Buying or selling a home, explained clearly.
Zlotowitz Law represents homebuyers and sellers in the New York metro area. You'll work directly with Chaim Zlotowitz, who personally handles the legal work on your transaction from contract to closing.
Buying a home
We handle the legal side of your purchase, from reviewing and negotiating the contract to advising you on mortgage deadlines, reviewing title matters and preparing for closing.
We explain the process, keep you informed and work directly with you throughout the transaction.
- Contract review and negotiation
- We review the proposed contract, discuss its terms with you and negotiate appropriate protections before you sign.
- Mortgage and title matters
- We monitor contractual financing deadlines, review title issues and assist you in addressing matters that arise.
- Closing preparation
- We work with the lender, title company and seller's attorney on the legal aspects of closing, review the necessary documents and advise you on what to expect.
Selling a home
We prepare and negotiate your contract, assist with title and mortgage payoff matters, and handle the legal aspects of closing, including advising you on possession arrangements.
- Contract preparation and negotiation
- We prepare the contract of sale and negotiate its terms with the buyer's attorney.
- Title and mortgage payoff matters
- We review relevant title issues and assist with arrangements for satisfying existing mortgages and other obligations at closing.
- Closing and sale proceeds
- We handle the legal aspects of closing, review the closing figures and advise you regarding the delivery of possession and receipt of sale proceeds.
How much will closing cost?
Estimate the additional costs involved in buying your home.
Buying a home, step by step
Every home purchase is different, but most New York transactions follow a similar process. Here's what to expect along the way.
01Understand your budget and get preapproved
Before seriously shopping for a home, speak with a mortgage lender to understand what you can comfortably afford and how much financing you may qualify for.
Remember that your monthly payment includes more than principal and interest. Property taxes, homeowners insurance and other expenses can make a significant difference.
A mortgage preapproval is an important starting point, but it is not a guarantee of final loan approval. You should also understand how much money you'll need for your down payment and closing costs.
02Your offer is accepted
Once the seller accepts your offer, contact us before signing anything or sending a deposit.
Share the property address, agreed price, anticipated down payment, financing plans, broker contacts and any special terms.
In a typical New York residential transaction, an accepted offer does not by itself create a binding purchase contract.
Usually, the broker sends a deal sheet to both attorneys outlining the agreed terms. If there is no broker, the attorneys communicate directly.
03Inspect the home
Schedule a home inspection promptly, preferably before signing the contract.
You should attend the inspection and ask questions about the roof, structure, mechanical systems, water intrusion and any other concerns.
Depending on the property, you may want additional inspections by specialists.
Review the findings and let us know about any requested repairs, credits or other concerns before the contract is signed.
We can assist in negotiating appropriate contractual provisions addressing those concerns.
04Contract review and negotiation
The seller's attorney typically prepares the initial contract.
We review the proposed contract with you and negotiate its terms, including the purchase price, deposit, financing, closing date, included items, property condition, title matters and other potential risks.
Tell us about any promises made by the seller or broker, including any understanding about appliances, fixtures or other personal property being included in the sale.
Do not assume a verbal understanding is protected unless it is included in the written agreement.
05Sign the contract and pay the deposit
Once the terms are agreed upon, the parties sign the contract.
The buyer typically delivers a contract deposit, commonly 5–10% of the purchase price, when signing.
The seller's attorney generally holds the deposit in escrow until closing.
The deposit counts toward your purchase price. It is not an additional charge.
However, the deposit may be at risk if you default without a contractual right to cancel.
Always confirm payment and escrow instructions with us before sending funds.
06Obtain your mortgage commitment
If you are financing the purchase, continue working with your lender after the contract is signed.
Respond promptly to requests for financial documents, employment information, explanations and other materials.
A preapproval is not a final mortgage commitment.
We monitor the mortgage contingency and applicable contractual deadlines and advise you regarding any issues that arise.
Do not assume every mortgage denial automatically permits cancellation or the return of your deposit.
Avoid major financial changes or new debt without first speaking with your lender.
07Review title and property issues
The title company conducts a title search to identify mortgages, liens, judgments and other matters that may affect the property.
We review the title report and assist you in understanding and addressing relevant issues.
Depending on the property, other concerns may include surveys, open permits, municipal violations, certificates of occupancy and other property-related requirements.
We also review available survey information and discuss issues such as encroachments or boundary concerns where applicable.
If a significant issue arises, we explain its implications and advise you regarding your options under the contract.
08Prepare for closing
We work with the lender, title company and seller's attorney on the legal aspects of closing, including reviewing documents, discussing closing arrangements and advising you regarding the funds needed to complete the transaction.
Review your Closing Disclosure and final figures, arrange homeowners insurance when required, and schedule a final walkthrough shortly before closing.
Before sending any wire, independently verify the instructions by calling us or the title company using a trusted telephone number.
Never rely solely on an unexpected email containing new or changed wire instructions.
09Close and receive the keys
At closing, you sign the necessary documents, including mortgage documents if you are financing the purchase, and the purchase funds are delivered according to the closing arrangements.
The seller delivers the deed or other applicable transfer documents, and the title company handles recording where applicable.
Keys and possession are typically delivered at closing unless the contract provides for another arrangement, such as the seller remaining in the property temporarily after closing.
We assist you with the legal aspects of closing and advise you regarding any agreed possession arrangements.
Congratulations on your new home!
General information about a typical New York home purchase, not advice about a particular transaction.
Common questions
When should I contact Zlotowitz Law?
Ideally, when you're serious about a home and preparing to make an offer.
Once your offer is accepted, you should certainly contact us so we can begin the contract process.
What should I send you first?
Start with the property address, accepted offer or broker's deal sheet, broker contact information, your lender or preapproval information, and any inspection report or agreements about repairs, credits or included items.
If you don't have everything yet, that's fine. We can start with what you have.
Is my accepted offer legally binding?
In a typical New York residential purchase, the transaction is ordinarily not binding until a written contract has been signed by the parties.
However, particular documents or circumstances may be different, so contact us before signing anything.
How much money will I need besides my down payment?
You'll also need to budget for closing costs, which may include attorney fees, lender charges, title costs, taxes, insurance, prepaid interest and escrow deposits.
The amount depends on the property, location and financing.
Use our closing-cost estimator as a starting point. We'll help you understand the legal and title-related closing charges, while your lender provides its financing figures.
What happens if the inspection reveals a problem?
Let us know about the issue before signing the contract.
You may request repairs, a credit, a price adjustment or additional investigation, but the seller is not automatically required to agree.
We can discuss the findings with you and, where appropriate, negotiate contract terms addressing your concerns.
Once a contract is signed, your rights depend on its terms.
What if my mortgage is denied?
That depends on the mortgage contingency, the lender's reasons and whether the required application and notice deadlines have been followed.
Some contracts permit cancellation and return of the deposit in qualifying circumstances. Others do not.
Contact us immediately if financing becomes uncertain. We'll review your contractual rights and advise you regarding your options.
What is title insurance?
Title insurance protects you if someone later discovers a covered problem with the legal ownership of your home.
For example, there may be an old unpaid mortgage, an unknown lien or someone else claiming an ownership interest.
If a covered problem arises, the title insurance company can help defend your ownership and cover certain losses, subject to the policy's terms.
Unlike most insurance, which protects against future events, title insurance generally protects against covered problems that existed before you purchased the property.
We'll help you understand the title-related issues that arise in your transaction.
What is a property survey, and why do I need one?
A property survey is a drawing prepared by a licensed surveyor that shows the boundaries of your property and where the house, driveway, fences and other structures are located.
It can reveal issues you might not notice when looking at the property, such as a neighbor's fence crossing the property line, a driveway extending onto someone else's land or a structure built too close to a boundary.
Sometimes an existing survey can be used, while other transactions require a new one.
We'll assist you in reviewing relevant survey issues and discussing them with the title company where necessary.
How long does buying a home take?
Many New York purchases involving a mortgage close approximately two to three months after the contract is signed, although every transaction is different.
Cash purchases can sometimes close much faster, provided the property, title and seller are ready.
We'll work with the other parties on the legal aspects of getting your transaction ready for closing.
What happens at closing, and when do I get the keys?
You sign the necessary purchase and loan documents, if applicable, and the purchase funds are delivered according to the closing arrangements, generally by bank check or wire.
Keys are typically delivered at closing unless the contract provides for another arrangement, such as temporary post-closing possession by the seller.
We'll advise you regarding the contract's possession provisions and assist with any legal issues involving those arrangements.
How do I protect myself against wire fraud?
Before sending a deposit or closing funds, call us or the title company at a telephone number you independently know and confirm the payment instructions.
Treat any unexpected or last-minute change to wire instructions as suspicious until independently verified.
When should I contact Zlotowitz Law about selling my home?
Ideally, when you're preparing to market your property, and certainly before signing a contract.
Once you accept an offer, we can begin preparing the contract and reviewing issues that may affect the transaction.
What information should I send you?
Start with the property address, broker information, agreed sale terms, existing mortgage information and any survey or title documents you have.
Also tell us about known issues involving the property, open permits, violations, tenants or agreements with the buyer.
You don't need to gather everything before making the first call.
What happens after I accept an offer?
The broker typically sends a deal sheet to the attorneys outlining the agreed terms.
We prepare the contract of sale and negotiate it with the buyer's attorney.
Once the contract is signed and deposit arrangements are completed, we assist with the legal matters necessary to prepare for closing.
Do I need to pay off my mortgage before selling?
Usually not. The proceeds from the sale are typically used to pay off your existing mortgage at closing.
What if there are open permits or violations on my property?
These issues may need to be addressed before closing.
Depending on the contract and the nature of the issue, they may require correction, municipal sign-off or another agreed arrangement.
Tell us about known issues early. We'll review their contractual implications and assist you in addressing them with the appropriate parties.
What if the buyer cannot get a mortgage?
The answer depends on the mortgage contingency, including its deadlines, notice requirements and whether the buyer complied with the contract.
We'll review the situation and explain whether the buyer may cancel, must continue toward closing or may be in default.
When do I receive my money, and when must I move out?
Sellers generally receive their net proceeds at closing after mortgages, liens, closing expenses and other required amounts are paid.
Possession is ordinarily delivered at closing unless the contract provides for another arrangement.
If you need time to remain in the property after closing, discuss that with us before signing the contract so we can assist in negotiating the appropriate provisions.
Want to speak with a lawyer about your purchase or sale?
Prefer to call? (516) 714-4200