Real Estate Attorney in NYC: What They Do and When to Hire One

If you are buying or selling a home in New York City, a real estate attorney in NYC is the person who turns an accepted offer into a signed, enforceable contract and then carries that contract to the closing table. In most of the country, a title or escrow company does much of that work. In the city, and in Queens in particular, the attorneys do it, one for each side, and the deal moves at the pace their paperwork moves.

I have worked with buyers and sellers in Queens, Brooklyn and Long Island for 15+ years, in English and Polish. On every sale I coordinate, the attorneys are the people I talk to most after the clients themselves. This guide explains what each attorney does, when to bring one in, what the contract and the escrow deposit involve, what changes for co-ops, condos, two-family houses and estate sales, how fees are usually quoted, and how to check the attorney you are about to hire.

What does a real estate attorney in NYC actually do?

A residential real estate attorney represents one party to the sale and protects that party’s legal and financial position from the accepted offer to the recorded deed. The work is mostly paperwork and negotiation: reading documents, asking questions, writing changes into the contract and making sure money moves only when it should.

In a typical New York City home sale, three attorneys can be involved. Each has a different client and a different job.

The seller’s attorney

The seller’s attorney usually writes the first draft of the contract of sale and sends it to the buyer’s attorney. That attorney answers the buyer’s questions about the property, holds the buyer’s down payment in an escrow account in many transactions, gathers the documents needed to deliver clear title, pays off the seller’s mortgage at closing and prepares the deed and the transfer tax forms.

The buyer’s attorney

The buyer’s attorney reviews and negotiates the contract, orders the title report through a title company, reviews the survey and the city searches, and for a co-op or condo reads the building’s documents and financials. That attorney also tracks the mortgage commitment, raises objections when something turns up, reviews the closing figures and represents the buyer at the closing.

The lender’s attorney

When the buyer takes a mortgage, the lender often has its own attorney. That attorney represents the bank, not the buyer. The bank’s attorney prepares the loan documents, confirms that the lender’s conditions are met and attends the closing to sign off on the loan. The buyer usually pays that attorney’s fee as part of the closing costs, but the buyer is not that attorney’s client.

The difference matters. The New York State Attorney General’s office, in its advice for homeowners, says it is not a good idea to use an attorney provided by the seller or the lender. Your attorney should work only for you.

Do you need a real estate attorney to buy or sell a house in New York?

No statute in New York says that a buyer or a seller must hire an attorney to complete a home sale. In practice, in New York City and the surrounding counties, nearly every residential sale has an attorney on each side, and the system is built around that expectation. Sellers’ attorneys draft contracts, buyers’ attorneys negotiate them, and lenders, title companies and co-op managing agents expect to deal with counsel.

The New York State Attorney General’s guidance for homeowners tells buyers to have their own attorney review all contracts and loan documents before they sign, and to ask their attorney about any provision they do not fully understand. That is the plainest official statement on the question.

What a real estate agent can and cannot do

A licensed real estate agent or broker finds and markets homes, prices them, negotiates the offer and coordinates the people involved. An agent is not an attorney and cannot give legal advice. The state’s required agency disclosure form under Real Property Law Section 443 says it directly: if you need legal, tax or other advice, consult with a professional in that field.

In practical terms, I negotiate the price, the closing timeline I expect, and the main terms of the offer, then I send a deal sheet to both attorneys. The attorneys turn that sheet into a contract. When a buyer asks me whether a clause protects them, my answer is always the same: that is a question for your attorney, and here is how to phrase it.

Selling without an attorney

A seller who asks “do I need a real estate attorney to sell my house” is usually trying to save the fee. The risk is that the seller’s side of the contract then has no one checking it. The buyer’s attorney will write changes that protect the buyer, the lender will ask for documents the seller has never heard of, and the deed and transfer tax forms still have to be prepared correctly to record. If you are already selling without an agent, our guide to selling a house without an agent in New York explains why the attorney becomes even more important in that case.

Why an accepted offer is not a deal yet in NYC

This is the part of the process that surprises buyers who have bought elsewhere. In New York City, an accepted offer is not a binding agreement. Under General Obligations Law Section 5-703, a contract for the sale of real property has no effect unless it is in writing and signed by the party it is meant to bind. Until the seller and the buyer have both signed the contract of sale, either one can walk away.

That means the days between the accepted offer and the signed contract are the most fragile part of the sale. A seller can still receive and accept a higher offer. A buyer can still back out after a bad inspection or a second thought. Nothing in the deal sheet stops either one.

Where the time goes in that gap

After the accepted offer, the seller’s attorney prepares the contract. The buyer usually completes the home inspection during the same window, and the buyer’s attorney reads the contract, reviews what the inspector found and any records already available, and sends back changes. The two attorneys negotiate, and when they agree, the buyer signs first and sends the down payment. The seller signs last, and the contract is then binding.

The speed of that gap depends almost entirely on how fast both attorneys respond and how ready the seller’s paperwork is. The gap tends to be shortest when both clients hired their attorneys before the offer was made, and longest when someone starts looking for an attorney only after the offer is accepted.

What this means for you

• Buyers: have an attorney lined up before you make offers, and schedule the inspection right away, so you can sign quickly once you are ready.
• Sellers: hire the attorney when you list, not when you accept an offer, and give that attorney your documents early so the contract goes out within days.
• Both: keep your phone on during this stretch. A question that sits unanswered for days is one of the easiest ways for this window to drag on, and every extra day gives either side time to reconsider.

Our guide to how long it takes to close on a house in NYC breaks down each stage of the timeline after the contract is signed.

When should you hire a real estate attorney?

The short answer for both sides is earlier than you think. The attorney is not a closing-day formality. Most of the attorney’s real value comes before the contract is signed, when terms can still change.

Buyers: before you start making offers

Pick your attorney while you are still looking at homes. When your offer is accepted, the agents will ask for your attorney’s name and contact details for the deal sheet. If you do not have one, the seller’s attorney cannot send the contract, and the seller keeps showing the house. For first-time buyers, our first-time home buyer guide for Queens shows where the attorney fits among the lender, inspector and agent.

Sellers: when you sign the listing agreement

A seller’s attorney can start gathering documents and checking for title or record problems before the first showing. That early work is what keeps the contract from stalling. If an old mortgage was never marked satisfied, if the deed is still in a late parent’s name, or if the certificate of occupancy does not match the house, the attorney has time to start fixing it before a buyer is waiting.

Estate and probate sales: before anything else

If the house belongs to someone who has died, the attorney comes first, before pricing and before listing. Someone needs legal authority to sell, which in Queens usually means letters from the Queens County Surrogate’s Court, and the attorney is the one who confirms what authority exists and what the court requires. Our page on probate and inherited home sales explains how that process and the sale fit together.

What the buyer’s attorney does, step by step

For buyers, the attorney’s work follows a fairly fixed order. Knowing it helps you understand why the attorney asks for certain things at certain times, and why some answers take a week.

Reading the contract before you sign it

The buyer’s attorney looks for the terms that decide what happens if something goes wrong. That includes how long you have to get a mortgage commitment, what happens to your deposit if you cannot, what the seller must deliver at closing, what condition the house must be in, and which items stay with the house. The attorney negotiates a rider, an addendum of extra clauses, that adds protections the standard form does not give.

Title, survey and city searches

After the contract is signed, the buyer’s attorney orders a title report. The report shows who owns the property, what mortgages and liens are recorded against it and whether there are open city charges. It also usually includes searches of the building’s records. Our guide to title insurance in NYC explains what the title company searches and what the owner’s policy covers. The physical side, what the inspector sees in the house, is covered in our guide to the home inspection in NYC.

The mortgage commitment and the contingency date

Most financed contracts include a mortgage contingency, a clause that lets the buyer cancel and recover the deposit if a loan commitment is not issued by a set date. The buyer’s attorney watches that date closely. If the commitment is late, the attorney may ask the seller’s side for an extension in writing. Missing the date without an extension can put the deposit at risk, which is why the attorney will press you to answer the lender quickly.

What the seller’s attorney does, and what to hand over early

The seller’s attorney does less investigating and more preparing. The job is to produce an accurate contract, prove the seller can deliver clean title, answer the buyer’s questions and get the deed recorded. Most of the delays on the seller’s side come from missing documents, so the most useful thing a seller can do is collect them before the first showing.

The seller’s document packet

These are the documents a seller’s attorney typically asks for. Having them in a folder the week you list saves days later.

• The current deed, or at least the date and names on it.
• Mortgage statements for every loan on the property, including any home equity line, with account numbers so payoffs can be ordered.
• The certificate of occupancy, if the house has one, and any permits or sign-offs for work done.
• The most recent property tax bill and water and sewer bill.
• Any survey from the seller’s own purchase.
• For two-family and multi-family houses, the leases, rent amounts and security deposit details for each unit.
• For a co-op, the stock certificate and proprietary lease; for a condo, the unit deed. In both cases, the managing agent’s contact.
• For an estate sale, the death certificate and any letters issued by the Surrogate’s Court.

Answering the buyer’s questions

Once the contract goes out, the buyer’s attorney sends questions. Is there an oil tank? Were the basement and the rear extension legalized? Are there any open violations? The seller’s attorney collects the answers from the seller and replies in writing. Vague answers here usually come back later as title objections or renegotiation requests.

Delivering clear title and recording the deed

Before closing, the seller’s attorney clears whatever the buyer’s title report found: old mortgages that were paid but never marked satisfied, judgments, open water charges or violations. At closing, the seller’s attorney prepares the deed and the transfer tax returns and pays off the seller’s loans from the sale proceeds. For a full view of what the seller pays, see our breakdown of Queens closing costs.

The contract of sale: clauses an attorney negotiates

The contract of sale is where most of the attorney’s value lands. In the city, the seller’s attorney often starts from a standard residential form and adds a rider. The buyer’s attorney then marks it up. These are the clauses that most often get negotiated in Queens sales.

The deposit and who holds it

The contract states the amount of the down payment paid at signing, who holds it in escrow and what happens to it if the deal falls through. The amount is negotiable. If you are short on cash at signing, raise it with your attorney before the contract is drafted, not after. Our guide to the down payment for a house in NYC explains how the contract deposit and the loan down payment differ.

Condition of the house and the “as is” clause

Many New York contracts sell the house in its present condition, with the buyer accepting what the inspection showed. The buyer’s attorney may still ask for specific repairs, a credit or a promise that systems will work at closing. A seller who wants a clean sale with no repair obligations should tell the attorney at the start. Our guide on how to sell a house as-is in New York covers how that changes the contract and the price.

Violations and certificate of occupancy

The contract decides who is responsible for open building violations and for any mismatch between the certificate of occupancy and the house as it is used. In Queens, this clause often matters more than any other, because so many houses have additions, finished basements or second units added over the decades. The attorneys negotiate whether the seller must cure violations before closing, give a credit or leave them with a cap on what the seller must spend.

Closing date and possession

The contract sets a target closing date, often written “on or about,” which in New York practice gives some flexibility. If the seller needs to stay after closing, the attorneys write a post-closing possession agreement, usually with money held back in escrow until the seller moves out. If the house has tenants, the contract says which units are delivered vacant and which are sold with the tenants in place.

The down payment in escrow: how your money is protected

When the buyer signs, the down payment goes to the escrow agent named in the contract, very often the seller’s attorney. That money is not the seller’s until closing. The attorney holds it in a special account and releases it only as the contract allows: to the seller at closing, back to the buyer if the contract is cancelled under a contingency, or as a court or both parties direct if there is a dispute.

New York’s Rules of Professional Conduct require attorneys to keep money they hold for clients and third parties separate from their own funds. A deposit held by a New York attorney sits in an escrow account, not in the attorney’s operating account.

A state fund for the rare case of theft

New York also has a state agency for the rare case where an attorney steals money held in a legal matter. The Lawyers’ Fund for Client Protection, established in 1982 and funded by attorney registration fees, reimburses clients for losses caused by a lawyer’s dishonest conduct. The Fund lists theft of escrow deposits in real property transactions, such as a home purchase down payment, among the losses it covers, and its Trustees may reimburse up to $450,000 for each client loss.

That Fund is a last resort, not a reason to be careless. The first protection is choosing a properly registered attorney, which the last section of this guide shows how to check.

Wire fraud: confirm every instruction by phone

The more common risk today is not the attorney but a criminal who impersonates one. Fake emails with changed wiring instructions are a known scam around closings. Before you send any deposit or closing funds, call your attorney’s office at a number you already have, not one from the email, and confirm the account details out loud. A legitimate office will never be offended by that call.

Co-ops and condos: what the attorney reviews

Co-op and condo purchases add a layer of building documents that a house purchase does not have. In Queens, where co-ops are common in Forest Hills, Kew Gardens, Rego Park, Jackson Heights and Bayside, the buyer’s attorney spends a large share of the time on this review.

Co-op review

A co-op buyer is buying shares in a corporation and a proprietary lease, not real estate. The buyer’s attorney typically reviews:

• The proprietary lease and the house rules, for limits on subletting, pets, renovation and occupancy.
• The building’s recent financial statements, for reserve funds, debt and operating results.
• Board minutes, when the managing agent allows it, for planned assessments, major repairs or disputes.
• The managing agent’s questionnaire, which answers questions about maintenance, flip tax, underlying mortgage and building issues.
• A lien search on the seller’s shares, which plays the role a title search plays for a house.

The board approval process happens alongside the attorney’s work. Our guide to the co-op board approval process in NYC explains the board package and the interview.

Condo review

A condo is real property, so the buyer gets a deed and title insurance like a house buyer. The attorney also reviews the condominium declaration, the bylaws, the building’s financials and the managing agent’s answers. Many condos have a right of first refusal, which lets the board buy the unit on the same terms; the attorney obtains the board’s waiver before closing.

Sponsor sales and new developments

When the seller is the sponsor of a new building or a conversion, the contract and the offering plan are drafted by the sponsor’s attorneys and are often less negotiable. The buyer’s attorney reads the offering plan and its amendments and explains what can and cannot be changed. That review is longer than for a resale and should be planned for.

Queens houses: problems an attorney catches

Most Queens homes are one-family, two-family and three-family houses, many built before the middle of the last century and changed many times since. That history is exactly where attorneys earn their fee. These are issues attorneys commonly handle in Queens house sales.

Two-family and multi-family houses

For two-family and three-family houses, the buyer’s attorney checks that the legal use matches what the buyer is paying for and what the lender will finance. If the plan is to live in one unit and rent the other, the leases and the tenants’ deposits are part of the deal. Our guide to buying a multi-family home in Queens goes deeper into that side.

Buildings with more units and the COPA law

Some sellers of Queens rental buildings now also need to think about New York City’s Community Opportunity to Purchase Act, which can add notice steps before certain residential buildings are sold. Whether it applies, and what it requires, is a legal question for the seller’s attorney. Our summary of the NYC COPA law covers the basics.

Inherited houses

Inherited Queens houses often bring every issue on this list at once: an old deed, no recent survey, unpermitted work and an owner who can no longer answer questions. The estate’s attorney leads, and the buyer’s attorney will ask more questions than usual. Our guide to selling an inherited house in New York lays out the order of steps.

Closing day: what the closing attorney handles

In New York City, the closing usually happens at an attorney’s office or the lender’s attorney’s office, with the buyer, the seller or their representatives, both attorneys, the lender’s attorney and a title closer present. When people search for a real estate closing attorney, this is the meeting they mean: each attorney is there for their own client.

What happens at the table

• The title closer reviews the final title report and collects the payments needed to clear any remaining items.
• The lender’s attorney has the buyer sign the loan documents and releases the loan funds.
• The seller’s attorney gives the buyer the signed deed and pays off the seller’s mortgages from the proceeds.
• Both attorneys confirm the adjustments, the shares of property taxes, water charges and, for co-ops, maintenance that each side owes for the days around the closing date.
• The buyer receives the keys.

Transfer tax returns and recording

In New York City, a sale usually needs a state transfer tax return and a city transfer tax return. For the state side, New York City conveyances use Form TP-584-NYC; the state’s instructions for Form TP-584-NYC say the form and any tax due are due no later than the 15th day after the deed is delivered. The attorneys and the title company prepare these returns and file them with the deed through the city’s recording system.

The seller generally pays the transfer taxes in a standard resale, while the buyer may owe other taxes depending on the price. Your attorney will show you the amounts on the closing statement. If you are a seller who has moved out of New York, ask your attorney about state estimated income tax at closing; our guide to capital gains tax on the sale of a home in New York explains that step.

How real estate attorney NYC cost is quoted

Buyers and sellers often ask about real estate attorney NYC cost before anything else. Fees vary by attorney, by the type of property and by how complicated the sale turns out to be, so this guide does not publish a number. What it can do is explain how fees are usually structured and what to ask so the quote you get is the quote you pay.

Flat fee or hourly

Many residential attorneys quote a flat fee for a standard purchase or sale, with the fee for a co-op or condo purchase often different from a house. Some bill hourly instead, or switch to hourly when a deal becomes unusual. Ask which applies and what would trigger extra charges.

What is usually separate from the fee

• Title insurance premiums and title company charges, paid to the title company.
• The lender’s attorney fee, paid by the buyer when there is a mortgage.
• Recording fees and transfer taxes.
• Co-op fees, such as managing agent charges, lien search fees and, for sellers, any flip tax.
• Extra work for estate sales, violations, tenant issues or a deal that falls through and restarts.

Questions to ask before you hire

1. Is your fee flat or hourly for my type of sale, and what is not included?
2. If the deal falls through before closing, what do I owe?
3. Who in your office will handle my file day to day, and how fast do you usually return calls?
4. How many residential closings in Queens do you handle, and how many co-ops or two-family houses?
5. Will you attend the closing yourself?

The fee is one line among many closing costs. For buyers, our NYC home buying process guide puts it in context with the other costs and steps. For sellers, our guide to selling a home in NYC does the same on the seller’s side.

How to choose a real estate attorney in Queens NY

When people search for a real estate attorney in Queens NY, they are usually looking for someone who knows the local building stock, the Queens County Surrogate’s Court and the managing agents of the borough’s co-ops. Experience with your specific type of property matters more than the size of the firm.

Look for residential transaction experience

Real estate law covers many specialties. A firm that mainly handles landlord-tenant cases, commercial leases or litigation is not the same as one that handles residential closings every week. Ask specifically about residential purchases and sales, and about co-ops or two-family houses if that is what you are buying or selling.

Check the attorney’s registration

Every attorney admitted in New York must register with the state’s court system every two years. The New York State Unified Court System runs a free public attorney search on its website where you can look up an attorney by name or registration number and confirm that the registration is current. It takes a minute and should be done before you send a retainer or a deposit.

Ask your agent, but make your own choice

Your agent will usually know several attorneys who close deals in the area and respond quickly. That is useful, because responsiveness is the single biggest factor in how smoothly the contract stage goes. The choice is still yours, and the attorney works for you, not for the agent. The Attorney General’s guidance also points to bar association referral services as another way to find a New York City attorney.

Language and communication

If you are more comfortable in another language, ask whether someone at the firm speaks it. I work with clients in English and Polish, and many of my Polish-speaking clients prefer an attorney’s office where they can ask questions in Polish too. Our page for a Polish-speaking real estate agent in Queens explains how I handle sales in both languages.

This article is for general informational purposes only. It is not legal, tax or financial advice, and a real estate licensee cannot give legal advice; consult a licensed New York attorney about your own situation. Rules, forms and procedures can change; confirm current requirements with the New York State Unified Court System, the New York State Department of Taxation and Finance and the New York City Department of Finance. Sources cited reflect those agencies’ published pages as of October 2026. Real estate brokerage services are offered by Agatha Lubas, Licensed Associate Real Estate Broker, NY License #10301213345, Keller Williams Realty Liberty, 96-10 101st Avenue, Ozone Park, NY 11416. The NYS Disclosure Form for Buyer and Seller, the NYS Housing and Anti-Discrimination Disclosure / Fair Housing Notice, and the brokerage’s Standard Operating Procedures are available on request. Equal Housing Opportunity.

Agatha Lubas

Licensed Associate Real Estate Broker · NY License #10301213345 · Keller Williams Realty Liberty

Agatha Lubas works with buyers and sellers throughout Queens, Brooklyn, Nassau County and Suffolk County, coordinating attorneys, lenders, title companies and managing agents from the first showing to closing day. She serves clients in English and Polish.

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