Best Real Estate Attorneys in Rochester

FAQs

• What is the non-emergency contact number for the local police station in Rochester, New York?

  Call or text 311 for a non-emergency response from the Rochester Police Department.

• Where can I get a copy of police reports for incidents related to my case in Rochester, New York?

  Police reports can be obtained at the City Public Safety Building at 185 Exchange Blvd. Operating hours are Mondays through Fridays, 8:30 a.m. to 4:00 p.m. Call the Rochester Police Department's records unit at (585) 428-7493. To request Freedom of Information Law (FOIL) records, visit https://www.cityofrochester.gov/FOIL/.

• What are some of the things that should be considered after a closing in Rochester?

  If money has been deposited in escrow, ensure it will be properly distributed after closing. There are many tax considerations when purchasing or selling a home in Rochester. Buyers can reduce their tax obligations by registering online in the School Tax Relief (STAR) program. Property owners should also assess their insurance policies to ensure their properties have sufficient protection. Finally, buying or selling real estate marks a transition in a person's life, so review any estate planning instruments to ensure they are up-to-date.

• Should you hire a real estate lawyer in Rochester?

  It is a local custom to have a lawyer in Rochester and the rest of New York if you purchase or sell a home. Real estate lawyers will draft, process, and finalize contracts, assist with negotiations, and represent the client during closing. They will advise clients about any paperwork they sign, such as deeds, mortgage documents, and transfer tax returns. Real estate agents may recommend a lawyer, but you will not be required to hire them.

• Is it still possible for a seller in Rochester to cancel a contract?

  If the contract has already been signed in Rochester, it may not be possible to cancel because it is already considered legally binding. The buyer may sue the seller for breach of contract. The real estate agent may also sue buyers if any deal falls through. Once the seller and buyer have signed the home purchase agreement, the seller is legally obliged to commit to the agreement. A contract with an attorney review clause, however, is an exception.

• Where do mechanic's liens get filed in Rochester?

  Mechanic's liens are filed in person at the Monroe County Clerk's Office at 101 County Office Building 39 W. Main St., Rochester, NY 14614. There are also third-party companies that accept e-recording for the county clerk, and these companies include Corporation Service Company and Simplifile. For more information, you can reach the clerk's office by phone at 585-753-1600 or by email at mcclerk@monroecounty.gov.

• Is litigation the only option when real estate disputes in Rochester arise?

  Aside from litigation, real estate disputes in Rochester may be resolved through alternative dispute resolution methods. ADR procedures include mediation, arbitration, and negotiation and are usually less costly and faster than litigation. Take note that a dispute already in litigation may still go through ADR. Mediation services with lower fees may be available at the court or Community Dispute Resolution Centers.

• What does a real estate attorney do?

  Real estate attorneys are responsible for preparing and reviewing transactional documents and helping clients with the closing process. They draft purchase agreements, perform title searches, write title insurance policies, disburse funds, and prepare federally mandated HUD-1 settlement statements. They can also help clients understand the tax implications of selling a home. In the case of a dispute between the buyer, seller, or a third party, real estate attorneys also defend clients in court. Even if there is no identifiable dispute over the transaction, an attorney will make sure everyone “plays by the rules” during the purchase or sale.

• Can I purchase property without a real estate attorney?

  In some cases, it’s possible to purchase residential or commercial real estate without consulting a real estate lawyer. However, legal representation is required in approximately 20 states, and some jurisdictions require a lawyer to be present at the closing. Usually, real estate attorneys take over once real estate agents have an offer in hand. Buyers are encouraged to consult an attorney when purchasing damaged or bank-owned property or real estate located in high-risk areas. Attorneys can also assist out-of-town buyers and negotiate favorable solutions if liens, structural issues, or legal challenges crop up during the procurement.

• What does a real estate attorney do for a buyer/seller?

  Real estate transactions may seem cut and dried, but it’s common for unforeseen difficulties to arise. Attorneys who represent buyers or sellers can facilitate a successful transaction while protecting their clients’ interests and preventing costly mistakes. On the buyer’s side, attorneys can provide advice related to financing, estate planning, tax law, and first-time home buyer credits. Real estate attorneys can also help sellers who are dealing with challenges due to liens, structural damage, probate disputes, or uncooperative partners.

• What’s the difference between real estate and property?

  Real estate includes land, permanent structures, and natural resources, such as water, minerals, and trees. Property typically describes personal items and belongings that aren’t permanently attached to land. The transfer of real property includes the bundle of legal rights, which give landowners the freedom to possess or occupy the property, enjoy their land without interference, restrict others’ access to the property, and dispose of their ownership rights as they see fit.

• What happens when a real estate lawyer puts a lien on you?

  In most cases, liens stay attached to the property until the debt is satisfied or the debtor files for bankruptcy. The creditor’s rights vary depending on whether the lien is voluntary or involuntary. Additionally, if a lien has been perfected, that lienholder has priority over other creditors. Voluntary liens are most common when homeowners use their property as collateral against a secured loan. Involuntary liens are typically related to back taxes, court judgments, and child support. Properties are also subject to involuntary mechanic’s or materialman’s liens in case a customer or contractor fails to pay for materials or labor. Liens don’t necessarily prevent someone from transferring property, but most buyers want a title that’s free and clear.

• What does a real estate lawyer do at closing?

  Lawyers perform critical functions during every stage of the closing process. They draft and review documents, negotiate contracts, and finalize all of the details needed to close the sale. Attorneys who represent buyers can negotiate the terms of sales contracts, including contingencies, perform title searches to ensure that the seller can legally transfer ownership, and resolve issues related to third-party claims, liens, and easements. They can also assist with loan paperwork, title insurance, and other financial matters, such as taxes and transfer fees. Real estate attorneys who represent sellers are responsible for handling deeds, insurance declarations, and payoff letters.

• Do I need a lawyer to sell my house privately?

  Not necessarily. Some states require a real estate attorney to be present at the closing, but there are some situations when you might consider hiring one even if it's optional where you live. Examples might include:

  • You're selling the house with an uncooperative partner
  • You've inherited a property from an owner who is now deceased
  • You anticipate tax consequences

• Can a real estate lawyer represent the buyer and seller?

  Generally speaking, no, because the seller and buyer have different priorities when it comes to a home sale, and some of those interests conflict. States have specific laws governing whether or not a real estate lawyer can represent the buyer and seller, and if this does happen, there's often a waiver that has to be signed by both parties acknowledging a conflict exists. States may have different names for a document like this, but it's usually called a Conflict Waiver. Acceptable exceptions for using the same real estate lawyer might include a property being transferred from one family member to another, such as a father to his son.

• How much does a closing attorney cost?

  Some states require a closing attorney, while others deem it optional. The cost of hiring a closing attorney varies widely by the state and law firm you choose. You can expect to pay between $2,500 and $3,000 for a simple buy/sell transaction, but keep in mind that this cost is likely to vary depending on your location and the complexities of the closing.

• Do you need a lawyer to sell land?

  Technically, no, you don't need a lawyer to sell land, but there are some situations when it might be a good idea. You might consider hiring an attorney if you are faced with existing boundary disputes, involved in a sale of land that's partially wetland, or in circumstances concerning tax issues. Specific laws related to land vary by state, but one potential issue is the tax rate, which can differ depending on whether the land can have structures built on it.

• What role does a real estate lawyer play in mortgages?

  Lawyers can assist buyers and sellers in transactions involving bank financing. They can review the fine print, any title insurance declarations, and the mortgage terms. A real estate attorney also will ensure that funds are distributed to the correct parties, especially if there are any outstanding mortgages or liens that need to be paid before the title transfer.