Real Estate Lawyer NYC

The New York City real estate market is notoriously complex and highly competitive, making it one of the most expensive areas to buy or sell property in the world. With so much money at stake, it is critical to have a skilled and experienced real estate lawyer on your side. 

At Moshes Law, P.C., we provide invaluable guidance and representation throughout commercial and residential real estate processes, ensuring that all legal requirements are met and your interests are protected. From negotiating the terms of a sale to conducting due diligence on the property, our real estate attorneys can help you navigate the complexities of the New York and New Jersey real estate market.

How Can a Real Estate Attorney in NYC Help You?

 

Real estate lawyers are legal professionals who guide and assist clients in matters related to real estate transactions, property ownership, and disputes. They can help with drafting and reviewing contracts, negotiating deals, performing title searches, resolving property disputes, handling zoning and land use issues, and working on cases involving misrepresentation and/or nondisclosure of defects concerning the purchase of a property.

Commercial and residential real estate lawyers specialize in the following:

• Title insurance
• Purchase and sale agreements
• Closings
• Land use, zoning, and easements
• Site plans, permits, and environmental compliance
• Mortgage and foreclosure
• Homeowner association law (HOA)
• Formation of ownership entities
• Real estate litigation, including breach of contract, lease disputes, construction litigation, and property disputes.

Other common instances for which a real estate lawyer is necessary are:

• Legal claims have been made against your prospective property that must be satisfied and resolved prior to a sale
• Problems show up with the title. For example, the driveway is shared equally by the house you want to purchase and the neighboring house, but that isn’t stated in the title.
• You plan to rent out the cottage behind the house you’re buying and want to make sure that all local and state rules are complied with and satisfied
• You need to draft a private loan from a relative or friend to make the purchase.
• You purchase the house jointly with other third parties and wish to draft a co-buyer agreement documenting how the title will be held
• You’re buying a house that is in probate, foreclosure, or a short sale
• And one of the most common, the seller is trying to get out of the deal, and you suspect they simply got a better offer

When buying properties in NYC, it is crucial to have the assistance of a real estate lawyer to prevent any potential issues that may arise, including title problems, disclosure discrepancies, property tax concerns, or transactional discrepancies.

Do I Need a Lawyer to Buy a House?

Technically, you do not need a lawyer to buy a house, but it is highly recommended that you hire one. Purchasing a home is one of the biggest investments most people make in their lifetime. It can involve many complex legal and financial issues that may be difficult for individuals without specialized knowledge. For NYC residents purchasing high-value homes, having a real estate lawyer on your side is even more advisable.

Do I Need a Real Estate Attorney to Sell My House?

While it is not required by law to hire a real estate attorney to sell your house, it is highly recommended that you do so. A real estate attorney can provide valuable guidance and legal expertise, helping to ensure that your transaction goes through seamlessly and that your legal rights and interests are protected. Failure to secure an attorney, especially for high-value transactions, could result in significant legal and financial risks, including but not limited to disputes, contract breaches, and potential loss of assets or investments.

When is the Right Time to Hire an NYC Real Estate Lawyer?

The short and simple answer is as soon as possible. Although many real estate transactions are ordinary and are so standardized that you think you can just download a form of the internet, that is the worst mistake possible. There are various legal issues that may arise where your real estate agent can’t answer and you’re going to need an attorney’s help.

Although a real estate agent may know a lot about the negotiating and contracting part of the process, they can’t make judgments on real estate law questions. Here’s an example. What if your soon-to-be new home has an illegal in-law unit with an existing tenant whom you want to legally evict in order to rent the place to a close friend? In reality, only a real estate lawyer can tell you with any certainty whether your plans are actually viable.

Another example would be if you’ve had a judgment filed against you or you’ve filed for bankruptcy, it’s in your best interest to consult New York real estate lawyer for advice.

A residential real estate attorney in New York City can also be a major asset to a real estate team dealing with a property that’s part of someone’s estate, one that’s located in an area vulnerable to a natural disaster or a property that has an issue with termites, lead or another environmental contaminant.

Here’s another example. What if you’d like to rent the home for an extended duration, such as a year or two, before you’re legally obligated to buy it? This will require drafting up a unique and unusual lease.

Or, for example, if you’re drafting any unusual language for the purchase contract, or are concerned about some language in your mortgage, you may want to have a real estate attorney look the documents over.

Having a real estate lawyer in New York State can be particularly helpful if you’re trying to buy or sell a commercial property since the rules regarding tenant relationships and a company’s tax filing status can be quite complex.

A final example is if you come across a great deal with a seller who’s selling their home very inexpensively and present you their own contract-for-deed. You’ve read the contract over and think that it’s a standard contract and that as long as you pay the monthly payments, the house will eventually belong to you. WRONG.

In the above example, you’d be a fool not to hire an experienced NYC real estate attorney who will go line by line through the contract and decide whether it’s written in your favor or not. Oftentimes, such contract is always written in favor of the Seller, but an experienced New York City real estate lawyer will pick up on the details and suggest their own clauses and language to protect you to make sure that you’re not throwing away your monthly payments for nothing.

How to Find the Right NYC Real Estate Attorney for Me?

Probably the most important decision for you when it comes to property is deciding which attorney is for you. There are various factors in deciding how to hire the right attorney. Although you may think the price is definitely a consideration, the most important factor is experience.

Having an experienced New York real estate attorney in your corner will give you the edge and may set the difference between having some legal issue be held against you by which you will have to pay thousands of dollars to get yourself out of the hole versus having no legal consequences. Be aware of the rules that govern a proper attorney-client relationship.

When it comes to legal matters, especially real estate in New York, NY (Manhattan, Brooklyn, Queens, Staten Island or the Bronx) and Long Island, you want to be pro-active as much as possible and do everything you can to protect yourself from any potential pitfalls and dangers.

Accordingly, when you are meeting with potential attorneys, you’ll want to ask important qualifying questions when interviewing potential real estate law firms. One question to ask for is if the attorney you are interviewing actually practices and specializes in real estate lawyer services in New York City.

Although an attorney has the ability to practice in any area of law, that does not necessarily mean that they practice in a particular area. There are many different types of attorneys. Some attorneys practice criminal defense while other are injury lawyers and primarily only represent people who have been injured in accidents.

You’ll want to find an attorney in real estate law. Another question to ask is if they do practice real estate law, what percentage of their practice deals just with real estate.

Obviously, if an attorney tells you that they do in fact practice real estate, you’ll want to know what actual percentage it consists of. If that attorney only practices real estate in a limited amount or it only represents a small portion of their practice, you’ll want to take that into consideration. As a general rule of thumb, you’ll want an attorney in which at least thirty percent of their practice constitutes the real estate.

Similarly, another question to then ask is how many real estate cases they’ve handled. Even though a realty attorney may tell you that half of their practice consists of real estate, if the actual number of cases is limited, you’ll want to know that when making such an important decision. Accordingly, don’t be afraid to ask the attorney how much actual real estate cases they’ve handled.

Furthermore, don’t be afraid to try to pin the attorney down and give you an actual number instead of just a general answer like “many” or “a lot.” You’re trying to have the best advocate in your corner so such questions are not out of line.

Finally, you’ll want to discuss your legal situation or issue with the attorney. Tell the attorney what you’re wanting to do and what advice their thoughts are in regards to how they think they may be able to help you. If after talking with them you feel like they are knowledgeable, experienced, and compatible enough to deal with, you may have found your right match.

At the Law Office of Yuriy Moshes, we have both the experience and know-how to meet our clients’ needs. We represent: owners, buyers and estate brokers in residential real estate development, transactions and disputes, such as:

• Title insurance
• Purchase and sale agreements
• Land use, zoning, and easements
• Site plans, permits, and environmental compliance
• Closings
• Mortgage and foreclosure
• Homeowner association law (HOA)
• Formation of ownership entities
• Residential real estate
• Real estate litigation, including breach of contract, lease disputes, construction litigation, and property disputes.

Don’t hesitate to contact us for a free real estate legal advice. Our New York City real estate lawyers handle every aspect of the sale or purchase, from the initial offer to the final closing.

We guide clients through the process from beginning to end, and are readily available to answer questions and address concerns in the greater New York City area including all its boroughs (Manhattan, Brooklyn, Queens, the Bronx, and Staten Island) as well as Northern New Jersey, Long Island, and upstate New York.