Archive for the ‘New Construction Condominiums’ Category

A Brooklyn Real Estate Lawyer says Park Slope Real Estate has a ways to go ….

Thursday, October 1st, 2009

Real Estate closings in New York have been creeping up lately at our offices in Sheepshead Bay.  More and more people coming into our offices are first time homebuyers.  Many of them are purchasing real estate in Park Slope.  Ive devoted seperate blogs about Real Estate in Park Slope previously, but I would very much like to re-iterate a few points, specifically about new construction homes.

Heres the deal:  Many people are buying in Park Slope, specifically new construction condominums, and many of them have absolutely no idea what they are getting into.  Many of these new construction sites have used materials that you wouldn’t use to build a dog house (even for people who don’t love dogs, of which Ive found none).  The materials are ridiculous.  They’re absurd.  They’re cheap.  But the fact is they were used and the owners now have the privilege of living in new buildings where the elevators dont work, they hear their neighbors coughing (or…you know…) and/or the actual owners are suing the developers.

Why am I creating such a doomsday picture?  Because I am a jewish guy from Brooklyn and its in our blood to kvetch.  Not really.  I am saying this because I know of many individuals who have had the same problem.  Dont be fooled.  New construction doesn’t mean better.  New construction doesnt mean less headache.  New construction doesn’t mean more value over the long term.  Please, please, please make sure to have your potential new home inspected by an inspector with a great reputation.  In this economy, no one in Brooklyn wants to shell out a few hundred bucks if they are not going to buy a place.  But think about it.  You’re trading in a few hundred dollars for perhaps a life time of headaches and expenses.

Don’t get me wrong.  There are some places which were built well during the Real Estate boom in Brooklyn.  In my opinion, not legal, just personal, they are just few and far between.  If you see that your new construction has multiple mechanics liens filed, and there are lawsuits pending, then there is a good shot the developed weren’t shopping at the expensive aisle at the Home Depot.

Always remember:  Caveat Emptor.  That cost me about $150,000 and 3 years of education to learn.  Its fancy schmancy Brooklyn lawyer talk for  Buyer Beware.

Manhattan Real Estate Lawyer shows you how to pick a Manhattan Real Estate Attorney

Monday, July 13th, 2009

As a New York City Real Estate Attorney, Ive been asked to post this for quite some time.  The reason I decided not to post it for so long is because it can come off as self serving.  ”Oh a lawyer tells you the bad things about other lawyers so he can get your business!”  Kind of, but thats not really the point.  You see, I, like almost every other lawyer in the world has made occassioal mistakes. Anyone who says otherwise, no matter how experienced, is simply lying.  It happens more than once to the best of us.  So why write this then?  Because I think we need to take a good hard look at ourselves and see what works and what doesn’t, and what should earn a fee and what shouldnt.  To be perfectly honest a lawyer might not view $1000 or $2000 the way you would. If you do enough closings, $1000 may not seem like a lot, but to a client, it is.  And so here are some tips that Ive compiled about how/when/what you should look for in a Real Estate attorney before you cough up that hard earned money.

1.  Pleasantness on the phone during the initial call.  Lawyers may think I’m crazy for saying this, and thats fine, but I think one of the most overlooked keys in picking out a good Real Estate Attorney in Manhattan, Brooklyn, etc., is the way he/she talks and LISTENS to you during the initial phone call.  Are you being rushed?  Is the attorney not listening to what you’re saying?  Is he/she simply trying to force you to come in for an appointment?  If thats the case, this should raise a red flag.  As lawyers, after a few real estate deals, most of them seem to look and sound a like.  The problem is that there are critical differences in each and every deal and you don’t want to use someone who may think of you as Real Estate closing #45 for the year as opposed to Don and Alice, or Don and Adam (its 2009) buying their first home.  Again, the tone of the phone call may not mean the attorney will never listen to your issues, but it may be a red flag to look out for.

2. Fees.  Im going to get killed for saying this, and rightly so, but I haven’t come across any deal, which in my mind, validates a lawyers fee over $1500 at most.  Unless the lawyer is setting up a Sponsor for new construction, the work is the same for a $400,000 and a $1.4,000,00.00 deal.  The amount of work that can go into a closing may differ, but it won’t differ greatly.  Watch out for this.

3. Responsiveness.  This is the most crucial aspect of picking and sticking with an attorney.  If you email, call, write him/her, do they get back to you in a reasonable (24 hour) period of time.  If not, in my opinion, that is a serious serious problem.  In my Brooklyn office, there are approximately 30 attorneys within a span of 3 city blocks.  The only legitimate way to differentiate yourself is through responsiveness.  We as attorneys MUST get back to you clients quite quickly, otherwise we run the risk of you leaving and going somewhere else.  Thats why its critical that your attorney get back to you quickly.  I have clients who barely ask a question through the entire closing process and I have others who think they’re getting paid by the question.  Either way if you’re attorney doesn’t respond its a problem.  Especially if you brought it up to them (usually a message from his/her receptionist saying “why doesn’t the attorney call me back) and they still don’t respond.

4.   Is he/she showing up to the closing, or is someone else?  Again, something you should ask.  You paid for Rick the Attorney and not Sam the assistant.  If you really want the attorney to show, make sure you ask ahead of time.  If they can’t necessarily commit, you may want to think again.

I will have some more tips up soon, and again, this is personal opinion.  If you’re happy because your aunt Ruth told you that the attorney is amazing, thats fine.  These are just some things I think clients should consider.

New York City Sellers are begging you to buy…

Monday, December 15th, 2008

As we move closer to the New Year and look back on what was 2008, so much has changed.  We began the year knowing of the strength of Bear Sterns, Lehman Brothers and AIG.  Also….people had jobs.  The situation now seems absolutely dire.  All you hear about on the news are new scams, new indictments, more foreclosures, less credit, etc.  Aside from the staggering unemployment figures we are facing, there is one…very very large…diamond in the rough.  It looks like its never been better for someone to purchase some real estate in New York City.   Let me please be clear about this.  It’s a great time to buy some property in New York as long as you have a sizeable downpayment, good credit, a stable emergency fund, and are not looking to get on any TLC shows for “flipping”.  

Why is that?  Well for starters mortgage rates are great and it looks like they will likely fall to historic lows pretty soon. If people thought 6% was good,  imagine having a 4.5% mortgage 10 years from now.  Perhaps even more importantly is that you are starting to see a ton of unsold inventory around New York City (specifically Brooklyn).  Prices in many of these new construction buildings have dropped anywhere from 10-20% already, and its likely they will fall even further (Im beginning to sound like a sales rep).  But without even expressing opinions on the market (because no one is ever right about that), the one thing you should know is that if you are purchasing any property in New York City right now, keep negotiating as hard as you can.  My clients have had transfer taxes and a large amount of closing costs paid by the sellers on several recent deals (not promising the same will happen to you, but it seems to be happening more and more).  Sellers are sitting on new construction developments with huge construction loans and they have to get rid of these units.  They’re really not interested in keeping your 10% deposits if you can’t close on time as they need the entire purchase price.  Having said that, make sure you are aggressive in terms of the price you ask for, as well as the credits you ask for (transfer taxes, etc.).  When you combine all of these with low mortgage rates, a lot of qualified (say it with me…qualified) people who can afford the home they are purchasing will be in a great position very soon.  

Also, please be wary of this FHA loan nonsense that is flying around.  FHA loans are not some savior loan that will make your couch more comfortable or the air smell fresher as they make it seem on TV.  Its a loan.  With a lot of drawbacks and points and escrow amounts that you have to put aside.  Sometimes its good, and sometimes its not so good.  Make sure you look into the pitfalls and benefits before you decide to go FHA.

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