Buying, Selling, or Disputing Property on Long Island?

In New York, an attorney is effectively required for real estate transactions. Unlike many other states where title companies handle closings, New York operates as an "attorney state" — meaning a licensed New York attorney typically represents the buyer, another represents the seller, and an attorney conducts the closing. A Long Island real estate attorney reviews the contract of sale, performs title review, coordinates with the lender, prepares closing documents, and represents your interests at the closing table in Nassau or Suffolk County. Attempting to close a real estate transaction without an attorney exposes both buyers and sellers to significant legal and financial risk.

Attorney fees for residential real estate closings on Long Island vary based on the complexity of the transaction, the property type, and the attorney's experience. Most experienced Long Island real estate attorneys charge a flat fee for standard residential closings, with additional charges for unusual issues such as title defects, complex financing structures, commercial transactions, or contested closings. Fees should be discussed and disclosed in writing before representation begins. A free consultation is the right place to ask about fees for your specific situation.

A title defect is any issue that clouds clear ownership of a property — common examples include unresolved liens, judgments against prior owners, undisclosed easements, missing deeds, boundary disputes, or errors in recorded documents. Title defects are typically discovered during the title search performed before closing. Resolving them may require negotiating payoffs of old liens, obtaining quiet title judgments, securing affidavits, recording corrective deeds, or in some cases litigating to clear the title. An experienced Long Island real estate attorney can identify defects early, advise on the best path to resolution, and prevent a defective closing that creates problems years down the road.

Residential closings involve homes and small multi-family properties (typically 1-4 units) and follow relatively standardized procedures. Commercial closings — for office buildings, retail spaces, mixed-use properties, larger multi-family buildings, and industrial properties — are significantly more complex. Commercial transactions involve detailed contract negotiation, due diligence on tenant leases and property condition, environmental assessments, complex financing structures, entity formation, and substantial lender requirements. Commercial closings on Long Island typically require an attorney with specific experience in commercial real estate matters.

A Long Island real estate contract should clearly identify the parties, describe the property accurately, specify the purchase price and deposit, set realistic contingency periods (mortgage, inspection, title), and address what happens if any contingency fails. Contracts should also address closing costs, transfer taxes, smoke and carbon monoxide detector requirements, certificate of occupancy issues, mortgage commitment dates, and the closing date. Critical items often missed include possession terms, what personal property conveys with the home, and how disputes will be resolved. A real estate attorney's review can catch issues that protect you from costly surprises before, during, or after closing.

A mortgage contingency is a clause in your real estate contract that allows the buyer to cancel the deal — and recover the deposit — if they cannot obtain a mortgage commitment by a specified date. The contingency typically requires the buyer to apply for financing within a set number of days, work in good faith with the lender, and notify the seller in writing if the contingency is not met. Mortgage contingency periods are commonly 30-60 days from contract signing. Missing the contingency deadline without an extension can mean losing your deposit if financing later falls through. A real estate attorney ensures the contingency is properly worded and that all deadlines are met or extended in writing.