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Talk to an attorney before you sign the contract
In New York, the contract of sale is the binding document — not the offer. The cheapest time to fix a problem is before that contract is signed. We represent buyers and sellers across all five boroughs, and an attorney works directly with you from contract to closing.
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New York is an “attorney state.” Unlike places where a title or escrow company runs the deal, here a real estate attorney drafts and negotiates the contract, runs due diligence, clears title, coordinates with the lender, and represents you at the closing table. For most people, a home is the largest transaction of their life — and a NYC property carries layers of regulation that do not exist elsewhere. Having counsel is not a formality; it is how problems get caught while they are still fixable.
What a transaction attorney actually does
The job runs from before the contract through the recording of the deed. The six pieces below are where the real work — and the real risk — lives.
Draft and negotiate the contract of sale
In New York, the signed contract — not the accepted offer — is what binds the parties. We draft or review it before you sign, so the terms, contingencies, and timelines protect you.
Run real due diligence
Title report, open DOB / HPD / ECB violations, certificate of occupancy, and — for condos and co-ops — the offering plan, board minutes, and building financials.
Clear title and resolve violations
Liens, judgments, and open violations get resolved before closing, or handled with a credit or escrow so they do not follow the buyer.
Coordinate the lender and the closing
We align the mortgage commitment, title clearance, and closing adjustments so funding and transfer happen the same day.
Close and record
Execute the deed and transfer documents, disburse funds, and record the deed and mortgage with the City Register.
Spot the deal-killers early
Illegal conversions, an out-of-date C of O, lot-line and survey issues, or a board that will not approve — the problems that sink a deal are cheapest to fix before contract.
The deal-killers worth catching early
Most deals that fall apart fall apart for one of three reasons. All three are easier and cheaper to handle before the contract is signed than after.
Open violations and an out-of-date Certificate of Occupancy
An open DOB/ECB violation or a C of O that does not match the building as it stands can stall a closing or kill a buyer’s financing. We catch these in diligence and build a cure or credit into the deal.
Title defects
Liens, unsatisfied mortgages, judgments, estate gaps, or a prior deed irregularity all cloud title. They are resolvable — but only if someone reads the title report closely and acts before the closing table.
Financing and appraisal gaps
A mortgage commitment with conditions, a low appraisal, or a co-op board’s debt-to-income rules can unwind a deal late. The contract’s contingencies decide who carries that risk.
A representative matter: 246 7th Street, Gowanus
Nacmias Law Firm represented the seller in the sale of 246 7th Street in Gowanus, Brooklyn — a property now slated for new residential development, as reported by New York YIMBY. Getting a NYC development site to a clean closing means handling exactly the issues above: confirming what the zoning and existing certificate of occupancy allow, clearing title, and structuring the contract so both sides can perform. Every transaction is different, but the discipline is the same.
This matter is described as an example of the firm's work. Prior results do not guarantee or predict a similar outcome in any future matter.
Work directly with your attorney
At Nacmias Law Firm, an attorney handles your file — not a coordinator or a call center. Whether you are buying your first apartment, selling a brownstone, or closing a development site, you work directly with the attorney on your case from contract to keys. Learn more about our real estate practice.
Buying or selling NYC property?
Get a free 15-minute case review. An attorney works directly with you from contract to closing, across all five boroughs.
Michael Sargo, Esq.
Partner, Nacmias Law Firm — Real Estate Transactions & OATH Violations
Sources
Legal Disclaimer: This article is general information about NYC real estate transactions, not legal advice. Every transaction is unique, and you should consult an attorney about your specific situation. The matter described is offered as an example of the firm's work; references to past matters do not guarantee or predict a similar outcome in any future matter. This is attorney advertising. Prior results do not guarantee a similar outcome.