NEW YORK RESIDENTIAL REAL ESTATE LAWYER
New York Residential Real Estate Attorney
If you plan to buy or sell a home or property in NYC or surrounding areas anytime soon, you will want to work with an experienced New York residential real estate lawyer. Likewise, if you are looking at an international sale or purchase, we can assist with that as well. Hiring an attorney who specializes in NY real estate can protect your rights, make the process easier by ensuring that all contracts and documents meet legal requirements, and identify any potential problems with the agreement to prevent future legal complications.
Real Estate Law 101: What You Need to Know
Real estate law concerns the buying, selling, and leasing of land and structures, either for commercial or residential purposes. This field of law encompasses two main elements: statutes and regulations. Each aspect of real estate law could have an impact on your transaction, which is one reason why investing in a New York real estate attorney is so crucial.
- Real Estate Statutes
Real estate statutes are laws passed by Congress that govern the real estate industry. For example, there are statutes governing mortgage lending practices. Federal law provides limited legal protection for property owners in certain situations, so state governments have enacted additional legislation to fill in any existing gaps or provide more specific requirements for certain types of transactions. Because each state has its own set of rules on how mortgages should be structured and regulated, the process of buying a home in New York can be significantly different from the process of buying a home in California.
- Real Estate Regulations
Regulations refer to agency interpretations or guidance documents issued by government agencies. For example, the IRS may issue guidelines for tax deductions available to homeowners. Industry organizations and trade groups also stipulate their own regulations that real estate brokers and salespersons must follow during real estate transactions. When you sell or purchase a home, a New York residential real estate lawyer can help you understand and adhere to these complex statutes and regulations.
Common Issues in New York Residential Property Deals
A residential property is one of the most critical assets for any individual. It can be a home, an office, apartment, or any building that you use daily. In New York City, there are many different types of properties that you can buy, and these properties have their own set of requirements. For example, if you want to buy a condo in Manhattan, this borough has its own unique set of regulations that must be met before you can purchase this property. On the other hand, if you want to buy land in Queens, then different rules would apply. All New York residential property deals involve specific standards that you must follow before investing in a property.
Because of these differences, it is difficult to make sure you are following all the appropriate rules and regulations. If you encounter a problem during the purchase of property, it can be quite costly to resolve. Continuing with the previous example, you may think that you are fulfilling all the legal requirements for purchasing a condo in Manhattan, only to later realize you missed a few important details that change the price significantly. It is vital to stay up to date on these laws and regulations before buying any property in New York City.
Why Do I Need a Real Estate Lawyer?
- They can review and prepare all information related to your purchase. This involves interpreting real estate laws, regulations, and policies, as well as developing specific contracts and agreements. When buying or selling real estate, you will come across a lot of new information, and some of it may be confusing. A lawyer can help you understand the language of the real estate world, facilitate the transfer of titles and funds, ensure you meet your contractual agreements, and prevent you from facing surprises at closing.
- They provide security. In addition to being knowledgeable about the real estate industry, NYC real estate lawyers can also help you feel secure in your specific investment. By entering a deal with legal representation, you’ll have a knowledgeable, skilled advocate who can identify any risks associated with this acquisition, protect your interests, and deliver the best possible outcome in your case.
- They can help you avoid scams and fraud. When buying or selling real estate, you may face people who want to take advantage of your situation, from fake companies who promise financial relief to real estate agents who misrepresent their credentials scammers who attempt identity fraud. While most of us feel like we could see such a scam, that’s not always the case. Unfortunately, some of these frauds can be quite sophisticated. A lawyer can offer expert counsel to prevent these incidents from occurring. If you are affected by a scam or fraudulent deal, they can help you seek legal recourse against the other party to recover damages.
- They can negotiate effectively. Lawyers are not only valuable for their legal knowledge but also their negotiation skills, in and outside of the courtroom. Retaining the services of a New residential real estate lawyer provides a significant advantage during the deal-making process because they can ensure you achieve a contract that minimizes risk and maximizes reward.
They have a strong network of professional contacts. Experienced lawyers have extensive networks featuring other real estate professionals, so they know the right people to contact to streamline the process. This is particularly beneficial if you want to close a deal quickly without worrying about missing any crucial aspects of the arrangement.
Does New York Require A Real Estate Attorney?
While it is not required by law for a transaction to be handled by an attorney, it is often the best course of action. It is common for both a buyer and seller to hire a New York residential real estate lawyer to handle a home transaction. Legal matters can get very complicated, especially when it comes to real estate transactions. Many problems can substantially lengthen the process or prevent it from being finalized.
For example, if you buy a condo in New York, there is more than contract law to consider. You need an attorney who understands condo association rules and regulations and the laws that govern them. In another scenario, you may think you are purchasing a home that is free and clear of any liens or claims because the seller did not disclose this information, only to discover later in the transaction that the property has an outstanding mortgage or a lien. A lawyer can represent you in this dispute and help you reach a speedy resolution.
How Much Does a Real Estate Lawyer Cost in NYC?
The cost of hiring a New York residential real estate attorney can vary depending on the complexity of your case. On average, a NY real estate lawyer fee will range from $1,500 – $4,000 for each real estate transaction. Some factors that can influence this cost include:
- The type of real estate transaction.
- The complexity of your case.
- Your location. The cost of hiring a real estate attorney in New York City can be much more expensive than hiring one outside the city.
- The type of services to be provided by your lawyer. Some lawyers will charge an hourly rate, while others base their fees on a flat rate or percentage of the profits in your case.
- The number of transactions you expect to complete.
- The number of real estate attorneys that are competing for your business.
- The experience and expertise of the real estate attorney you choose. An experienced lawyer can complete your transaction efficiently than a novice, which can expedite the process and minimize costs.
- The costs of the closing, including real estate taxes and other fees you are responsible for paying. Before signing a contract for their services, ask your lawyer about these expenses and whether they are included in real estate agent or closing fees.
- If you have a legal dispute with someone, your attorney may charge an hourly rate or require that you pay the fees in advance of litigation.
- If you are planning to sell any property, your lawyer may require that you pay a percentage of the profits made from your sale.
- If you are planning to buy any property, the seller may require that their lawyer be paid a percentage of the property’s sale price.
How Do I Choose a Real Estate Lawyer in New York City?
Having the best legal representation is key when it comes time to close on your property. Your first step is to compile a list of New York residential real estate lawyers who work in your area. You can begin by talking to your friends, family members, or colleagues about the experiences they’ve had selling or purchasing a property, then do your own research online. Reading their website is helpful, but you will likely see the most positive testimonials from pleased clients. Checking Yelp and Google reviews can provide a more well-rounded perspective.
The only way to truly select the right attorney is to schedule a consultation with them in person to discuss the services they provide and review the specifics of your case. A New York residential real estate lawyer should be:
- Experienced in real estate law and a record of successful results
- Willing to answer your questions and explain any legal lingo that may confuse you in a way that you can fully understand
- Committed to regularly communicating with you about the progress of your case, including promptly responding to your calls and emails
- Prepared to provide references from past clients that they have represented successfully
- Ready to admit if your case falls outside of their expertise and give referrals for other attorneys that may be able to assist you, such as lawyers who specialize in foreclosure defense or bankruptcy law
Let Our Residential Real Estate Attorneys Help You with Your Transaction
Buying or selling a home is probably the most significant financial transaction that anyone undertakes in their lifetime. While this can be an exciting time, without the proper legal guidance, the process can be frustrating, overwhelming, and far more expensive than necessary. Even if there are no obvious disagreements between the buyer and seller, it is advisable for each party to hire their own legal representation for the transaction. This ensures that both parties can protect their rights, avoid common pitfalls, and efficiently handle any issues that appear.
At the Avenue Law Firm, our team of New York residential real estate lawyers represent buyers, sellers, and financial institutions through every stage of the transaction, from drafting a Purchase and Sale Contract through obtaining the final Title Insurance Policy. We offer our clients comprehensive and responsive real estate legal representation in the following transactions:
In addition to real estate transactions, we can also assist with other residential and commercial real estate issues, such as:
Discuss Your Real Estate Transaction with a Professional Legal Team
To ensure you can protect your rights and interests during your next real estate transaction, contact Avenue Law Firm today. Our team of New York residential real estate lawyers have the skills and experience to help you with every aspect of your transaction. With knowledge of both US and international real estate negotiations, no matter where in the world you are buying or selling real estate, we can help protect your bottom line. We don’t rely on dated techniques and processes. We leverage cutting edge technology so that any transition is done speedily, accurately, and with our clients in mind.