FAQs — Weinman Law Offices, PC

Question 1

What services do you offer?

Accepted Answer

I handle residential and commercial purchases and sales, vacant land transactions, condos, co-ops, contract drafting and negotiation, title review, lender coordination, and closings (in-person or virtual). I also help with LLC formation, lease reviews, deed transfers, and basic dispute guidance. If litigation is required, I'll refer you to the right person.

Question 2

How can I schedule a consultation?

Accepted Answer

Call my office at 718-442-2010 or submit a consultation request through my website. I can usually get you in same-day or next business day, and I'm happy to do phone or video consultations for your convenience.

Question 3

What should I bring to my initial consultation?

Accepted Answer

Bring your photo ID, any contract or offer letter you've received, your pre-approval or proof of funds, any title reports or surveys you have, recent utility and tax bills, and for condos/co-ops, the offering plan or house rules if you have them. If selling, bring a copy of your deed, title insurance policy, certificate of occupancy, and any plans/permits you may have obtained. Also bring a list of your questions and any important dates or deadlines.

Question 4

What areas do you serve?

Accepted Answer

I'm based in Staten Island and primarily serve the greater NYC area, but I can assist anywhere in New York State. I'm also licensed in New Jersey, which comes in handy when transactions or parties have cross-state elements.

Question 5

Are there any upfront fees for consultations?

Accepted Answer

No, initial consultations are free. If you decide to retain me, upon request, I'll give you a clear engagement letter with a flat fee or hourly structure depending on the matter. For matters under $3,500, the NYS Bar Association does not require an engagement letter.

Question 6

What do you charge to represent a buyer or seller?

Accepted Answer

[NY & NJ] My flat fee for buyer or seller representation for sale/purchase prices under $1,000,000 is usually $2,000. I collect $500 up front when you sign the contract, and the balance of $1,500 is paid at closing. If it's new construction, a condominium, a co-op, or if there's a trust or LLC involved, my fee is usually higher. If the deal falls through after I've negotiated the contract (for example, if the buyer backs out), I charge $350 for the contract work. My fee does not include post-closing work or litigation.

Question 7

Do you charge a percentage or a flat fee?

Accepted Answer

For most residential transactions, I charge a flat fee of $2,000. For complex commercial transactions or high-value properties, my fee is typically one quarter of one percent of the purchase price.

Question 8

What is your fee for LLC formation?

Accepted Answer

[NY] My fee for LLC formation is $1,250. Please note that New York has a publishing requirement when forming an LLC (NY Department of State), which can cost more than $1,000 on top of my fee. Connecticut does not have this requirement, so if you're considering a CT LLC that will operate in NY, I'd recommend discussing the pros and cons with your tax preparer first. There may be significant differences in the tax ramifications between the two states.

Question 9

How much should I put down as a deposit?

Accepted Answer

I typically recommend 10% of the purchase price, though the amount is negotiable. Some buyers opt for smaller deposits (e.g., $10,000), which has the benefit of being litigated in Small Claims Court if there's ever a dispute over the deposit. The deposit shows the seller you're serious.

Question 10

Who holds the deposit?

Accepted Answer

[NY] The deposit is typically held in the seller's attorney's escrow account (called an IOLA) or in a title company's escrow account until closing. [NJ] In New Jersey, the buyer's attorney or the title company may hold it. Either way, the deposit is not released to the seller until the closing.

Question 11

Can I use my deposit from selling my house to pay the deposit on my new purchase?

Accepted Answer

No, you'll need to pay the deposit on your new purchase from your own funds. The deposit money from your buyer is not yours until your closing - typically about 60 days away. You should have separate funds available for your purchase deposit.

Question 12

What happens to my deposit if the deal falls through?

Accepted Answer

It depends on why it fell through. If it's due to a contingency in the contract (mortgage denial, failed inspection, co-op board rejection, etc.), your deposit is typically returned. If you back out without a valid contractual reason, you risk losing your deposit. If the seller backs out, you're entitled to your deposit back and may have additional legal remedies.

Question 13

When should I hire a real estate lawyer as a home buyer?

Accepted Answer

It is best to hire a real estate lawyer as soon as your offer is accepted or even before you sign a contract. I can review and negotiate your contract, explain your rights and obligations, and help you avoid terms that may create problems later in the process.Learn more: Do You Need a Real Estate Lawyer to Buy a House in New York?

Question 14

What does a real estate lawyer do for a home buyer?

Accepted Answer

As your lawyer, I review and negotiate your contract, coordinate with your real estate agent and lender, review the title report, address issues that arise from inspections, and represent you at closing so you understand what you are signing and what happens next.Learn more: What Does a Buyer's Attorney Do at Closing?

Question 15

How long does a typical Staten Island real estate closing take?

Accepted Answer

While every transaction is different, a typical residential closing in Staten Island may take anywhere from 45 to 90 days from contract to closing, depending on financing, inspections, title issues, and other factors.Learn more: How Long Does a Real Estate Closing Take in New York?

Question 16

Do I need a real estate attorney to buy a home?

Accepted Answer

[NY] New York doesn't technically require you to hire an attorney, but it's customary and I strongly recommend it. I negotiate your contract, review title and building documents, address issues that come up, and represent you at closing. [NJ] In New Jersey, attorney involvement is also standard and recommended.Learn more: Do You Need a Real Estate Lawyer to Buy a House in New York? | Do You Need a Lawyer When Buying a House in New Jersey?

Question 17

What's the difference between pre-qualification and pre-approval?

Accepted Answer

Pre-qualification is a quick estimate based on information you provide verbally. Pre-approval is based on actual documentation and a credit review, so it carries much more weight with sellers. Get a pre-approval before you start serious house hunting.

Question 18

How does the offer-to-contract process work?

Accepted Answer

[NY] After an offer is accepted, the seller's attorney sends over a draft contract. I negotiate the terms and add any necessary riders. You sign and deliver your deposit (usually 10% but negotiable). The seller countersigns, and then you have a binding contract. [NJ] In New Jersey, there's a three-day attorney review period after the initial contract is signed.

Question 19

Is there an attorney review period?

Accepted Answer

[NY] No, there's no separate attorney review period in New York. I negotiate the contract terms before both sides sign and become bound. [NJ] New Jersey has a three-day attorney review period after the contract is signed, during which either attorney can disapprove or modify the contract.Learn more: New Jersey Attorney Review Period: Myths and Facts

Question 20

What documents do I need as a buyer?

Accepted Answer

You'll need a pre-approval letter from your lender, proof of funds for your deposit, and valid photo ID for closing. Your lender will request additional financial documentation for underwriting.

Question 21

Which contingencies are common for buyers?

Accepted Answer

Typical protections include mortgage/financing contingency, appraisal contingency, title clearance, and sometimes inspection or specific repair credits. I'll tailor the contingencies to your property and your risk tolerance.

Question 22

Should I sign the offer to purchase form?

Accepted Answer

Yes, it's fine to sign. An offer to purchase form is typically a standard form that just memorializes the basic terms you've agreed to with the seller (price, contingencies, etc.). Essentially, it's an agreement to agree. The actual contract will come from the seller's attorney, and that's what I'll review and negotiate in detail. Just make sure the offer is "contingent upon an inspection and attorney review."

Question 23

My spouse won't be on the mortgage. Should they be on the contract?

Accepted Answer

It makes no difference if they're on the contract. If they won't be on the loan (the note) but will be going into title (the deed), they would still have to sign the mortgage. Being on the contract doesn't affect underwriting.

Question 24

Are appliances, fixtures, and window treatments included?

Accepted Answer

Inclusions should be listed in the contract. By default, built-ins and fixtures usually stay; portable items may not. The final walk-through is when you confirm everything that's supposed to stay is actually there.

Question 25

What is the typical home-buying timeline?

Accepted Answer

[NY] Plan for 60-90 days from accepted offer to closing, depending on loan underwriting, title clearance, condo/co-op approvals, and how quickly everyone moves. [NJ] Similar timeframes, though the attorney review period adds a few days at the beginning.Learn more: The Staten Island Home Buying Process: A Step-by-Step Guide

Question 26

What does 'on or about' closing date mean?

Accepted Answer

[NY] An 'on or about' closing date (typically 60 days) provides flexibility for both parties. After day 60, either side can declare 'time of the essence,' giving the other party additional reasonable notice (typically 30 days in NY and 10 days in NJ) to close or be in default. This gives everyone reasonable time for mortgage approvals, title searches, and other contingencies.

Question 27

How long does it take to get mortgage commitment?

Accepted Answer

Mortgage commitment is typically required within 45 days from contract execution. Your lender will need time to process your application, order an appraisal, and complete underwriting. Stay in close contact with your loan officer and get them any requested documents as quickly as possible.

Question 28

How long does the actual closing take?

Accepted Answer

The closing itself typically takes 30-40 minutes if everyone is on time and all the documents are in order. However, it can extend if the bank needs signed documents before releasing funds or if there are last-minute issues to resolve. Some lenders will require their attorney/agent to email copies of the signed documents before authorizing the release of money. Plan to be available for at least 1-2 hours.

Question 29

When should I wire my funds for closing?

Accepted Answer

If a wire was chosen/required, wire your funds the day before closing if possible. The wire needs to be received before we can close, and there's always a possibility of delays. Many title companies have cutoff times (often 4pm), so don't wait until closing day. Wire from a checking account (not savings), and be aware that some banks require you to come into the branch in person.

Question 30

What happens at closing?

Accepted Answer

Everyone signs the final documents, funds are disbursed, keys are exchanged, and recording packages are finalized. You'll receive a closing statement and copies of all executed documents.

Question 31

Who attends the closing?

Accepted Answer

Typically, buyers and sellers (or their attorneys), the lender's attorney, title agent/closer, and sometimes managing agent representatives for condos/co-ops.

Question 32

What should a buyer bring to closing?

Accepted Answer

Come prepared with the following: two forms of photo ID (passport, driver's license, or other government-issued ID); certified funds in the form of a cashier's check or confirmed wire transfer for any balance due — personal checks are not accepted for large sums; proof of homeowner's insurance, which your lender requires before funding; flood insurance documentation if the property is in a flood zone; your checkbook for any last-minute small adjustments; any outstanding documents your lender requested (review your Closing Disclosure carefully beforehand); your Social Security number, which is needed for closing paperwork; and a power of attorney if someone will be signing on your behalf, which must be arranged in advance with your attorney. All buyers named on the contract and mortgage must be present unless a power of attorney has been arranged ahead of time. For a complete checklist, see our article: www.statenislandlaw.com/blog/what-to-bring-real-estate-closing-new-york

Question 33

Can I close remotely?

Accepted Answer

Often yes but not always. E-signing and remote notarization are available for many documents, and lenders frequently permit mail-away or hybrid e-closings. I'll confirm what's permitted for your transaction.

Question 34

What is the final walk-through?

Accepted Answer

It's your last inspection shortly before closing to confirm the property's condition, any agreed repairs, and that everything that's supposed to stay is there. If you find any issues, raise them immediately so we can address them at the closing table.

Question 35

When do I get the keys and possession?

Accepted Answer

Usually once funding is complete and the closing is done. If there's a post-closing occupancy arrangement, keys and possession follow the use-and-occupancy agreement.

Question 36

How do inspections work?

Accepted Answer

[NY] Inspections are typically completed before you sign the contract or during a negotiated inspection period. [NJ] Inspections are commonly done after the attorney review period. Either way, the inspector checks major systems, roof, structure, and environmental concerns, and the findings can inform our negotiations.

Question 37

What issues does the inspection contingency cover?

Accepted Answer

The inspection contingency is typically limited to 'major structural, safety, environmental, or mechanical defects of the systems of the home.' This does not include cosmetic issues, minor repairs, or normal wear and tear. The inspector's recommendations for preventative maintenance are typically not covered either.

Question 38

What happens if the inspection finds problems?

Accepted Answer

If the inspection reveals major defects, you have options: request that the seller make specific repairs before closing, request a credit at closing to cover repair costs, accept the property as-is, or cancel the contract if the defects are significant enough. I'll negotiate with the seller's attorney based on the inspection findings.Learn more: How to Handle Inspection Issues as a Seller in New York | The Importance of a Licensed Home Inspector

Question 39

Can I request an extension of the inspection period to get contractor estimates?

Accepted Answer

Yes, I can request an extension if you need time to bring contractors in to evaluate specific issues and get cost estimates. This allows you to make informed, specific requests for repairs or credits rather than broad demands.

Question 40

What if the seller offers a credit instead of making repairs?

Accepted Answer

A credit at closing is often preferable because you control the quality of the work, there are no follow-up inspections of seller-performed repairs, and you can use contractors you trust. If the seller offers a credit, understand that they will not perform repairs and you'll be responsible for all repairs after closing. Your lender must approve.

Question 41

Am I required to fix inspection issues as a seller?

Accepted Answer

Not automatically. Repairs, credits, or price adjustments are all negotiable unless your contract says otherwise. I'll help you evaluate the cost, timing, and market leverage.Learn more: How to Handle Inspection Issues as a Seller in New York

Question 42

Why does a home seller need a real estate lawyer?

Accepted Answer

A seller's lawyer drafts or reviews the contract, advises you on your obligations and required disclosures, responds to buyer requests, helps resolve inspection issues, and prepares you for closing so that you transfer the property correctly and on time.Learn more: Do You Need a Real Estate Lawyer to Sell Your Home in New York? | What Does a Seller's Attorney Do?

Question 43

What are common issues that can delay a closing for sellers?

Accepted Answer

Common issues include unresolved title problems, lien or payoff issues, inspection disputes, missing documents, and delays with the buyer's mortgage. Having an experienced real estate lawyer helps identify and address these issues early.

Question 44

Can you work with me if I am selling one home and buying another?

Accepted Answer

Yes. I regularly represent clients who are both selling and buying, sometimes on the same day. I help coordinate both transactions so that the timing and paperwork work together as smoothly as possible.

Question 45

When should I hire a seller's attorney?

Accepted Answer

Ideally before you accept an offer. That way your contract and riders are properly negotiated from the start and we can set realistic timelines.

Question 46

What documents do I need as a seller of a house?

Accepted Answer

Try to locate your deed, your owner's policy of title insurance from when you purchased, your survey, mortgage payoff information, and Certificate of Occupancy if available. Having these documents ready speeds up the contract preparation and closing process.Learn more: Home Selling Checklist: Essential Documents and Steps

Question 47

What documents do I need to sell a co-op?

Accepted Answer

[NY] For a co-op sale, you'll need the original stock certificate, the proprietary lease, and recent maintenance statements. The ORIGINAL documents are required at the day of closing - copies are not sufficient. If you can't locate the originals, replacement documents can be ordered but it may delay your closing. If you financed the unit, your lender is holding the stock certificate and proprietary lease as collateral (they're probably not lost).

Question 48

Why do you need my title insurance policy from when I purchased?

Accepted Answer

I like to see what was excepted from coverage when you purchased - things like encroachments, easements, or variations. Buyers may try to use these types of things as leverage for a discount or as an easy way out of a contract unless they're properly protected against or disclosed upfront. It's not absolutely necessary, but having it helps me draft a better contract.

Question 49

What documents will a seller's attorney prepare?

Accepted Answer

I'll prepare the contract of sale, required disclosures, riders tailored to your property, and closing deliverables like the deed, transfer tax forms, and pay-off letters.

Question 50

What are typical seller closing costs?

Accepted Answer

[NY] Sellers usually pay transfer taxes (approximately 1.4-2% of sale price in NYC), attorney fee, broker commissions, title company fees, document preparation fees, mortgage payoff, and any agreed credits or repairs. Additional costs may apply for condos and co-ops (HOA fees, flip tax, transfer agent fees). [NJ] Transfer taxes are typically paid by seller unless you negotiate otherwise.Learn more: Typical Closing Costs in New York City

Question 51

Can I remain in the home after closing (use & occupancy)?

Accepted Answer

Possession after closing requires a written use-and-occupancy agreement with defined "use and occupancy" (it's not called rent), duration, and security. The buyer is entitled to vacant possession at closing, so if you need to stay, the agreement should include: payment for use and occupancy; adjustments for taxes, water, oil, mortgage interest, and homeowners insurance through the date of possession; substantial escrow; and a per diem penalty for overstaying. Many lenders restrict post-closing occupancy for buyers, so plan early.

Question 52

What happens if the buyer defaults?

Accepted Answer

You may have the right to retain the contract deposit as liquidated damages or pursue other remedies, depending on the contract terms. I'll review your enforcement options with you.

Question 53

Can I accept a backup offer?

Accepted Answer

Backup offers are permissible but need to be structured carefully to avoid breaching the primary contract. Your Realtor should be able to advise.

Question 54

Do I have to complete a Property Condition Disclosure Statement?

Accepted Answer

[NY] Yes, as of March 2024, sellers must complete the PCDS (NY State Legislature) – despite anything you may have heard, the old $500 opt-out credit was eliminated. The PCDS is a questionnaire about the home's condition (structure, systems, environmental items, flood history/risk). It must be delivered before the buyer signs a binding contract. If you don't know the answer to a question, you must indicate 'unknown' - you cannot skip any questions. [NJ] New Jersey has separate seller disclosure requirements, which is very similar. There was never an option to "opt out" in New Jersey.Learn more: The New Enhanced Property Condition Disclosure Law in New York

Question 55

Are there any exceptions to the PCDS requirement?

Accepted Answer

[NY] Yes, the law carves out fiduciaries, including trusts. If the property is owned entirely by a trust, you don't need to complete one. However, if an LLC owns the property (or a portion of it), the LLC is required to provide a PCDS.

Question 56

Do I need to disclose prior damage that was repaired?

Accepted Answer

Yes. Even if the damage was repaired with insurance money, buyers have a right to know about prior fires, floods, or other significant events. Any known issues that could affect the property's value or the buyer's decision should be disclosed. Failing to disclose known material defects can expose you to liability.

Question 57

What's different about buying a condo?

Accepted Answer

[NY] With a condo, you own the unit plus a share of common elements. Expect a condo application, fees, a possible right of first refusal, and I'll need to review the offering plan and financials. Mortgage recording tax applies to condo loans.Learn more: Condos, Co-ops, and Private Homes: Key Differences

Question 58

What's different about buying a co-op?

Accepted Answer

[NY] You're buying shares in a corporation plus a proprietary lease - there's no deed. There's a board package, interview, and financial/policy review. The upside: no mortgage recording tax on co-op loans. The downsides: UCC filings and building transfer fees apply.Learn more: Condos, Co-ops, and Private Homes: Key Differences

Question 59

What is a board package and interview?

Accepted Answer

[NY] For co-ops, buyers submit a detailed financial and background package, and the board may conduct an interview. Strong, organized submissions with realistic debt-to-income ratios and sufficient liquidity help approvals.

Question 60

What financial standards do co-ops use?

Accepted Answer

[NY] Boards typically look at debt-to-income ratios, post-closing liquidity (how many months of maintenance and mortgage payments you'll have in reserves), credit history, and employment stability.

Question 61

How long does co-op board approval take?

Accepted Answer

[NY] It varies by building. Some boards meet weekly and can approve quickly, others meet monthly. You'll need to submit a complete application package and attend an interview. Build extra time into your closing target - timing ranges from a few weeks to over a month, plus interview scheduling.

Question 62

What happens if the co-op board rejects my buyer?

Accepted Answer

[NY] If the buyer is denied by the co-op board, the contract deposit is returned to the buyer. The contract is null and void, and neither party has any further claims or obligations. You can then look for a new buyer.

Question 63

What is a co-op or condo flip tax?

Accepted Answer

[NY] A flip tax (also called an option waiver fee) is charged by the co-op or condo when shares or units are transferred. It's typically 2-5% of the sale price and usually paid by the seller. The amount varies by building and is specified in the proprietary lease or offering plan.

Question 64

What is a condo's right of first refusal?

Accepted Answer

[NY] Many condos can either approve the purchaser or exercise a right to purchase the unit on the same terms. Most often they just issue a waiver, but you need to plan for the timing and any associated fees.

Frequently Asked Questions

Getting Started

Fees & Costs

Buying a Home

Closing Process

Selling a Home

Property Types

Financing & Title