In upstate NY brokers can use a fill-in-the-blanks form that has been approved by a bar association in conjunction with the REALTOR's association. The broker fills in the names of the parties, the date and location of the closing, a description of the property, the sale price and other relevant facts. The contract must clearly recommend that the parties seek advice from a lawyer prior to signing, it can also indicate that it is a legally binding document.

In downstate - NYC and the suburbs this is not the case. I believe over the years local boards have tried to implement fill-in the-blank forms in down state counties but have never been successful. County bar associations have sued brokerages for using such forms.

As Philip stated while they may not be legally required It is always recommended to consult a lawyer versed in real estate before signing any documents regarding home purchasing.

As far as a buyer paying a fee to a broker that would be included in a signed buyer agency agreement. Usually the seller pays a portion of the sale price in commission. Through cooperative broker agreement the buyer broker is usually paid by seller. In rare instances the seller may not pay a commission or the sellers broker may not cooperate with buyer's broker. In such cases the buyer agent enters into a written agreement with buyer and fees and or commission is agreed upon.

The common practice is to have an attorney in the closing process in New York. While they are not legally required, you don't bring a stick to a gunfight. The seller will absolutely have an attorney, and so should you.

I am a NYC area broker. The buyer almost never pays commission separate from the purchase proceeds- you have it right. They are paid by the seller at closing. Choose you agent widely. Depending on what part of brooklyn you are in, they should be either a REALTOR or REBNY member, full time, and with references and a strong sales record. Good luck.

TI C,
In answer to your question about whether you need an attorney..(and in response to "Options") I have re-read the current NYS real estate law (I don't know if has changed since I took my broker's course and later my advanced training at CBHK) and also the legal memoranda and I must agree that it appears that it is not absolutely necessary !(though it does say that without the forms approved by your local board and bar association it should be approved by both parties attorneys before signing) Also this may be a different case in Manhattan due to the complexities of purchasing a condo and/or a coop what with the due diligence the attorneys perform etc.. I sure would like some more opinions from other expert Manhattan and NYC brokers and or lawyers.. Paging Mitchell Hall and/or Michael Shapot?

#1 below has just offered MUCH better input. Time is most definitely on your side right now.

Did this Broker tell you it was also a good time to buy?

Jolie, New York does NOT require lawyers. They prohibit the dispensation of legal advice by Realtors, as is common everywhere. The contracts in NY are not consumer friendly, as they are in most places, keeping lawyers active in RE. You've done it in AZ; if you review the NY contracts, while they are intentionally in "legalise", when we did our sellers contract for the buyer (who had a lawyer), the title company did EVERYTHING ELSE, as they do elsewhere. The buyers lawyer added a few caveats, accepted by our seller.
The initial page of the contract on other deals we've gotten copies of prepared by the lawyers IS the fill in the blanks version, with the standard NY contract attached. I was suprised to see this.
We had to pick up the deed from the town; when it closed, both the lawyer and the title company laughed at how simple the closing/transaction was- the seller was thrilled, as well, telling everyone at the county building that "he was the only person that he knew in NY that could close without a lawyer."
For consumers that are well versed, and want to save the cost, it seems that those of us that have done it should be available to do so, and I'm guessing that you'd breeze right through it. Sorry to interject!

TI C,
Thanks for the feedback.. the agent should be listed under her first and last name (you do have to go to the "brokers" link). I hope things smoothly for you now going forward!
Just an update on needing an attorney in New York to close on property in New York...
I've posted a link to the NYS legal memoranda below on this.I suppose that in other NY counties perhaps a fill in the blanks contract is allowed but to my knowledge from my broker training and previous experience in NY county real estate brokerages and previous membership in REBNY and MANAR such a form is not approved for use in NY county..perhaps in Kings (Brooklyn) county it is? I would welcome any further information on this from NYC brokers..maybe it is a question for attorneys..
(FYI when I was an agent in Arizona I was trained in and authorized in preparing a contract and a lawyer was not a requirement in any stage of the process..which made it easy to close quickly!)

TI C, for the record: a lawyer is NOT required in NY; lawyers are the preferred method here (it's been misstated below). Real estate agents are permitted to "fill in the blanks"- many in NY have never done so, or reviewed a contract in its entirety, so automatically suggest that a lawyer is "required".
We've only had one seller request that we originate his contract (which we did)- most people in NY consider a lawyer essential. He had transacted several purchases, so knew better, and was well versed.
With buyer agency, if you're feeling uncomfortable this early on, your decision to seek out a different advocate is a great choice on your part. Good luck- there are some deals to be had, and it looks like the opportunities will only get better!

Thanks for all of the answers.

I think they have really addressed the underlying issue, which is that I’m not feeling comfortable with this broker. She said she was licensed and has sort of back tracked to say that her boss is licensed (I can’t find her license number on the link below) she told me that it was illegal for brokers to give clients address for listings(weird since I showed her I can find the addresses on line, on trulia and many other real estate sites) and that now a month into the process has stated talking about wanting us to pay a fee (with no real clarity about what that means.)

I’ll be opening another question asking for recommendations for a real estate attorney and buyers realtor.

Thanks for the feedback

Ti C,
Is this person a NYS licensed agent or broker? What they are saying to you sounds very odd! The buyer's broker in NYC is usually paid from a split of the commission agreed upon when the seller listed the home with the listing/selling agent/broker. Could it be that they are planning to show you "For sale by owner" homes that the seller won't pay a commission on or perhaps pre-foreclosures that can't or won't pay a commission? Check the website below to see if they are currently licensed.
Please ask your your aent to explain it to you in detail.
Yes, you need an attorney not just to finalize your purchase but to go to contract. Please let the community know how this evolves and if you need any referrals please do not hesitate to ask! Good luck!

Hi, Ti: I'm not a New York Broker, and things are obviously different there than they are here in NC, but one thing is certain and knows no state boundaries: All fee information should be disclosed UP FRONT. Ask your agent to get specific with you on those fees, right now. Good luck!

Hi Ti.

Attorney question. You have to have an attorney in New York to make a purchase. Sellers attorney is the one who writes up the contract and your attorney will review it with you, make concessions or revisions if any need to be added/removed etc...A typical fee for an attorney is between $1000 and $2000 for a complicated deal. It's well worth it, you can't do it without it and you wouldn't want to. Please make sure ( and this is crucial ) when you are looking for an attorney he or she has to practice Real Estate Law. Don't get anyone from out of state, don't get anyone who practices other forms of Law, you always want to get an expert who has a specialty.

As to your other question. Sometimes you see that with private firms that charge buyers a fee for having a broker. I work both in Brooklyn and in the City and it's much easier if a firm is a REBNY member. That's Real Estate Board of New York, and most reputable firms are. When a firm is part of REBNY there are no hidden Fee's, and all co-broked deals ( when you have a selling broker and a buyers broker ) are split evenly. In your case that means Seller is paying the commission both of his broker and your broker and you don't pay anything for using one.

Have that in the back of your mind before you decide on using one who wants you to pay a fee. Out of all the sales I have done or any of my colleagues not a single buyer had to pay any of us. Seller did.

Please let me know if you need a couple of #'s to some great attorneys I worked with in the past.

Good luck to you
~Alen

THIS LINK IS TO A LAWYER'S WEB PAGE I really like his descrption of how an attorney helps with the home buying process, not just finalizing the contract - BTW I do not KNOW this guy, HAVE NO IDEA IF HE IS ANY GOOD, **never met him, *have not spoken to him *AM NOT endorsing him --

I JUST THINK HE MAKES SOME GOOD POINTS HERE. cheers Heather

http://parkslopelawyer.com/Real-Estate.aspx

Not how it is done in Bklyn? Yeah, I am hearing that as well.

I have a lady who is searching MLS for me and she will ger some money from a probable split commision if we find my house that way. If we find it from her agency's list she gets the whole commision from the seller if it is an in- house listing for her.

But is she comes in at the end to act as my buyer's broker ( to negotiate and informal inspection- that is give to me bid advice and acvice on how much rehabs will cost ) she gets a percentage from me.

We won't sign the buyers broker contract until she is in that role for me for a specific property.

BTW yes you need an attorney to close.

No ifs ands or buts, and if it is your first time or you feel a little confused about what you are signing up for, GET A SPECIALIST, not someone who shows up on the closing day and rubber stamps the thing.

Best of luck! Heather