Real estate transactions can appear deceptively simple and straight-forward at first glance, only to disintegrate into a complicated morass of technical pitfalls that can lead to financial disaster.

A seemingly minor title defect, a miscalculation concerning the short or long-term tax consequences of a particular deal, an overlooked requirement or restriction in zoning and land use regulations; each of these items can become a potential catastrophe without competent legal advice and guidance from an experienced Attorney in real estate law. We understand the devastating impact of flawed real estate transactions, and we know how to help.

As experienced Bradenton, Florida Real Estate Attorneys, we provide competent advice, guidance and counsel to help minimize the risks in real estate transactions for clients throughout Florida, within the following areas:

• Real estate contracts
• Real estate closings
• Real estate deeds
• Title insurance
• 1031 exchanges
• Preparation of sales agreements
• Loan closings
• Sale of businesses and business assets
• Clearance of title defects
• Quiet title lawsuits
• Preparation of notes and mortgages
• Representation of buyers or sellers in real estate transactions
• Preparation of commercial and residential leases
• Preparation of Wills and Trusts
• Representation in probate matters
• Preparation of Powers of Attorney and Advance Directives
• Contract preparation
• Florida Homestead Matters

We offer clients the confidential and courteous service that we would expect ourselves. We are happy to meet a variety of legal needs and welcome the opportunity to serve you and solve your legal problems. Our goal is to leave you with peace of mind.

We believe the hiring of an attorney is an important decision that should not be made solely upon advertisements. Before you decide, please ask me to send you free written information about my qualifications and experience.

As respected Bradenton, Florida Real Estate Attorneys, we have handled hundreds of real estate closings, assisting clients from preparation of the contract and writing the title insurance through the closing itself.

If you or someone you know in Bradenton or Sarasota needs the assistance of an experienced Florida Real Estate Attorney, call P. Allen Schofield Toll Free at 866-304-7023, or complete the contact form provided on this site to schedule your initial consultation.

Practice Areas and Legal Definitions

Real Estate Negotiations:
In major financial transactions, especially those involving real estate properties, it’s important to have a knowledgeable negotiator working for you, one who knows the law and whose loyalty to you is undivided. Real estate brokers and agents depend on sales commissions for their livelihood. If the sale does not occur they receive nothing for their time and energy, and this can create a conflict of interest. You need someone representing you who is less concerned about a particular sale going through than with making certain your legal rights are protected.

Title Clearance Issues:
In large urban centers title insurance has reduced the need for in-depth title searches by real estate lawyers, but this is not necessarily the case in rural areas of the state. As with any other insurance policy, title insurance documents are usually packed with disclaimers of one kind or another, all in highly technical real estate jargon and legalese, and all set forth in the tiniest of fine print. Failure to fully understand the import of a particular clause or disclaimer in the policy can result in financial consequences at some later date, when it may be too late to do anything about it. If you find things in the title policy you don’t understand, your real estate attorney can explain them to you and can also point to you any items that need to be challenged and resolved. Given the amount of money involved in modern real estate transactions, it is critical to make certain that title problems are not going to make the deal a disaster.

Quiet Title Matters:
Sometimes a particular piece of real property has title defects of such significance that no sale or other transfer of ownership can occur until they are resolved. The usual method of clearing title defects is a lawsuit called a “Quiet Title” action. In the Quiet Title action, the Court would receive and consider evidence on the issue, and if satisfied that the judgment had been discharged, would issue an order dissolving (removing) the judgment lien.

Mechanic’s Liens:
When doing building construction or repairs, building contractors often utilize a legal device called a “mechanics lien” as a means of making certain they will be paid for their labor and materials. The creation of a mechanic’s lien involves written notice to the owner of the property and other formal requirements, and its enforcement is subject to strict procedural rules. Once a valid mechanic’s lien attaches to the property, however, it operates as a claim against the property which, if it remains unpaid, can ultimately result in foreclosure proceedings.

Real Estate Document Preparation:
Whatever may be said during real estate negotiations, whatever promises may have been made, it is the final written documents that will control what happens. Many of the closing documents involve the completion of pre-printed forms, but sometimes the details of a particular transaction require modification of a form to provide adequate protection. Your real estate attorney can either prepare all of the documents, or can review the documents that have been prepared, explaining them to you and suggesting changes, as needed, for your benefit.

Closing Attorney Representation:
The majority of transactions are concluded routinely, with no unanticipated problems and as it may well appear after the fact, no need for legal representation during the closing. There is no legal requirement for representation by counsel at the closing, but most lenders and prudent investors will do so. It is at closing that critical disputes often arise concerning the language in a particular clause or some other technical aspect of the transaction.

Sales Breach Issues:
Once a written agreement has been executed by both parties to a real estate transaction its provisions are legally binding. Which judicial remedies, if any, may be available for the breach of the agreement depends on a variety of factors. There may, for example, be remedies available to the Buyer if the Seller breaches that are not available to the Seller, if the Buyer is the breaching party.

1031 Exchanges:
Internal Revenue Service Code §1031 provides a means for deferring the capital gains tax consequences of a real estate transaction when the proceeds of sale from one transaction are to be promptly reinvested in another similar type property. The key word here is “deferral". What happens is that the tax basis of the old property is transferred to the new, so that when the new property is ultimately sold, the tax will be due. Of course, if the second property is also sold under a 1031 exchange, the tax will be deferred yet again.

If you or someone you know in Bradenton or Sarasota needs the assistance of an experienced Florida Real Estate Attorney, call P. Allen Schofield Toll Free at 866-304-7023, or complete the contact form provided on this site to schedule your initial consultation.

As experienced Florida Estate Planning Attorneys, we provide lasting solutions to clients in Bradenton, Sarasota and throughout the state, offering exceptional representation in the following practice areas:

• Estate Planning (Wills, Trusts & Martial Agreements)
• Estate Administration (Probate & Trust Distributions)
• Trusts (Revocable, Irrevocable & Charitable)
• Health Care Directives (Living Wills & Powers of Attorney)
• Elder Law (Guardianships & Preneed Guardian Directives)
• Estate & Trust Tax Returns
• Real Estate (Contracts, Closings, Deeds, Title Insurance & 1031 Exchanges)

With new laws being passed on a regular basis, the guidance of an experienced Florida Estate Planning Attorney is critical in assuring that your unique estate planning goals are understood and carried out. Proper estate planning can ensure that your invaluable legacy is not wasted, and that loved ones are cared for according to your wishes. Avoiding probate costs, expensive court proceedings and unnecessary taxes are important elements in preserving the integrity of your estate.

We are pleased to offer our valued clients the confidential and courteous service that we would expect ourselves. Our firm is happy to meet a variety of legal needs. Our caring attorneys and friendly staff welcome the opportunity to serve you and solve your legal problems. Our goal is to leave you with peace of mind.

Click here for more information on our Florida estate planning practice.

If you or someone you know in Bradenton or Sarasota needs the assistance of an experienced Florida Real Estate Attorney, call P. Allen Schofield Toll Free at 866-304-7023, or complete the contact form provided on this site to schedule your initial consultation.

ADDRESS OF THE FIRM:
Schofield & Spencer, P.A., Attorneys
1429 60th Ave W, Ste 300
Bradenton, FL 34207-4614
Toll Free: 866-304-7023
Fax: 941-756-0981

MEMBERS OF THE FIRM:

P. Allen Schofield
P. Allen Schofield is the senior shareholder of the Bradenton law firm of Schofield & Spencer, P.A.  He has practiced law in Manatee and Sarasota counties since 1974.  His practice is limited to real estate, trusts, wills, estates, estate planning and business law.  He is Board Certified by the Florida Bar as a specialist in Real Estate Law.  He is a member and past president of the Manatee County Bar Association and a member of the Florida Bar Association.  He is an affiliate member of the Manatee Country Board of Realtors and is the Twelfth Judicial Circuit representative of the Real Property, Probate and Trust section of the Florida Bar and a member of the Executive Committee of that section.  He taught as an adjunct professor at Manatee Community College for 6 years. Mr. Schofield received his law degree from Cumberland School of Law of Samford University, Birmingham, Alabama and his Bachelor of Arts degree in Business Administration from the University of South Florida.

EDUCATION:

• University of South Florida, 1970
  • Bachelor of Arts in Business Administration
• Cumberland School of Law of Samford University, 1974
  • Juris Doctorate

JURISDICTIONS:

• Florida

PROFESSIONAL MEMBERSHIPS AND ACHIEVEMENTS:

• Senior shareholder of law firm since 1988; original firm established 1974
  
• Has practiced law in Manatee and Sarasota counties since 1974
• Board Certified by the Florida Bar as a specialist in Real Estate Law
• Member and Past President of the Manatee County Bar Association
• Member of the Florida Bar Association
• Affiliate Member of the Manatee County Board of Realtors
• Twelfth Judicial Circuit representative of the Real Property, Probate and Trust Section of the Florida Bar Association
• Member of Executive Committee of the Real Property, Probate and Trust Section of the Florida Bar Association
• Taught as Adjunct Professor at Manatee Community College for 6 years

BOARD CERTIFICATIONS:

• Real Estate Law - Florida

Mary Anne McClure Spencer
Mary Anne McClure Spencer is a co-shareholder of the Bradenton law firm of Schofield & Spencer, P.A., and a fourth generation native of Manatee County.   She has practiced law in Manatee, Sarasota, Pinellas and Hillsborough counties since 1986.   Her practice is devoted to counseling clients in estate planning with wills, trusts, powers of attorney, health care surrogates and living wills; she also handles trust and estate administration and lectures on these topics.  She is Board Certified by the Florida Bar as a specialist in Wills, Trusts and Estates.  She is a member of the Florida Bar, the Washington, DC Bar and the Manatee County Bar where she served as Treasurer.  She is a member of the Elder Law Section, Real Property, Probate & Trust Law Section and the Tax Section of the Florida Bar.  Ms. Spencer received her law degree from Georgia State University College of Law, Atlanta, Georgia, and her Bachelor of Arts degree from Wake Forest University, Winston-Salem, North Carolina.

EDUCATION:

• Wake Forest University, 1981
  • Bachelor of Arts
• Georgia State University College of Law, 1985
  • Juris Doctorate

JURISDICTIONS:

Florida

PROFESSIONAL MEMBERSHIPS AND ACHIEVEMENTS:

• Co-shareholder of law firm; original firm established 1974
• Fourth generation native of Manatee County
• Has practiced law in Manatee, Sarasota, Pinellas and Hillsborourgh counties since 1986
• Board Certified By the Florida Bar as a specialist in Wills, Trusts and Estates
• Member of the Florida Bar, District of Columbia Bar, and the Manatee County Bar
• Past Treasurer of the Manatee County Bar Association
• Member of Elder Law Section, Real Property, Probate and Trust Law Section and Tax Section of the Florida Bar

BOARD CERTIFICATIONS:

• Wills, Trust and Estates - Florida

Laura Jean Guy
Laura Jean Guy is a consulting attorney with this law firm. She is a member of the Florida Bar and the North Carolina State Bar, and is a Certified Public Accountant.  She has been licensed to practice law in the State of North Carolina since 1972, and in the State of Florida since 1996. Her practice focus is in the areas of estate planning and administration, trust administration, estate tax, fiduciary income tax and tax planning. She also has practiced in public accounting in both North Carolina and in Florida, working primarily in the areas of estate tax, fiduciary income tax, and personal income tax. She was a member of the Florida Institute of Certified Public Accountants and is presently a member of the American Institute of Certified Public Accountants. She is also admitted to practice before the Supreme Court of the United States. Ms. Guy received her law degree from Duke University School of Law and her Bachelor of Arts degree from the Centre College of Kentucky.

EDUCATION:

• Centre College of Kentucky
  • Bachelor of Arts
• Duke University School of Law
  • Juris Doctorate

JURISDICTIONS:

• Florida
• North Carolina

PROFESSIONAL MEMBERSHIPS AND ACHIEVEMENTS:

• Certified Public Accountant
• Past member of Florida Institute of Certified Public Accountants
• Member of American Institute of Certified Public Accountants