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)..
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. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
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. We are located in West Babylon, NY and proudly offer very low rates and free consultations. For more information, please see our website: <a href="http://www.LouisLSternbergLaw.com">Long Island Divorce Lawyer Louis Sternberg.</a>
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 in NY. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel.
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 attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.
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 for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900
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.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.