Buying a home, joining a co-op, or investing in a commercial property abroad is exciting. It is also a major legal step. You want the deal to be clear, fair, and on schedule. A real estate agent is great for market insight and handling showings and offers. However, real estate agents cannot give legal advice or answer legal questions. That is where a New York real estate lawyer can help protect you and your investment.
For instance, if you cancel a purchase contract and want your deposit back, an agent can point out what the contract says and share what typically happens in such cases based on their experience. However, they cannot guarantee that you will get the deposit back or advise you to file a claim against the other party for reimbursement. A lawyer can read the contract, explain your options, and take action when needed.
Avenue Law Firm can help you move from offer to closing with confidence. We can review contracts, spot problems early, and protect your interests at every milestone. We can break down condominium closing costs for purchasers in plain language, explain title and financing steps, and prepare you for each deadline. We can also explain the difference between a closing attorney and a real estate attorney, so you know who handles what and when.
As you compare your options, look for clear communication, fast responses, and transparent fees. Ask about recent deals like yours and how the firm coordinates with your agent and lender. You deserve a steady guide who keeps your deal on track. Contact Avenue Law Firm today at (212) 729-4090 to schedule a consultation and learn how our skilled lawyers can assist you.
Why Would I Need a Real Estate Lawyer?
Real estate deals can look simple at first. Then the fine print shows up. If you are buying or selling a home, investing in commercial property, or moving to a new area, you can run into rules, deadlines, and contract terms that are easy to miss. To keep your deal legal and on track, it’s important to get a lawyer you trust.
Your agent is there to guide you on prices, listings, and negotiations. Still, there are limits to what an agent can say or do. Licensing rules can keep them from giving certain advice. And some legal issues are tough to explain without legal training.
A real estate lawyer fills that gap. Your lawyer can review contracts, title reports, disclosures, and lender papers. They can flag risks early so you can choose what to fix, what to negotiate, or when to walk away. With the right guidance, you can move forward with confidence and close with fewer surprises.
The Work of a Real Estate Attorney
Real estate lawyers are legal professionals who deal with real estate properties. These attorneys deal with a variety of legal issues and prepare and review documents related to real estate properties. These documents include title documents, purchase agreements, deeds, contracts, and mortgage documents. Real estate attorneys also handle cases that involve misrepresentations or non-disclosure of defects connected to the purchase or sale of a property.
Real estate lawyers can handle closings, which usually happen when purchasing property from another individual or company. They can also help clients avoid issues such as disclosure and tax concerns. It is very important to seek the help of an experienced real estate attorney so you can make the most out of your real estate purchase or sale and avoid making costly mistakes.
Avenue Law Firm’s New York City real estate lawyers provide advice to clients regarding the sale or purchase of a real estate property. Our firm can help ensure that property transfers are documented and binding. We may also be able to help make sure they are recognized by the courts. Contact us today to schedule a consultation with a skilled real estate attorney.
New York Real Estate Lawyer
Peter Zinkovetsky, Esq.
Peter Zinkovetsky is the founder and Managing Partner of Avenue Law Firm, representing local and international clients in New York real estate matters. Recognized for his deep deal experience and client-first approach, Peter has been named a Super Lawyers “Rising Star” for eight consecutive years, an honor awarded to fewer than 2.5% of attorneys in New York State. He has also been featured among the New York Real Estate Journal’s 2018 “Ones to Watch,” holds a 10.0 Avvo rating, and earned Avvo’s Clients’ Choice Award (2017).
A frequent educator and commentator, Peter teaches continuing legal education courses, writes a legal blog, contributes articles to the New York Real Estate Journal, and presents at conferences across the U.S. and abroad. His insights have appeared in outlets including Forbes, the New York Post, The Real Deal, the New York Observer, Newsweek, and more. Peter earned his J.D. from New York Law School and a B.B.A. in Finance from Pace University, and is an alumnus of the United Nations International School.
What to Expect from Your Real Estate Lawyer
Finding the right attorney to help you with your real estate transaction offers several substantial benefits. First, you will have experienced assistance in conducting your due diligence, helping you avoid unexpected surprises and streamlining your entire transaction. You can rely on your legal team to help you thoroughly research the property you’re planning to buy or gather the documentation you need to produce to sell your property.
If you’re purchasing real estate as an investment, your legal team will help you uncover any legal issues that might interfere with your plans, such as liens from previous owners and zoning conflicts. You can also depend on your real estate attorney to help you through closing, contract review, and many other components of your transaction. Consider your choice to hire a real estate lawyer as an investment in the success of your transaction, which allows you to approach the situation with confidence and reassurance.
The right real estate attorney can provide peace of mind and confidence throughout your transaction. Avenue Law Firm brings years of experience in handling challenging real estate transactions in New York City and can apply that knowledge to your case. If you’re ready to explore legal representation for an upcoming real estate transaction in New York City, contact Avenue Law Firm to schedule a consultation with our team.
What Does a Commercial Real Estate Lawyer Do
A commercial real estate lawyer plays a pivotal role in facilitating and safeguarding transactions involving commercial properties, particularly in competitive markets like New York City. Whether you are buying or selling commercial property, the knowledge of a skilled attorney is invaluable for several reasons:
- Extensive Property Research: A commercial real estate lawyer can perform thorough research to verify the property’s ownership history and identify any potential legal impediments that might disrupt your transaction or future plans with the property.
- Lien Identification: Before purchasing a commercial property, it’s crucial to confirm that there are no existing liens against it. A commercial real estate lawyer conducts comprehensive searches to detect any such issues, preventing unexpected legal problems after your purchase.
- Zoning Issues: If your intended use for the property requires specific zoning, a commercial real estate lawyer can obtain complete zoning records and assist with applications for zoning changes if your plans for the property necessitate such modifications.
- Contract Drafting and Review: In real estate transactions, contracts are essential. A commercial real estate lawyer will not only draft legally binding agreements but also review any contracts presented by other parties, ensuring that your interests are protected.
- Closing and Negotiations: Commercial transactions often provide opportunities for negotiation. A commercial real estate lawyer can offer guidance on pricing and terms, as well as handle administrative tasks involved in closing the deal, such as finalizing and filing contracts.
- Litigation Support: In cases where disputes escalate to legal claims, a commercial real estate lawyer can represent your interests in court, providing the necessary legal representation to manage and resolve these disputes effectively.
Engaging a commercial real estate lawyer can help you be well-prepared to handle the challenges of commercial property transactions, protecting your investments and facilitating smoother, legally sound dealings. Contact Avenue Law Firm today to schedule a consultation with one of our commercial real estate lawyers.
| Service Provided | Purpose / Benefit | Example in Practice |
|---|---|---|
| Extensive Property Research | Ensures the property’s history is clean and free of hidden legal risks | Identifying past ownership disputes before purchase |
| Lien Identification | Prevents buyers from inheriting unpaid debts or claims on the property | Discovering a contractor lien that must be cleared before closing |
| Zoning Issues | Confirms the property can legally be used for the buyer’s intended purpose | Securing approval for converting a warehouse into retail space |
| Contract Drafting and Review | Protects the client’s interests by clarifying obligations and reducing risk | Reviewing a lease agreement to prevent unfavorable terms |
| Closing and Negotiations | Helps negotiate better terms and ensures all paperwork is filed properly | Negotiating lower purchase price or more favorable closing costs |
| Litigation Support | Provides representation if disputes arise during or after the transaction | Defending a client in a lawsuit over a breached lease agreement |
How Do You Find a Good Real Estate Lawyer?
When you’re ready to begin a real estate transaction, the first step in finding the right attorney is to do your research. You can start by asking friends, family members, neighbors, or colleagues for recommendations or getting a referral from your real estate agent. The internet is a vast resource with a wide variety of lawyers to choose from, so this is where you will find most of your information. You can search online directories for local lawyers who focus on real estate, make a list, and start checking out their websites. Looking at reviews helps you achieve a more well-rounded perspective of their services by reading how other clients have felt about their experience with the lawyer and if they would recommend them to others.
What to Look for in a Real Estate Lawyer
Now that you have a list of potential candidates, your next step is to set up one-on-one consultations to interview each lawyer in person or on the phone. During your conversation, focus on the following factors:
- Education and Credentials: You can learn about a lawyer’s education and credentials by searching their name online. Licensing/registration look-ups are maintained by state courts or bars. In New York, use the New York State Unified Court System’s Attorney Directory to verify an attorney’s status and any public discipline, and note their Attorney Registration Number
Since lawyers are licensed by the state and often focus on a specific niche, it’s essential to find one with deep experience in New York City real estate. It’s important to note that education may be an indicator of competence, but it doesn’t guarantee success. Every case has different needs, and some lawyers will inevitably have more relevant experience than others when it comes to your unique situation.
- Respect and Compassion: Selling or buying a property can be a significant milestone, and you need respectful and compassionate legal representation to guide you through this process. A good lawyer will actively listen to your concerns, answer your questions with honesty and transparency, and demonstrate empathy. They should be prepared to explain the law and how it relates to your situation so you understand the potential outcome of your case and what to expect at every step. They should also be realistic about the strengths and advantages of your situation so you can make the right decisions.
The best lawyers will make you feel heard, understood, and comfortable. If the lawyer doesn’t seem like they are truly listening to you or valuing your opinion, it might be best to look elsewhere. Remember, you are the one interviewing them. Their focus should always be on pleasing the client. At the end of the interview, you should be confident that they care about you, want to help you, and will do anything in their power to deliver the optimal outcome in your case.
- Top-Notch Communication Skills: A substantial portion of a lawyer’s time is spent communicating, so this should be one of their most impressive skills. When a lawyer communicates well, they know how to make difficult concepts clear and can answer your questions in a way you can understand. This is important whether you are looking for someone to help you buy or sell property, draft some legal documents on your behalf, or represent you in court. If there are any major issues during your case, you don’t want them to occur because of problems with communication or a misunderstanding of legal language.
To avoid misunderstandings and keep you both on the same page, your lawyer must speak clearly and concisely. The right lawyer has excellent verbal and written communication skills and can share a message openly and honestly, even when the subject is uncomfortable to deliver. They also know how to use emotions appropriately in different situations and understand professional social boundaries. Additionally, communication is a two-way street, so they must be not only well-spoken but also show a willingness to listen.
- Good Judgment: Most people know it’s important to be cautious when choosing a lawyer. They must be skilled as well as offer good judgment. Lawyers can show they have good judgment by having a history of successful cases and an established reputation in the legal community. When other attorneys and judges respect them and take their opinions seriously, it will help every aspect of your case.
There are other ways to tell whether a lawyer has good judgment, such as speaking with them about their values, checking references from former clients, and discussing how they approach cases like yours. Be sure to ask them questions, too. It’s important that you feel comfortable with the lawyer so they can provide you with the best representation possible. Good judgment is something that can’t be faked, so if you find a lawyer who seems to have it in spades, you’re on the right track.
Avoiding Conflicts of Interest and Unethical Ties
Conflicts of interest can quietly drain the value from your deal. Your lawyer’s advice must be independent, not shaped by side money or referral perks. New York’s Rule 1.7 flags “personal interest” conflicts wherever there’s a significant risk a lawyer’s own financial interests will skew their judgment.
New York’s ethics rules restrict representations when a lawyer’s judgment may be affected by personal interests. Steer clear of lawyers with financial ties to title companies or parties in your transaction. The State Bar has long held that a lawyer serving as both a commission-earning broker and an attorney for the buyers in the same transaction creates a non-consentable conflict. This rule has only narrow exceptions, such as when the broker is paid a flat, non-contingent fee or the client is credited with the full commission.
Similar limits apply when a lawyer takes referrals from a broker associated with a real estate company the lawyer owns, because commission splits create divided loyalties and amount to giving “something of value” for referrals.
Affiliated business arrangements are permitted only if strict conditions are met, like providing a written disclosure, not requiring the use of the affiliate, and paying only for services actually performed. Kickbacks and unearned fees remain prohibited. New York’s stricter ethics rules still apply even if RESPA’s disclosure boxes are checked.
Pose a direct question, for instance, “Do you have a financial interest in any party here?” If the response is not a clear “no,” request a full written disclosure and consider engaging separate, impartial counsel for the title and legal work. That is how you get unbiased advice that serves your goals, not someone else’s bottom line.
A good real estate lawyer prevents problems before they start. We disclose any ties in writing, decline representation if our financial interests could limit your rights, and recommend truly independent providers. We can push for the policy terms you need, review exceptions critically, and negotiate only for you.
How to Evaluate a Real Estate Lawyer
If you want to take full advantage of the benefits that legal representation can offer in your impending real estate transaction, you need to know the qualities you must evaluate when choosing a real estate attorney. The right attorney can have a tremendous positive impact on your experience with your transaction, helping you save money when possible and ensuring you make a fully informed decision:
- Professional credentials. The American Bar Association maintains a robust database containing directories of attorneys across the country. Take time to research a potential lawyer and use online resources to verify their credentials and qualifications. You should check an attorneys’ accreditation and any special certifications they have earned, and you should also verify they have not been subject to disciplinary action in the past.
- Experience. How long has the attorney been practicing real estate law? While many new attorneys are talented, enthusiastic, and eager to help their clients with difficult real estate transactions, there is no substitute for solid experience. Before agreeing to a real estate lawyer’s representation, make sure they have significant experience handling cases like yours.
- Availability and responsiveness. Real estate transactions are often demanding processes, and you need to have legal counsel you can rely on to provide ongoing support and guidance. Find out what a potential attorney’s caseload looks like and how much time they can dedicate to handling your case. You should also verify how you can get in touch with your attorney and how often to expect updates on your transaction’s progress.
- Communication skills. The real estate transaction you’re preparing to face could be a life-changing experience. When you meet with a potential attorney, do they seem interested and respectful toward your stated goals and needs? A good real estate lawyer should be able to quickly identify the challenges and opportunities a potential client faces and help the client address these issues effectively.
- Market familiarity. Every real estate market is unique, and you need an attorney who has experience specifically dealing with the market in which your transaction will unfold. For example, if you’re buying or selling real estate in New York City, the area is one of the most volatile real estate markets in the country. You need a real estate lawyer who has been immersed in the local real estate market for many years. They should hold a keen understanding of the market trends and local legal issues that are most likely to influence your case.
Many attorneys who offer representation for real estate transactions offer potential clients low-cost or free initial consultations. Taking advantage of consultation offers is a great way to interview potential attorneys and find the right one for you. During your consultation, ask the potential attorney questions to help you evaluate the aforementioned criteria, and think of additional questions specific to your situation.
Questions to Ask a Real Estate Attorney
It is crucial to find and hire a competent real estate attorney who possesses the necessary knowledge and skills to handle your specific needs. Mere claims of being a real estate attorney do not guarantee their capability to provide the assistance you require. Before entering into an attorney-client relationship, it is vital to ask the attorney relevant real estate law questions to ensure they are the right fit for your situation. Here are some examples of questions to ask:
- Are there any unfavorable clauses in the contract?
Inquire about the presence of contingency clauses that may require specific actions from either party by certain deadlines. It is important to review these clauses to ensure they align with your schedule and negotiate extensions if necessary.
- Do you see any issues with the property, such as title restrictions?
Seek the attorney’s opinion regarding any potential red flags or concerns related to the property’s title. This could include restrictions or liens that might affect the sale and require resolution before closing.
- How much will my closing costs be?
While exact closing costs are determined on the closing day, ask for an estimate to get a general idea of what to expect. It may also be possible to negotiate with the buyer to cover a portion of these costs.
- Do you foresee any legal issues that may arise from this purchase?
Request the attorney’s assessment of potential legal complications that could impact your intended use of the property. This could involve issues with tenants’ rights, Department of Buildings violations, or other legal concerns that may affect your plans.
- Can you walk me through the offering plan/bylaws/Rules & Regulations?
Depending on the type of property you are purchasing, there may be relevant documents such as offering plans or bylaws that require careful review. Ask the attorney to guide you through these documents, pointing out important details or any potential areas of concern.
Asking these relevant questions helps you stay well-informed and receive proper guidance from your real estate attorney throughout the purchasing process. At Avenue Law Firm, our experienced New York real estate lawyers are well-equipped to handle all aspects of your real estate transactions. We understand the importance of clear communication and transparency, which is why we encourage our clients to ask questions to gain a comprehensive understanding of their legal rights and obligations. Contact us to be your trusted partner in securing your real estate goals, and let us guide you every step of the way.
Signs of a Bad Attorney
Not every client-lawyer relationship proves fruitful. Though infrequent, clients may experience difficulties with their attorneys, making it essential to recognize potential warning signs. The following indicators might suggest that it’s time to consider changing your lawyer:
- Insufficient communication: Your calls go unreturned for over 48 hours, updates on your case are scarce, or your lawyer is often unavailable at the office.
- Disorganization: You’re asked to complete identical forms multiple times and your lawyer’s scheduling issues result in late submissions.
- Neglecting your best interests: Your lawyer persistently seeks court extensions without valid reasons, and you receive notices of lapsed filing deadlines, giving the opposing party an edge. Even with the option to appeal, your lawyer fails to clarify these oversights or effectively manage your case.
- Delayed or absent documents: Your lawyer might be preoccupied with other matters or forget to prepare your documents entirely. Although paralegals can help, this shouldn’t lead to delays.
- Conflicting interests: You learn that your lawyer has a personal relationship with the opposing party, which may jeopardize your case due to potential bias. This practice is prohibited to protect clients from prejudiced treatment.
- Disputes with your lawyer: Client-lawyer conflicts can take various forms, including disagreements over undisclosed fees, poor scheduling habits, carelessness, or negligence.
- Finding a more affordable and qualified option: If your lawyer’s fees impose financial stress, it might be time to search for a more cost-effective alternative. Lawyers are ethically bound to charge reasonable fees and cannot demand excessive payments, particularly when their workload is minimal.
Factors That Affect Attorney Fees in NYC
The nature of real estate transactions is variable and can be a factor in the attorney fees you will need to pay at closing. For pre-existing condominium units, co-ops, or homes, the attorney fees can be as straightforward as the transaction itself. Buying a property with cash is simpler since there are fewer documents for the attorney to review and this can make the attorney fees significantly lower.
However, for purchases such as a luxury new development, buying through a corporate structure, purchasing distressed properties, or properties that have title issues, the cost of the legal fees can be higher. This is because of the additional level of detail that the lawyer may have to review or handle.
Most real estate attorneys do not charge an hourly fee. Most charge a one transaction fee, half paid at hiring and half upon closing. Buyers are often reluctant to have a lawyer present early to answer questions regarding a possible purchase. However, it is important to have the skilled advice of a legal professional from the beginning of a transaction.
Although you can get a cheaper price working with an attorney individually or in a general practice firm, it may take longer to prepare documents or receive a callback. When deciding which firm or attorney to hire, make sure you consider the cost of the service and the quality you want. This is especially important for demanding or time-sensitive transactions.
The real estate lawyer fees NYC buyers have to pay are one of the smallest closing costs associated with an NYC purchase. Avenue Law Firm can help you understand what costs you will have to prepare during closing. Call us today to schedule a consultation.
Transparency in Real Estate Attorney Billing: What Clients Should Expect
When engaging with a real estate attorney, clients should expect full transparency in billing practices. They have the right to understand how fees are determined and which specific services they are paying for. This transparency is crucial for building trust and preventing any billing surprises.
A transparent billing system includes detailed invoices that clearly break down the amount of time an attorney spends on various tasks and the fees associated with each. Whether drafting contracts or handling negotiations, every activity should be listed. This not only helps clients track where their money is going but also provides a tangible record of the attorney’s work.
Additionally, real estate transactions often involve extra costs, such as filing fees or expenses for conducting a title search. Clients should receive information about these additional charges upfront. A clear outline of anticipated expenses helps ensure that clients are not caught off guard by unexpected costs.
Maintaining an open line of communication regarding attorney fees and expenses is essential. It allows clients to budget accordingly and fosters a smoother client-attorney relationship. Keeping billing transparent affirms an attorney’s commitment to fairness and accountability, ensuring that all financial aspects of real estate transactions are handled with clarity and integrity.
Discuss Your Real Estate Transaction with Avenue Law Firm
When it comes to finding a lawyer who is right for you, it can be challenging to narrow down your options. If you’re looking to buy or sell property in the future, contact Avenue Law Firm today. Our experienced, award-winning real estate lawyers provide comprehensive, compassionate, and dedicated legal representation to clients throughout New York. We are diligent in protecting your interests and can help you address even the most challenging issues with skill and confidence. Speak with our team today at (212) 729-4090 to advance your real estate journey.
