Real Estate Law

Experienced Real Estate Lawyers Serving Westchester, Putnam, Rockland and Fairfield County

Real estate transactions can range from simple to complex. However, legal implications abound in every instance. When there are two parties – such as a buyer and a seller or a landlord and tenant – there are competing interests. Even single party transactions might impact the property rights of neighbors, which prompts municipality concerns.

As a result, 21 states – including New York, New Jersey and Connecticut – require attorneys for most real-estate transactions. There are templates that can be downloaded and customized for certain simple legal transactions.

However, buying a home may be the biggest investment most consumers face. The savings realized from a DIY approach can quickly evaporate and morph into a huge liability when problems arise.

Financed transactions – such as mortgages or construction loans – likewise require legal documentation. A lender-required lawyer is obviously going to prioritize the rights of the lender. It might not be the best idea to rely on a professional who has other parties’ best interests at heart. To avoid a conflict of interest, an attorney cannot represent both the buyer and seller of the same transaction.

If you have experience buying or selling property, perhaps you can skimp on your legal representation. To increase the likelihood that the legal transfer of property goes smoothly, a real estate lawyer is recommended.

The advantage of an experienced advocate who can anticipate problems or provide equitable solutions expeditiously cannot be overstated.

What Is Real Estate Law?

Real estate law concerns civil legal practice related to land and improvements thereon. It covers various facets of the real estate industry – including the use and conveyance of land regarding zoning laws, property rights and ownership latitude.

The most straightforward real estate exchanges include:

Other more complex matters often appearing in real estate deals include:

At closing, you will have to sign several legally binding documents that can run hundreds of pages each. The lender, the title company, and the opposing party will have thousands, if not millions on the line. They will have advocates guarding their interests. The downside of a mistake can span tens of thousands, if not more.

What happens if the buyer tries to pursue a higher offer just before the closing? How will you settle a defect manifested during an inspection? Will terms adjusted at closing still be covered by title insurance? Forgoing an attorney could result in an open-ended liability, an incomplete deal, or a host of other headaches.

Not having an attorney can be expensive. So, how much does a real estate attorney cost? Just as importantly, how to choose a real estate lawyer?

The Cost and Selection Criteria of a Real Estate Attorney

Some lawyers charge by the hour — from $150 to $500. Others charge flat fees for specific real estate transactions, with typical services ranging from $500 to $2,000. Before signing any agreements, ask questions about retainers, estimates, standard services, and extra charges for things outside of scope. Be advised that you will be expected to pay real estate attorney fees at or before the closing.

A lawyer should advocate for your interests. If you end up spending a bit of time with them, you will want to feel confident and comfortable. Therefore, choose a lawyer carefully.

Here are a few other questions you could use in your evaluation process:

Most importantly, you want a real estate attorney who can identify unexpected problems and offer effective resolutions before closing.

Responsibilities of Real Estate Lawyers

This list is not exhaustive, but does cover the range of typical tasks expected of real estate attorneys:

Prepare or review documents relating to purchase agreements, mortgage documents, title documents, and transfer documents.
Ensure that the transfer is legal and binding at the closing, whether in-person or virtually.
Transfer of funds, including deposits and filing of paperwork, such as recording a mortgage
Address real estate disputes, such as title discrepancies, property easements, or zoning variances among other contractual matters
Provide representation in court or for mediation
Draft leases, sub-leases or other rental agreements
Review construction loans
Enforce or highlight covenants
Confirm ownership and the right to convey or purchase property
Identify liens or other claims against the property
Making any deed or homeowner association restriction(s) manifest
Prorate taxes or utility charges accordingly
Collect and verify official identification
Conflict resolution
Estate sales or distributions from an inheritance, divorce settlement, or debt settlement
Foreclosures

Real estate attorneys can provide consultation related to FSBO (for-sale-by-owner) deals, including drafting documents.

Real estate is a costly and complex investment. Avoid landmines and protect your interests by engaging experienced and competent representation before problems arise. Are you considering a real estate transaction? If so, get a jumpstart on evaluating your real estate legal representation by giving us a call at (914) 251-0100.

Read What Our Clients Have to Say

James Schunk

I have had the pleasure of working with Brett Lando and Lee Wagner, residential real estate attorneys, and their service has been exceptional. Their expertise, clear communication, attention to detail, and dedication to client satisfaction make them invaluable partners. They simplify complex legal matters, respond promptly, and ensure transparent transactions. Their professionalism and commitment to ethical standards are commendable. I highly recommend Brett and Lee to anyone seeking top-tier residential real estate legal services. They have consistently exceeded my expectations as a realtor broker-owner.

Vin Sarno

Brett Lando is the best. My wife and I have worked with her twice now – Brett’s expertise, diligence and approachability made the purchase of our first house such an easy and stress-free experience that we immediately knew who to call when we found our new home. Brett is on top of everything and always incredibly quick to respond to any inquiry. Highly recommended!

Camille Sanandaji

Lee Wagner was amazing for our first home purchase. There were many obstacles that came up throughout the process and Lee was on it! Super quick turnaround time and extremely responsive. Managed the seller’s side gracefully, given that the bank pushed back the closing date multiple times.

Contact The Law Office of Gahagan, Lando & Wagner, LLP

Optimized by Seraphinite Accelerator
Turns on site high speed to be attractive for people and search engines.

Call Us At