Real Estate FAQ

General Questions


General Questions


Q: Do I Need an attorney?

No, but it's recommended. Why would you invest in your potentially largest asset of your life, without proper legal real estate representation?
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Q: If I hire a real estate broker, why do I need to hire a lawyer?

The benefit of competent legal advice on a real estate deal stands on its own. There are so many things that can go wrong on a real estate deal that you may very well end up regretting if you don't hire an attorney to help you with the transaction. You may even end up hiring a lawyer on a lawsuit, which could end up being a lot more expensive. Real estate agents don't usually get paid unless the deal closes (or unless you somehow become obligated to pay a commission by, for example, backing out of a deal or otherwise breaching your listing agreement). Listing agreements will clearly state that real estate agents are not providing legal advice. So real estate agents are typically not going to worry about the "what if's" of the legal details and are inclined to do whatever they can to push a deal to closure. This is not the case with an attorney, who is going to get paid one way or the other. An attorney will be in a better position to provide you with essential legal advice and to do so with more impartiality than may be the case with your real estate agent.
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Q: Do you represent the seller or the buyer?

We represent either the buyer or the seller - just not at the same time.
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Q: Why would I choose the Bronsther Law Firm for real estate matters?

Brian Bronsther has been practicing law and handling real estate transactions since 1984, and has represented buyers and sellers of real estate in New York in a myriad of circumstances. He understands the legalities and the nuances of real estate law, whether it is a first time buyer or a second investor.
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Q: What states do you practice real estate law in?

Brian practices real estate law in both New York, Connecticut and Florida. Each state has its own set of laws that pertain to real estate transactions, and must be followed.
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Q: What is title insurance?

Title insurance is required by all lenders to insure that their interest in the real estate property against title "defects". At the time of purchase, you have the option of buying an owner's policy for a reduced one time fee.
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Q: Why would I purchase an "owner's policy?" Doesn't the mortgage title insurance policy cover me?

Absolutely not – it only protects the bank's interest in case of a title legal battle. In the event that the purchased property has a title defect - legal claim against it, and you do not have your own title insurance, you would not be protected from losing your investment. Furthermore, you will still be obligated to pay your loan, if you financed your purchase. Your ability to go after the Seller may be your only option and may be futile.
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Q: Do I need a home inspection?

No, but why take a chance. Some lenders require a home inspection before they will give you a mortgage. Even in the event that they do not require an inspection, or that you are a cash purchaser, it is highly recommended that you still get a home inspection from a capable and professional home inspector.
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Q: Do I need a land survey?

We recommend a land survey because you can guarantee your boundary lines.
Contact us today for an initial estate planning consultation.
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Q: Are all contracts all the same?

No. Standard MLS contracts are negotiable. As your attorney, I will negotiate the most favorable terms on your behalf.
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Q: When do I call you into the process?

Depending upon your location, it might make more sense to meet before the contract, or after the contract. In most areas of Florida and New York State, it's a good idea to meet with us before the contract is signed. However, in the Albany area of New York (including the all of the Capital Region), it makes sense to meet after the contract is signed, as there is an "attorney approval" clause that allows freedom to negotiate… after the contract is signed!
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