Home Buying in 12401>Question Details

Lorne, Home Buyer in Kingston, NY

is a real estate attorney a requirement in new york state?

Asked by Lorne, Kingston, NY Thu Dec 20, 2007

I am given a house as a gift of equity from a close relative and I was told I do not need one

Help the community by answering this question:


Jolie Muss’ answer
Yes as others have said it would be best to have a real estate attorney handle the transaction. Also there are situations where responsibilities, rights of way , variances etc can be transferred (or grandfathered) with the property, so a title search and even title insurance wouldn't be a bad idea as well. Contacting your tax advsior would also be advisable in case there are any tax liabilities that could affect you or the person giving you the gift.
0 votes Thank Flag Link Wed Sep 7, 2011
It is not a requirement, but I recommend you hire one. A deed may not be effective as far as later purchasers are concerned unless it has been properly recorded in the county clerks office of the county where the real estate is located. An attorney can also advise on subjects such as a title insurance policy to protect against loss if a defect in the title is challenged by anyone at anytime.
Web Reference: http://www.clovelake.com
0 votes Thank Flag Link Thu Feb 17, 2011
It's not a requirement but it's always a good idea to have the appropriate representation when dealing with legal matters. In the long run you'll be glad you did.
0 votes Thank Flag Link Wed Feb 16, 2011
Dear Lorne,

Are you planning on holding onto this property? There may be certain legal obligation associated with the property which you did not know. A real estate attorney can be an asset to helping you navigate the legal paperwork.
Also should you decide to sell the property and/or purchase another property with the assets from this one an attorney can help during the home buying and selling process-particularly if an unusual situation arises. A skilled attorney can help you navigate complex contractual language and arrange acceptable solutions to problems that arise after a sales/purchase contract has been signed by both parties.
The Dutchess County Bar Association has a list of attorney referrals on their website and some of them also work in Ulster County.
Congratulations on your gift. I hope it brings you much joy and prosperity!
0 votes Thank Flag Link Wed Mar 18, 2009
It's not a requirement, but there are some good and inexpensive ones in Kingston. If you are not a contract expert, then it's good to have someone walk you through the process.

Best regards,
Web Reference: http://www.Barqua.com
0 votes Thank Flag Link Tue Mar 3, 2009
Dear Lorne,
I highly recommend finding a real estate attorney!
0 votes Thank Flag Link Thu Oct 16, 2008
A real estate attorney is not a requirement in New York.
Web Reference: http://optionsrealty.com
0 votes Thank Flag Link Tue Feb 5, 2008
Even when you are receiving a house as a gift, there are legal ramifications. You want to check title and make sure everything is up to date. You also want a current appraisal for tax purposes and determining your basis in the house. In the NY metro area it is customary to retain an attorney and as a real estate attorney with many a war story, I highly recommend it.
Kathleen A. Scanlon, Esq., Scanlon & Pinto, PLLC 516-378-3737 kscanlon@scanlonandpinto.com
Web Reference: http://www.scanlonpinto.com
0 votes Thank Flag Link Wed Dec 26, 2007
I CAN comment on NY. Upstate an attorney is not necessarily used; however, NY City and Long Island, get an attorney. Do yourself a favor and get an attorney who only does real estate. Under your circumstances, you are better off listenting to an attorney than your friend. I highly recommend Darren Sheehan (I use him for all of my deals and my clients love him) 516-860-8906.
Web Reference: http://GailGladstone.com
0 votes Thank Flag Link Thu Dec 20, 2007
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2016 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer