Why You Need a Lawyer to Buy Real Estate in New York

Why You Need a Lawyer to Buy Real Estate in New York

LawChamps
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New York State represents the entire spectrum of real estate in the rest of the nation.

It's wildly expensive and competitive to buy property in New York City. Then in other areas of New York, like Buffalo, for-sale signs are seemingly everywhere. But New York is actually smack dab in the middle of the country when it comes to vacant properties for sale, according to one study. 


So if you live in New York State, this year may be the right time to buy or sell a home. It's definitely a situation where you need a lawyer to help you negotiate a lower sales price due to high interest rates. Then again, if you are a seller, you need a lawyer to argue that your home is priced just right, regardless of interest rates. 

For sellers, there aren't as many properties on the market as there usually are, so you will likely net a decent profit. And it hopefully won't take forever.

If you’re a New York native looking for a place of your own or just someone looking to relocate to the bustling state, here’s what you need to know about buying a home in New York. 

The cost of living for each city in New York greatly affects the prices of homes.
Before you buy a home, research the cost of living for different cities and make sure they’re within your budget. In New York, the city you choose to live in will heavily influence how much your home will cost. For example, in Manhattan, the median family home value is 
$1.3 million, whereas in Queens, the median family home value is $518,000

Inspections are not required before home purchases, but it’s something you should still look into. 
Even if you’ve found an impeccable home with no signs of exterior damage, there may be issues inside the home. Before finalizing your home purchase, the 
New York Department of Real Estate recommends having a professional inspector check out the home. According to the American Society of Home Inspectors, an inspector will look at the home’s heating system, central air-conditioning system, plumbing and electrical systems, insulation, and any visible structures of the home. Once the inspector has finished, you will be provided with a report about any damages or things to look out for. 

Title searches are not required before home purchases, but they’re highly recommended. 
In New York, title searches aren't required, but they’re 
highly recommended by the New York Attorney General. A title search is a detailed examination of public records about a property, and looks to see if there are any liens or easements on the property. 

A lien is a legal right against assets used as collateral to satisfy a debt, and an easement allows another property owner to access the property. 

Purchasing title insurance is in your best interests. 
Title insurance protects property owners from future claims about unknown defects in the title to the property at the time of sale. Such claims can include fraud, unpaid property taxes, or forgery. 

There are two types of title insurance policies in New York: lender’s policy and owner’s policy. The lender’s policy protects the mortgage company you choose to use, and the owner’s policy protects you, the buyer. While the lender’s policy coverage amount declines over time, the owner’s policy does not and protects you up to the full sale price of the property. Generally, a home buyer has to pay for 
both policies.

Title insurance can be bought from licensed title insurers and the rates of each policy are subject to the Department of Financial Services.    

You must draw up a contract in order to finalize your purchase. 
Unlike other states, having a real estate lawyer involved in your home purchase is incredibly common and is even 
recommended by the New York Attorney General. This is because in order to finalize the purchase of your home, you must draw up a contract. The contract will lay out all the terms of the purchase arrangement, such as the price, contingency date, and more. Typically, both the buyer and seller are represented by practicing attorneys. 

Buying a home is a complex process that involves lots of paperwork and legal terms, especially in New York. If you are in the process of buying a home and need a lawyer to draft your contract, LawChamps can match you with an experienced real estate attorney. 

This article is intended to convey generally useful information only and does not constitute legal advice. Any opinions expressed are solely those of the author, not LawChamps.

 
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