A single-family house with a front lawn and mature trees

Practice Area

Brooklyn Real Estate Attorney

Purchases, sales, closings and title matters for residential and commercial property across Brooklyn, Staten Island and New York City.

Where People Usually Start

For most people a home is the largest transaction they will ever sign, and in New York it runs on a negotiated contract rather than a standard form. Deals come apart over financing contingencies, title defects that surface late, co-op boards that say no, and closing dates that slip. What you agree to in the contract decides what happens when something goes wrong.

How we can help

Real estate generally refers to ownership or use of land. Civil law covers the right to possess, use and enjoy land and the permanent man-made additions attached to it, and real estate law is a branch of civil law.

Real estate law governs the rights and interests in real estate and real property, both commercial and residential, and provides protections for buyers, sellers, land owners, developers, contractors, and real estate agents.

Buying and selling real estate

Buying and selling real estate can be a smooth and convenient process with the help of an experienced real estate consultant. A number of issues can occur and flush away the joy of dealing with real estate. A professional can anticipate and help you prepare for them. Some aspects of buying and selling real estate include:

  • Due diligence
  • Financing
  • Mortgage approval
  • Contracts
  • Title matters
  • Inspections
  • Closings
  • Co-op approval
  • Sales
  • Purchases
  • Leasing and other transfers of real estate and real property
  • Title to real property
  • Landlord/tenant issues
  • Property development
  • Settlement of claims against property rights
  • Zoning and land use
  • Related agriculture issues and environmental compliance
  • Financing, mortgages, and foreclosures
  • Real estate investments and various other related topics

Why this needs a lawyer

New York is an attorney state for real estate: contracts of sale are drafted and negotiated by counsel, and closings are attended by attorneys on both sides. Beyond custom, the contract is what allocates risk — who bears the cost of a title defect, what happens if the appraisal comes in low, when the deposit is refundable. Those terms are negotiated once and govern for the life of the deal.

Real Estate Law — common questions

Do I need an attorney to buy or sell a home in New York?

In practice, yes. New York is an attorney-state for real estate: contracts of sale are prepared and negotiated by counsel rather than filled in from a standard form, and closings are attended by attorneys for both sides. Buying or selling without one is unusual here and leaves you negotiating contract terms on your own.

What does a real estate closing actually involve?

The closing is the meeting where title transfers. Funds are disbursed, the deed and mortgage documents are signed, adjustments for taxes and fuel are calculated, and the transfer documents are sent for recording. Most of the real work happens in the weeks before — contract negotiation, title review, and clearing whatever the title search turns up.

How are property records recorded in New York City?

For Manhattan, the Bronx, Brooklyn and Queens, documents are recorded with the Office of the City Register through ACRIS. Staten Island is the exception — property documents there are recorded with the Richmond County Clerk rather than through ACRIS.

What is a title search and why does it matter?

A title search examines the recorded history of the property for anything that would interfere with clean ownership — prior mortgages that were never satisfied, judgments, liens, easements, or errors in an earlier deed. Problems found before closing can usually be cleared. Problems found after closing become yours.

What makes buying a co-op different from a condo or a house?

In a co-op you are buying shares in a corporation and a proprietary lease, not real property. That means board approval, a board package, and often an interview. The building's financial condition and house rules matter as much as the apartment itself, so the offering plan and board minutes are worth reviewing before you commit.

I am a landlord with a tenant problem. Where does that get handled?

Most residential landlord-tenant disputes in New York City are heard in Housing Court, which is part of the Civil Court in each borough. The procedures and notice requirements are strict, and a defective notice is one of the most common reasons a case gets dismissed and has to start over.

What happens if the seller wants to back out after the contract is signed?

That depends entirely on what the contract says. A signed contract of sale is binding, and the remedies available — retaining the down payment, suing for specific performance, or walking away — turn on the specific clauses and on which contingencies have or have not been satisfied.

The answers above are general information about real estate law in New York, not legal advice, and do not create an attorney-client relationship. Every matter turns on its own facts.

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