Real Estate Attorney : Real Estate Law Office Guide

Real estate attorneys in Manhattan specialize in drafting and reviewing purchase agreements, sales contracts, and lease documents. These professionals ensure that all terms protect your financial interests and comply with New York property law. A real estate law office will conduct due diligence, verify title status, and identify potential liabilities before you commit to any transaction. Contract review is critical because real estate agreements often contain complex provisions regarding financing, contingencies, and liability allocation, and these provisions can significantly impact your rights and obligations.

Title examination is a fundamental service provided by a real estate attorney in Manhattan. Your attorney will search public records to confirm ownership, identify liens or encumbrances, and verify that the seller has the legal right to convey the property. During closing, the real estate law office coordinates with lenders, title companies, and other parties to ensure all documents are properly executed and funds are transferred securely. This process protects you from inheriting undisclosed debts or claims against the property.

Boundary disputes occur when neighboring property owners disagree about the location of property lines or the right to use portions of land. A real estate attorney in Manhattan will review property surveys, deeds, and historical records to establish your legal position. Easement conflicts arise when one party claims the right to cross or use another person's property. These disputes require careful legal analysis because New York law recognizes both express easements (created by written agreement) and implied easements (arising from prior use or necessity). Your real estate law office can negotiate resolutions or pursue litigation if necessary to protect your property rights.

Commercial and residential landlords in Manhattan rely on real estate attorneys to enforce lease terms and resolve tenant disputes. Common issues include non-payment of rent, unauthorized alterations, lease violations, and eviction proceedings. A real estate law office will review the lease agreement, ensure compliance with New York Housing Maintenance Code and other tenant protection laws, and pursue appropriate remedies. Tenant disputes must be handled carefully because New York provides significant statutory protections to residential tenants, and improper eviction procedures can result in liability for the landlord.

New York Real Property Law governs contract formation, title transfer, and property rights. The New York General Obligations Law contains provisions regarding warranties, disclosures, and liability limitations in real estate transactions. Additionally, New York Property Maintenance Code and Housing Maintenance Code impose obligations on property owners regarding habitability, repairs, and tenant safety. A real estate law office specializing in real estate laws ensures that your transactions and property management practices comply with these requirements. Failure to comply can result in penalties, loss of rental income, or liability for damages to tenants or neighboring property owners.

Manhattan has additional local regulations that affect real estate transactions and property management. The New York City Department of Housing Preservation and Development enforces housing codes specific to the city. Rent stabilization and rent control laws apply to certain residential properties in Manhattan, creating additional compliance obligations. A real estate attorney in Manhattan understands these local requirements and can advise you on compliance. For example, if you own a rent-stabilized apartment building, your attorney will ensure that rent increases comply with Rent Guidelines Board orders and that lease renewals follow statutory procedures.

The New York Supreme Court, Appellate Division First Department, located in Manhattan, has jurisdiction over significant real estate civil lawsuits involving substantial property values or complex legal issues. The Housing Court, also located in Manhattan, handles evictions, housing code violations, and rent disputes for residential properties. A real estate law office representing you in Manhattan must understand which court has jurisdiction over your specific dispute and the procedural rules applicable to that court. For example, eviction proceedings must be filed in Housing Court, and the court follows strict procedural requirements regarding service of process, answer deadlines, and trial scheduling. The Supreme Court handles commercial real estate disputes, boundary disputes, and actions for specific performance of real estate contracts.

Real estate litigation in Manhattan courts involves discovery (exchange of documents and information), motion practice (requests for court rulings before trial), and potentially trial before a judge or jury. A real estate attorney in Manhattan will conduct discovery to obtain evidence supporting your position, file motions to resolve disputed legal issues, and prepare for trial if settlement negotiations fail. Understanding these procedures helps you prepare for the time and expense involved in real estate litigation. The discovery process typically lasts several months, during which both parties exchange documents, written interrogatories, and requests for admissions. Motion practice allows either party to seek summary judgment (a ruling without trial) if the facts are undisputed and the law clearly favors one party.