contract or Lease Disputes
- Eminent Domain
- Building and Construction Project Disputes
- Governmental Approval Disputes
General Civil Litigation
When you or your business become involved in litigation, or when you are contemplating the commencement of a lawsuit or are concerned you may be sued, it is important to seek the advice of an experienced trial attorney with the necessary trial skills and appreciation of the practical ramifications on your business and personal life of every approach, alternative or strategy you may consider. With over 36 years of business and general civil litigation experience, including hundreds of jury and non-jury trials, David Welch has successfully represented individual and business clients in contract disputes, shareholder fights, partnership disputes, fiduciary litigation and business breakups. Mr. Welch has represented clients in connection with Federal and state laws protecting citizens from unfair and deceptive trade practices, debt collection practices, privacy rights, civil remedies for criminal acts, corporate and partnership statutes, employer/employee disputes, including non-compete agreements, and numerous other issues.
Class Actions
Mr. Welch recently served as Lead Class Counsel in a major class action lawsuit which included an 18 million member class of individuals. The case was successfully resolved in a settlement worth in excess of $44,000,000.00 and resulted in significant improvements in the protection of personal information of Florida licensed drivers and motor vehicle registrants maintained by the Department of Highway Safety and Motor Vehicles of the State of Florida. Mr. Welch has prosecuted and defended class action lawsuits involving a variety of issues over the past 35 years.
Contact Us for Help
With legal representation by our law firm, you can count on having personal access to your lawyer whenever you have a question or concern. No matter where your legal matter arises in South Florida, we can help you. Please contact us for an appointment in our conveniently located Lighthouse Point office by calling 954-943-2020, or contact by email by utilizing the "Contact" tab on this website.