When buying or selling a home in New York State, hiring a real estate attorney is not just recommended—it’s required by law. Having the right attorney can help you navigate the complexities of real estate transactions, protect your interests, and ensure that the process goes smoothly. Here’s a step-by-step checklist to help you find and hire the best real estate attorney for your needs.
1. Start Your Search Early
- Begin Searching as Soon as Possible: Don’t wait until the last minute to find an attorney. Start researching attorneys once you’ve decided to buy or sell a property.
- Ask for Referrals: Friends, family, or your real estate agent can provide recommendations. Word-of-mouth referrals from trusted sources are invaluable.
- Check Online Reviews: Use websites like Avvo, Martindale-Hubbell, or Yelp to read reviews and ratings of attorneys. Look for consistent positive feedback and satisfied clients.
2. Look for Real Estate Expertise
- Specialization Matters: Make sure the attorney specializes in real estate transactions. Not all lawyers are well-versed in real estate law, and having a specialist is essential in New York, where real estate laws can be intricate.
- Check Their Experience: Ideally, you want an attorney who has handled a significant number of real estate transactions, particularly in the area where you are buying or selling.
3. Verify Their Credentials
- Ensure They Are Licensed: Verify that the attorney is licensed to practice in New York. You can check this on the New York State Unified Court System’s website.
- Check for Disciplinary Actions: Look up their disciplinary record to ensure there are no past or ongoing issues. This information is usually available through the state bar association.
- Look for Professional Associations: Membership in professional organizations like the New York State Bar Association’s Real Property Law Section can indicate that the attorney is well-connected and up-to-date with legal developments.
4. Schedule Initial Consultations
- Interview Multiple Attorneys: Don’t settle for the first attorney you find. Interview at least two or three attorneys to compare their experience, fees, and how comfortable you feel working with them.
- Ask About Their Real Estate Experience: During the consultation, ask how many real estate transactions they handle yearly, and whether they’ve worked on deals similar to yours.
- Assess Their Communication Style: Do they explain things clearly? Are they patient with your questions? You’ll want an attorney who communicates effectively and keeps you informed throughout the process.
5. Discuss Their Fees
- Understand Their Pricing Structure: Attorneys typically charge a flat fee for real estate transactions. Be sure to ask about the total cost and what’s included in their services. In New York, fees for real estate attorneys often range from $1,500 to $3,000, but can vary depending on the complexity of the deal.
- Ask About Extra Costs: Will there be any additional fees, such as for reviewing additional documents, representing you in court (if necessary), or attending extended negotiations? Clarify this upfront to avoid surprises.
- Compare Value, Not Just Price: While it’s tempting to choose the lowest-priced attorney, remember that a more experienced attorney may save you money in the long run by avoiding costly mistakes or delays.
6. Ensure Availability
- Confirm Their Availability: Make sure the attorney has time to take on your case and can meet your timeline. Real estate transactions often require prompt responses to ensure deadlines are met.
- Ask About Their Support Team: Find out if the attorney has paralegals or assistants who will also be working on your case. It’s common for support staff to handle some paperwork, but you want assurance that the attorney will be available for major legal questions and negotiations.
7. Understand Their Role
- Contract Review and Negotiation: Your attorney will review or draft the purchase contract, ensuring that your interests are protected. This includes negotiating contingencies and closing terms.
- Title Search: The attorney will ensure that the property title is clear, with no outstanding liens, judgments, or legal issues that could complicate the sale.
- Coordination with Other Parties: A real estate attorney coordinates with the lender, title company, and the other party’s attorney. They will facilitate communication to keep the deal on track.
- Closing the Deal: Your attorney will attend the closing, where they’ll review the final documents and ensure that the funds and property title are properly transferred.
8. Consider Local Knowledge
- Expertise in Your Area: Real estate laws and practices can vary between NYC, upstate New York, and Long Island. Hiring an attorney familiar with the local market can give you a significant advantage.
- Familiarity with Local Government and Lenders: An attorney who knows the local government offices, mortgage lenders, and title companies can often expedite the process and solve problems faster.
9. Ask About Ongoing Communication
- Clear Communication Plan: Ask how often and through what method your attorney will communicate with you. Will they send regular updates via email? Are they available for phone calls if you have urgent questions? Good communication is key to a smooth transaction.
- Timeliness of Responses: Ensure the attorney responds promptly to calls and emails. Real estate deals often move quickly, and delayed communication can create problems or unnecessary stress.
10. Finalize the Agreement
- Review the Engagement Letter: Once you’ve chosen an attorney, they’ll provide an engagement letter outlining their services and fees. Review this document carefully to ensure it aligns with what was discussed during the consultation.
- Sign the Agreement: After confirming everything, sign the agreement and officially retain the attorney for your real estate transaction.
11. Stay Involved in the Process
- Stay Engaged: While your attorney will handle the legal side of the transaction, it’s important that you remain involved. Attend meetings, ask questions, and keep an eye on deadlines.
- Review All Documents Carefully: Don’t be afraid to ask your attorney to explain any legal jargon you don’t understand. Before signing, ensure you know exactly what you’re agreeing to.
Hiring the right real estate attorney in New York is crucial for ensuring a smooth and legally sound home-buying or selling experience. By following this checklist and asking the right questions, you can find an attorney who fits your needs, understands your goals, and will advocate for your best interests throughout the process. With the right legal guidance, you’ll be well on your way to a successful real estate transaction in New York!