Most clients believe the real estate transaction ends when the keys are handed over and the funds are wired. That belief is wrong—and often expensive.
Closing transfers ownership, but it does not eliminate liability. Post-closing disputes are common in Florida real estate, and when they happen, they are almost always rooted in contracts that failed to anticipate conflict.
A real estate transaction lawyer doesn’t disappear after closing. At Hiller Law, P.A., post-closing protection is built into the transaction from the very beginning.
Why Post-Closing Disputes Are So Common
Real estate transactions involve representations, disclosures, deadlines, and obligations that often survive closing. Common triggers for post-closing disputes include:
- Undisclosed defects discovered after closing
- Boundary or survey disputes
- Title defects that surface after recording
- HOA violations or surprise assessments
- Breach of post-closing repair obligations
Without legal foresight, these issues frequently escalate into costly litigation.
Survival Clauses: Where Liability Lives or Dies
One of the most overlooked contract provisions is the survival clause. This clause determines:
- Which representations survive closing
- How long liability remains in effect
- What remedies are available
A real estate transaction lawyer limits survival periods and narrows exposure. Without these protections, sellers can face years of liability after the sale. Buyers benefit as well—because survival clauses preserve enforcement rights when sellers misrepresent property conditions.
Title Problems Don’t Always Appear Immediately
Title defects don’t always reveal themselves on day one. Problems such as improper prior transfers, unreleased liens, and easement disputes can surface months after closing.
A real estate transaction lawyer ensures:
- Title insurance coverage is properly issued
- Claims are handled efficiently
- Liability is shifted away from the client
Title insurance without legal guidance is incomplete protection—especially in complex commercial real estate transactions.
HOA and Condominium Disputes After Closing
South Florida is dominated by condominiums and HOA-governed communities, where post-closing disputes are common and often aggressive.
- Outstanding or undisclosed assessments
- Violation fines
- Use and occupancy restrictions
- Misrepresented HOA financials
A real estate transaction lawyer reviews HOA documentation before closing and protects clients from inheriting undisclosed obligations under condominium and HOA law.
Conclusion: Protection Doesn’t End at Closing
If you think legal risk ends when the deal closes, you misunderstand real estate law. A real estate transaction lawyer protects you before signing, during negotiations, at closing, and long after the deal is done.