Questions to Ask Your Real Estate Attorney in NYC (2025)

August 10, 2025 by Nicole Fishman Benoliel

In this article, we will provide an overview of the most important questions to ask your real estate attorney in New York City. By reviewing the following list of questions, you will learn how to interview a real estate lawyer effectively. Having a qualified real estate attorney is arguably more significant than having a veteran buyer’s agent when purchasing a home in NYC.

Buyer’s agents play a crucial role in matching buyers and sellers. However, their responsibilities mainly end with the acceptance of an offer. After that point, the real estate attorney steps in and manages all aspects of contract negotiations, legal and financial due diligence, as well as the closing process.

Therefore, have an experienced, trustworthy, and competent real estate attorney to guide you through one of the most important transactions of your life!

What Other Areas of Law Do You Practice Outside Real Estate?

This is a trick question: the last thing you want is for your lawyer to claim expertise in multiple fields unrelated to real estate. If they claim to be a practicing expert in criminal defense real estate attorney reviewing a contract. how much do they charge - Questions to Ask Your Real Estate Attorney and divorce litigation, in addition to residential real estate, you may have a problem.

The legal field is highly complex, and experts in each niche typically focus exclusively on their area of specialization.

There is too much depth of knowledge and competition in law for a lawyer to be an expert in multiple fields simultaneously.

Therefore, be cautious if the real estate lawyer you are interviewing starts to claim expertise in various unrelated areas, as they are likely not the best in any of those fields. Additionally, be especially careful if your real estate attorney also practices litigation.

Litigators spend a significant amount of time in court and cannot check their smartphones or respond to your needs while representing their clients. Consequently, they are often unavailable in the mornings and early afternoons when they are in court.

This does not mean they are bad lawyers, but rather that they may not be well-suited for residential real estate transactions. Every second counts. You want your lawyer to be able to respond to other parties during working hours.

Moreover, a real estate attorney who does not specialize solely in real estate may not be familiar with the many unique aspects of the New York City real estate market. For instance, are they knowledgeable about NYC real estate taxes? Are they experienced with new construction and sponsor sales?

Have they handled condo or co-op transactions before?

Be mindful of whom you choose to work with; an attorney unfamiliar with the specific characteristics of NYC real estate can cost you significantly more than their fees if they make a mistake.

Will You Personally Be Working with Me, or Will You Hand Me off to Your Paralegal?

This is a fundamental question to ask, especially if you are paying a premium for a brand-name real estate attorney. You work with the best real estate lawyer in New York City, but it won’t matter if their assistant is in charge.

Confirm in writing whether your attorney will personally handle your file and attend your closing. If they plan to pass you off to a paralegal, secretary, or associate, you need to be aware of this before you commit.

Remember, if a paralegal represents you at closing, you will likely be at a disadvantage compared to your counterparty, who will likely have their lawyer present. Your counterparty’s lawyer will be significantly more experienced and senior than a paralegal, which could result in losing on various points of contention. Don’t let that happen to you!

How Attentive and Responsive Will You Be?

While this may seem like an obvious question to ask your real estate attorney in NYC, many people assume their lawyer will respond to inquiries within a reasonable timeframe. In today’s digital age, this typically means responding to emails within a few hours during regular business hours.

You can evaluate your lawyer’s responsiveness by observing how quickly they reply to your initial inquiry. If they take several days to respond, especially as a first-time homebuyer in NYC, it is a sign that they may not be the right fit for you. This question also relates to who will be handling your case.

If the lawyer usually relies on a paralegal or an assistant to manage client files, they may feel less inclined to respond directly to you. In such situations, you could experience significant delays in communication, as the lawyer may simply be delegating the work to their assistant rather than engaging with you directly.

Is Your Legal Fee All-Inclusive?

Be cautious of lawyers who advertise low fees to attract clients, only to charge extra for various services such as printing, phone calls, travel, or attending the closing. Typically, attorneys charge real estate legal fees at closing as a one-time, all-inclusive flat fee.

The only exception is if the lawyer incurs costs for messengers or shipping. In such cases, they might add those charges to the flat fee. Obtain a written confirmation of the fee amount and what it includes. A retainer agreement is generally unnecessary for fees under $3,500, and most lawyers won’t require one.

In rare instances where they do, they may request half of the fee upfront and the remaining half at closing. Reputable lawyers understand that their business relies on referrals. They won’t take a client to court for matters involving less than $3,000.

Because of this, they typically do not require an engagement letter or any other contract for fees below that amount.

What Does Your Due Diligence Entail?

When buying a condo or co-op in New York City, work with a competent real estate lawyer who will conduct thorough contract, legal, and financial due diligence on your behalf, regardless of their fee structure. A skilled lawyer will review the building’s financial statements, analyze board minutes, and assess the original offering plan.

They will negotiate the purchase contract on your behalf and order a title report or a co-op lien search, ensuring that everything is in order. Additionally, they will guide you through the closing process and provide further assistance as needed.

However, some lawyers may deliver inadequate services or perform only limited due diligence due to inexperience or a lack of motivation, which is often reflected in their lower fees. In some instances, a lawyer may cut corners because of being overwhelmed with their workload.

Identify these issues during the interview process with potential real estate attorneys. You want to ensure that they are not overly stressed or at risk of burnout while managing your transaction.

Are You Affiliated with a Title Company?

A lawyer who receives compensation for referring clients to a title company, or who outright owns a title company, may face a serious conflict of interest with their buyer client. In such cases, the lawyer often earns significantly more from the title company than from their client.

This situation is problematic for buyers because the title company typically aims to insure as little as possible, while the buyer wants to insure as much as they can. If the lawyer in this scenario does not get money from either party if the deal falls through, they may prioritize the interests of the title company to facilitate the transaction.

Often, the buyer remains unaware of this conflict. As you may know from your research on closing costs in New York City, title searches and title insurance are among the most significant expenses associated with closing.

Consequently, a lawyer might charge a low fee for their services while simultaneously earning a greater income from the title company. The New York State Bar Association has deemed this practice unethical; however, many law firms continue to engage in it.

What Kind of Insurance Coverage Do You Have?

Some of the most commonly overlooked questions to ask your real estate attorney in New York City involve their professional liability insurance and fidelity bond coverage.

Because of high costs, many law firms carry only a minimal amount of professional liability insurance. This can be particularly problematic for home buyers, given that the average sale price in New York City is approximately $2 million. This issue is particularly critical for buyers of luxury apartments, defined as properties priced at $10 million or more. Suppose an insurance claim arises from a problematic luxury transaction. In that case, many law firms may not have sufficient funds to cover the damages, even if they do have some insurance in place.

Fidelity bond coverage protects against the theft of client funds by employees. For instance, a paralegal, who may be experiencing financial difficulties, might steal deposits from buyers held in the firm’s general escrow account. Ensure that your attorney has this coverage to safeguard against such risks. Typically, law firms with experience acting as lenders’ attorneys maintain fidelity bond coverage, as banks require it.

What Kind of Computer or Email Security Does Your Law Firm Employ?

It may seem like a minor question to ask your real estate attorney in NYC. However, they handle sensitive information. Your lawyer will have access to personal details, such as bank account information and Social Security numbers.

Additionally, you and your real estate agent may have shared documents. Those include your Deal Sheet, REBNY Financial Statement, and co-op board application. This is not the kind of information you want to be vulnerable to hacking or sold on the dark web. Your attorney has both legal and ethical obligations to protect client data.

They don’t need to be tech experts themselves. However, they should invest in a tech consultant if they are unable to secure this information adequately. A red flag to watch out for is if a lawyer uses a Gmail account or other non-professional email services. This may indicate that they do not take security seriously or lack a solid understanding of technology.