New York Residential Real Estate Attorney

Most New Yorkers move only a handful of times in their lives, and each residential real estate transaction carries rules that do not exist anywhere else. Co-op boards that can approve or deny a buyer for almost any reason. Transfer taxes stacked on transfer taxes. Offering plans, proprietary leases, and a Property Condition Disclosure Act that was substantially rewritten in March 2024. Whether you are buying your first apartment, selling the home where you raised your children, or transferring title to a family member, the legal side of the deal is where mistakes get expensive.

Gerard Law Firm is a Brooklyn-based residential real estate practice serving buyers and sellers across the five boroughs, Long Island, and Westchester. From our office in Mill Basin Brooklyn, we handle house, condo, and co-op transactions of every kind. You work directly with your attorney from the first call through closing, and we quote our fees upfront.

When Does New York Require a Lawyer in a Residential Real Estate Transaction?

New York does not have a statute that mandates an attorney at every residential closing, yet in practice, a lawyer is needed on both sides. Real estate brokers are prohibited from drafting contracts, mortgage lenders require borrowers to have counsel, and downstate custom treats attorney representation as standard. Proceeding without a lawyer in New York City is virtually unheard of.

The legal framework makes attorney involvement functionally mandatory. Only a licensed attorney may draft a contract of sale; when a broker does this work, it is the unauthorized practice of law. Banks and credit unions financing a residential purchase require the borrower to have counsel before they will fund the loan. And in downstate New York, the seller’s attorney is the party who typically drafts the contract — so a buyer without representation is negotiating against a lawyer who works for the other side.

Closing a home purchase or sale in Kings County, Queens County, or Richmond County without an attorney is not practical, even if it is not technically prohibited. Both the New York State Bar Association and the New York City Bar treat attorney representation on both sides as the baseline.

What Types of Residential Real Estate Matters Does a New York Attorney Handle?

A residential real estate practice in New York covers sales and purchases of single-family houses, condominiums, and cooperative apartments, as well as refinances, deed transfers between family members, inherited property transitions, contract drafting for private sales, foreclosure defense, and post-closing issues involving recording delays, unresolved liens, or title disputes.

Gerard Law Firm represents clients across the full range of residential matters:

• Residential sales — Homeowners selling a house, condo, or co-op anywhere in the greater New York City area
• Residential purchases — Buyers acquiring a first home, move-up property, or investment residence
• First-time home buyer representation — Extended counsel for buyers unfamiliar with the closing process
• Contracts and closings — Legal work for private sales, family transfers, cash transactions, and other deals that fall outside a standard brokered sale
• Refinances — Representation through the closing of a new mortgage on property you already own
• Deed transfers — Title transfers between family members, gifts, and estate-related conveyances
• Foreclosure defense — Representation for homeowners facing mortgage default or scheduled foreclosure sale

How Are House, Condo, and Co-op Transactions Different in New York City?

A house sale conveys fee simple title to real property through a deed. A condo sale also transfers fee simple ownership, but to an individual unit governed by the condominium’s offering plan and bylaws. A co-op transaction is legally a sale of stock shares in a corporation plus a proprietary lease (not real property) and requires board approval.

The three ownership structures in New York City residential real estate look similar from the outside; all three give you a place to live, but the legal mechanics behind each are fundamentally different. That difference shapes the attorney’s work on the deal.

House and condo transactions both transfer fee simple ownership. For a house, the seller conveys title to the land and the structure through a deed recorded with the county clerk through ACRIS covers Brooklyn, Queens, Manhattan, and the Bronx; Staten Island records through the Richmond County Clerk; and properties on Long Island or in Westchester record with the relevant county clerk’s office. A condo transfers ownership of an individual unit rather than an entire parcel, subject to the building’s offering plan, bylaws, and house rules. 

Your attorney reviews the offering plan, recent financials, and board minutes before the contract is signed. Condo boards generally have a right of first refusal, but typically cannot reject a qualified buyer outright.

Cooperative apartments are a different legal creature entirely. Buying a co-op in Forest Hills or on the Upper West Side does not make you the owner of real property — it makes you a shareholder in the corporation that owns the building, and the shares come with a proprietary lease giving you the right to occupy a specific apartment. Co-op purchases require:

• Board approval through a formal application and interview process
• Higher down payments, typically 20 to 30 percent of the purchase price
• Review of the co-op’s financial statements, offering plan, and years of board meeting minutes
• Purchase of shares rather than a deed, documented by a stock certificate and proprietary lease

What New York Laws Govern Residential Real Estate Transactions?

The governing framework includes the Property Condition Disclosure Act (Real Property Law § 462), the Statute of Frauds (General Obligations Law § 5-703), the New York State and New York City transfer tax statutes under Tax Law Article 31, and the professional conduct rules that prevent a single attorney from representing both buyer and seller.

Real Property Law § 462 — the Property Condition Disclosure Act — requires sellers of one-to-four family homes to deliver a Property Condition Disclosure Statement before the buyer signs a binding contract. The law changed on March 20, 2024: the old $500 credit option was eliminated, and flood-related questions were added. An amendment effective July 1, 2025, added language about septic systems. Condominiums and cooperative apartments remain exempt.

General Obligations Law § 5-703 — the Statute of Frauds — requires contracts for the sale of real estate to be in writing and signed. Verbal agreements to buy or sell a home are not enforceable in New York, no matter how detailed.

Tax Law Article 31 governs the New York State real estate transfer tax (0.4 percent for residential sales under $3 million, 0.65 percent above) and the “mansion tax” that applies to residential sales of $1 million or more. New York City adds its own Real Property Transfer Tax — 1 percent for residential sales under $500,000 and 1.425 percent at or above that threshold.

Rules of Professional Conduct 1.7 prohibit an attorney from representing both buyer and seller in the same transaction. The parties are adverse on price, contingencies, and risk, and a single lawyer cannot advocate for both.

What Does a Residential Real Estate Attorney Do from Contract to Closing?

From contract through closing, your attorney drafts or reviews the contract of sale, conducts or responds to due diligence and title review, coordinates with lenders, title companies, and co-op or condo management, holds funds in escrow, prepares or reviews every closing document, represents you at the closing table, and ensures the deed is properly recorded after the transaction.

A residential transaction moves through five phases. Before the contract, your attorney reviews the listing agreement or the property’s legal documentation — for a condo or co-op, the offering plan, bylaws, and board minutes. At contract, the seller’s attorney drafts the agreement and rider, the buyer’s attorney negotiates revisions, and the buyer typically delivers a 10 percent down payment into escrow. 

During due diligence, the buyer’s attorney orders a title report, raises objections to liens, and negotiates inspection issues; for co-ops, the board package is submitted. Pre-closing, your attorney verifies the mortgage commitment, obtains payoffs on existing loans, and calculates the closing numbers. At the closing, the attorney walks you through every document; afterward, the deed or stock certificate is recorded or delivered.

How Long Does a Residential Real Estate Transaction Take in New York?

A New York house sale typically closes 60 to 90 days after an accepted offer. Condominium purchases run 60 to 90 days as well. Co-op transactions take longer, usually 90 to 120 days, because of the board application, package review, and interview. Cash deals without financing contingencies close faster, sometimes in 30 to 45 days.

Timing depends on property type, whether the buyer is financing, and how quickly the board or management company approves the deal:

• House purchase with financing: 60 to 90 days from accepted offer to closing
• Condo purchase with financing: 60 to 90 days, plus two to three weeks for board review and right of first refusal
• Co-op purchase with financing: 90 to 120 days, with the board package and interview adding several weeks
• All-cash purchase: 30 to 45 days for a house or condo; 60 to 90 days for a co-op

New York contracts use “on or about” closing date language, and either side can request a reasonable postponement. If delays become unreasonable, your attorney can send a “time is of the essence” letter setting a hard deadline, typically with at least thirty days’ notice.

What Common Issues Come Up in Residential Real Estate Transactions?

Transactions can be complicated by undiscovered liens, unresolved Department of Buildings violations, low appraisals, mortgage contingency disputes, co-op board rejections, last-minute closing postponements, unreleased prior mortgages, and title defects inherited from old deed errors. An experienced attorney identifies these issues early and resolves them before they threaten the deal.

Every residential deal in New York comes with the potential for problems. The most common:

• Unreleased prior mortgages — An old refinance was never properly recorded as satisfied, and the prior lender’s lien still appears on the title
• Open DOB violations — The New York City Department of Buildings has an open violation or permit that must be cleared before closing
• Appraisal shortfalls — The lender’s appraiser values the property below the contract price, creating a financing gap
• Co-op board rejections — The board declines the purchaser, triggering the return of the down payment and cancellation of the contract
• Mortgage contingency deadlines — The buyer’s financing is delayed past the contractual deadline, requiring an extension or risking cancellation
• Estate complications — The property is being sold by heirs, but the estate has an unprobated will, missing letters testamentary, or a deed that was never transferred after a prior death

How Much Does a Residential Real Estate Attorney Cost in New York City?

Most New York City residential real estate attorneys charge either a flat fee or bill hourly. Some firms advertise a flat fee but add charges at closing that were not disclosed up front. Gerard Law Firm quotes fees at the outset with no surprises at the closing table.

Fee structures vary. Flat-fee pricing is common for houses and condos, with hourly billing used on more complex transactions involving estate issues or multi-party deals. Co-op closings are sometimes priced separately because of the additional work on the board package and interview.

Fee transparency is where firms diverge. Some attorneys quote a low flat fee at engagement but add charges at closing for document preparation, title coordination, or what gets labeled as “complexity.” Gerard Law Firm quotes a full fee at engagement, identifies any situation that might trigger an additional charge, and walks through the closing statement with you before closing day. The first consultation is free.

Why Work with Gerard Law Firm on Your Residential Real Estate Matter?

Gerard Law Firm represents buyers and sellers of houses, condos, and co-ops across Brooklyn, Queens, Staten Island, the Bronx, Manhattan, Long Island, and Westchester. You work directly with your attorney from the first consultation through closing (not a paralegal or a case manager), and the fee is quoted at engagement with no charges added at the closing table.

We built the practice around how a residential real estate matter should actually feel: direct access to the attorney handling your deal, honest pricing, and preparation that shows up at the closing table. A few things that set our approach apart:

• Direct attorney contact throughout — The attorney who drafts your contract and sits beside you at closing is the same attorney you talked to on your first call
• Flat-fee pricing for standard transactions — Quoted upfront, with any potential add-ons disclosed before engagement
• Long closing history — Hundreds of residential closings handled over more than a decade, including multi-million dollar transactions

Ready to Talk? Schedule a Free Consultation

Whether you are buying your first apartment, selling a home, refinancing, or working through a private transfer, Gerard Law Firm is ready to help. The first consultation is always free, and we quote our fees before the engagement begins.

Call us at (917) 847-7923 to schedule your free consultation. 

Or contact us online: www.gerardlawfirm.com/contact

Frequently Asked Questions (FAQs)

Can one attorney represent both the buyer and the seller in a New York real estate transaction?

No. The New York Rules of Professional Conduct prohibit a single attorney from representing parties with directly adverse interests. Buyer and seller are always adverse on price, contingencies, and risk allocation, so both sides must retain separate counsel.

Do I need a real estate attorney for a private sale between family members?

Yes, even when the price and terms are already agreed. Transfer taxes still apply, the deed must be properly drafted and recorded, and title issues can surface in family transfers just as they do in arm’s-length sales. Skipping legal review on a family deal creates problems that often surface years later at the next sale.

Can I close on my New York home if I am out of state on the closing date?

Yes. Your attorney can prepare a power of attorney authorizing someone to sign on your behalf, or, in some cases, arrange for closing documents to be pre-signed and held in escrow until the closing date. The power of attorney must meet New York’s execution requirements and the title company’s conditions.

Does New York require title insurance?

Title insurance is not legally required, but virtually every mortgage lender requires it as a condition of the loan. Even for all-cash purchases, declining title insurance is rare — the one-time premium protects against defects that did not show up in the title search, from forged prior deeds to undiscovered heirs.

What happens if a co-op board rejects my purchase application?

The standard co-op purchase contract is contingent on board approval. If the board rejects the application, the contract is cancelled, and the down payment is returned to the buyer. Boards can reject applicants for almost any reason, provided the rejection does not violate federal, state, or city anti-discrimination laws.

Can I use the same attorney for my sale and my next purchase?

Yes, and many of our clients do. Selling your current home and buying another is a back-to-back transaction that benefits from one attorney coordinating both sides; timing the closings, using the sale proceeds to fund the purchase, and handling the logistics around possession. There is no conflict when the same lawyer represents you on both of your own deals.