If I am a lawyer in NY

Asked about 1 year ago - Katonah, NY

do I still need to hire a lawyer to do my real estate closing? I'm not asking if it is advisable I'm asking if I legally am required to because I know NY requires a lawyer be used

Attorney answers (9)

  1. Eric Edward Rothstein

    Contributor Level 20

    7

    Lawyers agree

    Answered . You are not required to have a lawyer at all. You can handle it yourself but it is better to have a real estate lawyer do it.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Peter J Weinman

    Pro

    Contributor Level 17

    6

    Lawyers agree

    Answered . I did not realize NY *required* an attorney be used.. Can you cite that?

    Either way, if you are a lawyer, then what's the problem? (putting aside, as you said, whether it's advisable)..

  3. Matthew Scott Kam Tannenbaum

    Pro

    Contributor Level 11

    6

    Lawyers agree

    Answered . New York law provides that “[n]o natural person shall ask or receive, directly or indirectly, compensation . . . for preparing deeds, mortgages, assignments, discharges, leases or any other instruments affecting real estate . . . unless he has been regularly admitted to practice, as an attorney or counselor, in the courts of record in the state” (N.Y. Jud. Law § 484). New York law also prohibits voluntary associations or corporations from performing these services, although there is a narrow exception for title insurance companies (N.Y. Jud. Law §§ 495 (3, 5)).

    I think this statute was enacting to prevent unlic. practice of law. I do not believe that anyone would be prosecuted for representing themselves in a real estate transaction, either as a seller or a buyer. I am sure there are numerous instances thruout NYS where experienced non attorney investors represent themselves. However in your situation even if you are an attorney, if you are not experienced in RE transactions it is best to hire an attorney who specializes in this type of work. Good luck and call me in yo u would like a free consultation. i do cover westchester county as well as Long island

    When responding to questions posted on Avvo, I provide a general purpose response based on NY law as I am licensed... more
  4. Anthony A. Ferrante

    Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered . There is no rule or law that you would be violating if you decided to do the closing yourself. It seems that you are already aware that it would be advisable to hire a real estate lawyer, so I will keep this short, but you may regret not spending the money now if a problem were to arise in the future. Attorneys generally do not charge a bank-breaking sum for these closings either.

    Good luck either way!

    The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an... more
  5. Yefim Rubinov

    Contributor Level 17

    5

    Lawyers agree

    Answered . it is always to have a real estate lawyer to help you with a closing.

  6. Steven Warren Smollens

    Contributor Level 20

    5

    Lawyers agree

    Answered . Dear New York Attorney:

    By now you must feel overwhelmed with the responses, and you surely now realize, that it is not recommended that you act as your own attorney, especially, since you seem unfamiliar with the process of a real estate closing.

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more
  7. William Emil Cassara

    Pro

    Contributor Level 17

    6

    Lawyers agree

    Answered . I am not a NY lawyer, but when I bought my home here in GA, I obtained counsel even though I wasn't required to do so.

  8. Louis Lawrence Sternberg

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . A lawyer is not required but handing one's own closing is not advisable.

    It is always advisable to contact an attorney. For a consultation, please contact our office at 516-669-3295.... more
  9. James D. Kiley

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . Its not legally required to have a lawyer. Have fun.

    My firm is a second generation family firm successfully handling personal injury and medical malpractice cases... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

24,834 answers this week

2,813 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

24,834 answers this week

2,813 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary