The distances involved could make buying property in Florida seem like a more complex process than purchasing a new home within a couple of hours’ flight of the UK; however, there are also advantages to buying in the US that continue to make the country appeal to UK residents looking to move abroad.
Possibly the most obvious of these is the fact that Americans speak English, meaning negotiations can take place in both parties’ mother tongue. This alone could make it easier to understand the exact circumstances that surround a sale or purchase, making sure that no misunderstandings are able to interrupt the process.
Buying property in Florida with AIPP
The Association of International Property Professionals (AIPP) covers the US just as it does many other countries around the world. It offers a useful starting point to find an estate agent considered trustworthy and accountable.
A keyword search on the AIPP website could be useful in finding agents who deal specifically with property in Florida, rather than other parts of the US; the site should be able to yield results both in the Sunshine State itself and back in the UK, depending on where you want to hold your negotiations.
One thing to look out for in the US is real estate vendors who are members of the National Association of Realtors (NAR), which styles itself as the voice for the profession across the country.
Membership of the association is an indication that a real estate agent should have an understanding of the legislation surrounding both the house-buying and selling market and their own role within it.
For instance, the NAR works to ensure that its members comply with the Real Estate Settlement Procedures Act, a piece of legislation that governs closing practices in the industry to ensure they remain legal, ethical and fair to all parties involved.
In the complicated government structure of the US – with local, state-level and federal authorities all involved in establishing and exercising rules of law – the NAR is also acting to prevent local governments from being able to seize land for economic developments, a practice known under the term "eminent domain" decisions.
Keeping in touch with the UK
As with any other destination, registering with UK representatives is a good idea when you arrive at your new property in Florida. The Foreign & Commonwealth Office (FCO) lists two consulates in the Sunshine State: the British Consulate in Orlando and the British Consulate-General in Miami.
The services offered could prove useful in the property-buying process. For instance, the consulates are able to witness the signing of documents if desired, as well as being able to certify that copies of identification documents are genuine.
Guidance from the FCO also includes some advice specifically for people planning to retire to the US, as those individuals may face different circumstances to other emigrants.
Retirees are told to ensure they have adequate health coverage, have written a will and know what their financial arrangements are. The FCO cannot advise on property purchases directly, but can put Britons in touch with lawyers who might be able to advise on any transactions. The FCO stresses, however, that it also cannot become involved in any legal disputes that might arise.
Assistance with legal issues for Britons in Florida
The Law Society does not have an international practice in Florida itself; its closest offices are in Texas, as well as Illinois, New York and California. However, the UK-based authority does have some guidance to give on the structure of regulation for US lawyers.
Notably, lawyers are regulated at state-level, with different admission requirements to the bar of different states. In some states, membership of the bar is voluntary and it acts more as a professional development body than as a regulator. These states include New York and Illinois, perhaps explaining the Law Society’s independent presence there.
In Florida, membership is mandatory and the bar works on a "unified" basis, meaning admission and discipline are handled by the professional body itself and lawyers must not practice without first joining.
The Florida Bar itself offers advice to residents of the state on how they can ensure they do not fall foul of unlicensed practitioners and how to lodge a complaint against anyone who they believe may be unlicensed.