Legal Question in Wills and Trusts in New York
I reside in TN. I am selling 10 acres in NY. Today I received a contract for cash. Do I need to an attorney? If so, where do I retain on, Tn or NY?
4 Answers from Attorneys
Use an attorney familiar with NY law. I am licensed in NY and FLA.
I would use a New York attorney that is located near the realty that you are selling.
Mike.
You need a NY lawyer familiar with NY real estate issues.
As the other attorneys advise you, NY is the place in which you should locate an attorney. No matter which state real property is located in, it is the laws of that state which will apply to the transaction. Thus, here in NY, there are a variety of state laws that will affect the conveyance and it makes perfect sense to have an attorney who is knowledgeable about the pertinent laws.
The best time to hire an attorney for the transaction is before contract, since it is traditionally the seller's attorney who will draft the contract.
In addition, you should be aware that while you can certainly attend the closing of title, if attending closing is for any reason difficult, you can even execute a power of attorney to have someone in NY act on your behalf in the transaction.
If you'd like to discuss any of the issues, you may feel free to contact me (or any of the other fine lawyers who have responded to your question). 212 791-6240.