News & Resources

Author: Tyler Puttick

Luxury New Construction Showcase hosted by Dale Sorensen
Tue, Jan 21, 2020| | Events

Luxury New Construction Showcase hosted by Dale Sorensen

Rossway Swan is proud to sponsor the Luxury New Construction Showcase hosted by Dale Sorensen this Thursday, January 23 at Quail Valley River Club. The law firm is the exclusive Attorney and Title Agent Sponsor. Please join us to learn about our real estate legal services and upcoming exciting opportunities in Indian River County involving luxury new home construction. Click here for more information and to register! With three offices located in Melbourne/Viera, Vero Beach and Coral Gables, the law firm of Rossway Swan serves clients throughout Florida. Contact us today to speak with one of our experienced residential real estate attorneys.

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What is a Residential Real Estate Closing?
Thu, Jan 16, 2020| | Articles

What is a Residential Real Estate Closing?

In Florida, the residential real estate closing process begins with the execution of a real estate contract and is finalized by the execution of closing documents on the closing day. Below is a step-by-step breakdown of a common Florida residential real estate closing: 1. Contract The contract sets forth all of the terms of the transaction including the property being purchased, the purchase price, and the closing date. The contract sets forth all of the critical dates of the transaction and is an extremely powerful document. Unfortunately, many buyers and sellers wait until after the contract is signed to seek the advice of a real estate attorney, which leads to unforeseen issues and less protection. 2. Deposit The deposit amount is set forth in the contract and often is payable by the buyer to the escrow agent within three days of the real estate contract being executed. The deposit provides protection to the seller in the event the buyer breaches the contract. Ten percent of the purchase price is often the standard amount of the deposit. 3. Residential Mortgage Application The majority of residential buyers obtain a loan to purchase the property. The real estate contract will provide for a financing contingency, which give the buyer a certain amount of days to receive approval from a bank of a loan. If the buyer is unable to obtain financing, the buyer can cancel the contract within the contingency period and receive their deposit back. 4. Appraisal Often times, especially when the […]

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New Year and New Fraud
Fri, Jan 3, 2020| | Articles

New Year and New Fraud

With the new year comes the inevitable problem of writing the correct date for the first few weeks of 2020; however, this year comes with new challenges. Police and fraud experts across the country are warning people to not abbreviate the year 2020 when writing the date, as it can be easily manipulated. For instance, March 14, 2020 being abbreviated as 3/14/20 could be easily modified to 3/14/2018 by simply adding “18” to the end. The issues that can arise by abbreviating the date in the year 2020 is especially concerning when executing legal or financial documents. By abbreviating the year, legal and financial documents can be backdated or postdated to change obligations and due dates. A closing date on a real estate contract could be changed to put a buyer in default and at risk of losing their deposit. Don’t become a victim and protect yourself against fraud by simply writing out the full date. With three offices located in Melbourne/Viera, Vero Beach and Coral Gables, the law firm of Rossway Swan serves clients throughout Florida. Contact us today to speak with one of our experienced attorneys.

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Giving Tree 2019
Mon, Dec 23, 2019| | News

Giving Tree 2019

Rossway Swan’s Giving Tree was a tremendous success thanks to the Firm’s generous clients, attorneys, and staff. This year, the Giving Tree benefited the children of Youth Guidance Mentoring Academy, which is the longest operating mentoring program in Indian River County.

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Attorney Román Ortega-Cowan appointed to the Board of Directors of Literacy Services of Indian River County
Tue, Dec 17, 2019| | Press Releases

Attorney Román Ortega-Cowan appointed to the Board of Directors of Literacy Services of Indian River County

Rossway Swan is pleased to announce that Attorney Román Ortega-Cowan has been appointed to the Board of Directors of Literacy Services of Indian River County. Mr. Ortega-Cowan has passion for serving the residents of Vero Beach, Florida and Literacy Services of Indian River County provides an opportunity to empower adults with literacy and language skills to help them and their families succeed. The mission of Literacy Services is to enable and empower local adults to become successful members of the community by improving their literacy skills. Mr. Ortega-Cowan focuses his legal practice on representing clients in probate and trust litigation and construction law throughout the state of Florida. Click here to learn more about Attorney Román Ortega-Cowan.

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Why should I hire a real estate attorney instead of just a title company?
Thu, Dec 5, 2019| | Articles

Why should I hire a real estate attorney instead of just a title company?

Florida, unlike some other states, does not require a lawyer during a real estate transaction. Buyers and sellers have the choice of using an attorney or a title company to handle the closing on their real estate transaction. This often causes the parties to wonder why they should hire an attorney instead of using just a title company to close their transaction. Here are four advantages of using a Florida real estate attorney for real property transactions: 1. A real estate attorney works for you while title companies work for the title insurer.  An attorney represents the client’s interest throughout the closing process. This includes representing the client in contract negotiations, clearing title, obtaining financing, and the closing process.  The attorney looks out for their clients’ best interest and advocate for their client. A title company role is limited to preparing the basic closing documents required by the title insurer to complete the transaction and issue the title insurance policy. In addition, an attorney is bound by the ethical standards of the Florida Bar. Remember, a title company is limiting the risk to their insurer while an attorney is working for you. 2. Title agents cannot provide legal advice. When issues arise during a closing, the buyer or sellers cannot seek advice from the title company. Such issues can range from how a party should take title to the property to boundary disputes. A title agent cannot provide legal advice. Attorneys can work through the issues to get the transaction […]

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