ny attorney representing foreign buyer of re when buyer is not in usa

Are there special taxes for foreign real estate buyers in NYC?

cial real estate brokers closed transactions with interna-tional clients.3 Because so much U.S. real estate is being bought and sold by foreign investors, it is ever more likely that you, as an attorney, will represent either a for-eign purchaser or seller of U.S. real estate or a domestic client buying U.S. real estate from a foreign person. This

What is the role of a buyer's attorney in New York?

Sep 09, 2019 · There are no special taxes levied on foreign real estate buyers in NYC. Foreign buyers pay the same closing costs in NYC as domestic home buyers. Although certain Democratic New York City politicians have tried to introduce “pied a terre” taxes aimed at foreign investors, they have so far all been shot down by Republican New York State politicians in Albany.

Can a lawyer act as a broker in New York?

Jan 07, 2022 · This is what we do – representing buyers as buyer’s agent. Access to inventory: The property inventory in New York is openly accessible to all. For example, if there are 5,000 listings for sale at a given point in time, all brokers and consumers have access to this inventory.

Do foreign buyers pay different closing costs in NYC?

Real estate attorneys play an important role in helping you get the best deal in buying or selling New York real estate. Learn about what they do, why you need them, and how to find one. Most first time buyers don’t realize that buying property in NYC not only involves a hefty sum, but a dive into the intricacies of NYC property law.

Can a lawyer represent someone in a different country?

No. You need to immigrate (which is a long and difficult process in itself). And then, once you're legally allowed to work in your new country, you need to pass the bar and be qualified as a lawyer there.

Does NY require an attorney for real estate?

Although attorneys aren't a required part of real estate transactions in many states, the local custom in New York is for both buyers and sellers to be represented by their own counsel. You might also want to hire a buyer's agent to help you find a home to purchase and advise you when making an offer.

What does a real estate attorney do for a buyer?

A real estate attorney's role is to ensure the legal transfer of property from seller to buyer. These attorneys handle tasks like preparing or reviewing documents, ensuring that the title is clear and facilitating the transfer of funds.Apr 6, 2021

Can an attorney represent both parties in a real estate transaction in NY?

But the question is – can a buyer and seller use the same real estate lawyer? Technically speaking, no! However, they can hire lawyers from the same law firm. As per the laws of the Law Society, an attorney cannot represent both parties simultaneously to avoid any possibility of conflict of interest.

Is New York an attorney state?

Are You In An Attorney State?StateAttorney State?New MexicoNoNew York​Yes - Attorney StateNorth Carolina​Yes - Attorney StateNorth Dakota​Yes - Attorney State47 more rows•Jan 4, 2022

How much does a real estate attorney cost in NY?

The typical real estate attorney based in NYC will charge anywhere from $2,000 to $3,000 for a normal purchase or sale transaction. Rates are higher for real estate lawyers based in New York City vs attorneys based in lower cost locations such as Long Island or the Hudson Valley.

Do you need an attorney to refinance a mortgage in NY?

You are not legally required to have an attorney represent you in a refinance, however they will be able to provide you specific guidance: Occasionally you would not save money with a Refinance. If, for example, you plan to sell the home within 2-3 years, you would probably not recoup the new closing costs.

Can the same firm act for buyer and seller?

Yes, most of the time you can use the same conveyancer for buying and selling – provided that certain criteria are met. (These criteria are set to protect both parties from any potential risks associated with using the same lawyer.)

Can the same law firm represent both parties?

It is feasible (albeit far from ideal) with the informed consent of the clients for two lawyers in the same firm to represent parties opposed in interest. Joint retainer agreements will typically spell out that in the event of a conflict, the law firm may decline to continue to represent one or all of the clients.

Can an attorney represent both parties in a real estate transaction in NJ?

Issue: Can an attorney represent both buyer and seller in a real estate transaction? Ruling: No. The potential for conflict in a real estate transaction is too great to permit even consensual dual representation of buyer and seller.

What happens when a buyer and seller agree to a tentative agreement?

When a tentative agreement is reached, the seller will circulate a deal sheet that lists all the parties involved—including agents, brokers, and lawyers—and provides an overview of the transaction’s terms.

Who issues a contract of sale?

The seller’s attorney will issue a contract of sale, which is subject to further negotiation by the buyer and seller. Once they agree to the terms of the contract, each will sign it, and it will then be enforceable by either party against the other.

What is condo board?

This is because condo boards have a right of first refusal in their condos, meaning that they can prevent a buyer from purchasing a unit by buying it themselves. The board application package generally includes financial and personal information about the buyer, as well as information about the transaction.

How does holding structure affect taxes?

The holding structure also affects the taxes due on sale of the property. An improper structure can result in taxes of up to 65% on income from the sale, including taxes on repatriation of the proceeds to the owner’s home country.

Do foreign investors need a tax ID in New York?

Regardless of whether a foreign purchaser plans to own New York investment properties in his or her own name or in a more tax-efficient holding structure, he or she will need to obtain a U.S. tax ID for him- or herself and the trust or business entity that will own the property, if any.

What is the stamp duty on property in London?

London’s Stamp Duty Land Tax – The notorious “ Stamp Tax ” is a progressive tax on property purchases that increases as the price increases. Marginal tax rates currently top off at 12% of the purchase price in excess of 1.5 million pounds. The portion of the purchase price below 1.5 million pounds is taxed at progressively lower tax rates. However, foreign buyers will be especially hurt by an additional 3% flat tax on the purchase prices of second properties. Since foreign buyers will typically be buying investment properties, this is a tax that can be viewed as a direct effort to curb property speculation by foreigners.

How long can you be a resident alien?

A person can be classified as a resident alien if they meet either the physical presence test of being present in the US for at least 183 days in the current calendar year; or the substantial presence test of being present in the US for a weighted average of 183 days over three years.

When did Hong Kong start a 15% tax on property?

Hong Kong – Hong Kong introduced a 15% tax in October 2012 on residential property purchases by anyone who is not a permanent resident. In addition, the Hong Kong government raised transaction taxes to as much as 20% of the sale price on any sales that take place within 3 years of purchase.

Is there an automatic exemption for foreign property sales?

There is no automatic exemption just because a seller believes they will have a net capital loss versus a net capital gain. If a foreign property seller believes they should be exempt from FIRPTA withholding because there is no gain on their sale, they should consult with a tax accountant and apply for a withholding certificate from the IRS that will grant them an exemption. They should apply using IRS form 8288-B well before closing.

What happens if you lose money on a property?

Even if you lost money on your property investment, the buyer of your property is required under the Foreign Investment in Real Property Tax Act (FIRPTA) to withhold 15% of the purchase price if the seller is a foreign person. Once the IRS determines that you are current on all taxes owed to the US Government, you can receive a refund of the excess FIRPTA tax that was withheld by filing a tax return.

How much is the NYS estate tax exemption?

There is a similar exemption from the New York State Estate Tax of $5.25 million that is in effect until December 31, 2018. In 2019 the New York State Estate Tax exemption is set to match the Federal Exemption amount.

When did Path pass?

PATH included modifications to FIRPTA which took effect on sales occurring after February 16, 2016. A key change to FIRPTA included an increase of the withholding tax from 10% to 15% unless an exemption or reduce rate applies as detailed below. The actual tax liability is not increased, only the withholding amount.

How to close a mortgage?

Estimated Time to closing after identifying property: 1 Obtain pre-approval from lender (1-5 days)#N#Lender can be a U.S. bank or overseas bank at buyer’s home country with an international mortgage program. 2 Identify Property (2 days – several months)#N#Property viewing can be a pleasurable or tiring experience. Our value is in filtering properties based on the client’s objective to maximize productivity of the client’s time. 3 Make offer and negotiate price (1 week)#N#Negotiation skills are critical. Experienced negotiators could obtain many favorable financial and non-financial terms for the buyer. 4 Execute contact (1-2 weeks)#N#The agreed upon terms are provided to both parties’ attorneys who will prepare the contract. The buyer’s attorney will perform due diligence on the property prior to actual contract execution. Once all is agreed upon, the contract is executed. At this time, a 10% deposit will be required from the buyer to be held in escrow by the attorney. 5 Apply For Mortgage and Obtain Commitment Letter (6-9 weeks). 6 Submit condo package to condo board for approval (1 to 4 weeks)#N#This occurs concurrently with Step 5 above. 7 Schedule Closing#N#At closing, all parties – buyer, seller, bank, attorneys, brokers, will come together at a table. A lot of paperwork is signed and funds will be provided to the seller in exchange for the buyer getting legal title to the property. The deal will be completed at the table and usually no future follow-ups are necessary.

Is the buyer's agent a fiduciary?

The fiduciary responsibility of the buyer’s agent is to the buyer while the fiduciary responsibility of the seller’s agent is to the seller – regardless of the fact that the commissions for both are coming from the seller. This is just the way the brokerage trade agreement works in New York.

What is a co-op building?

Cooperative (co-op) buildings often restrict the ability to rent and perform renovations. This reduces their attractiveness as an investment property. The process of buying a co-op is subject to board approval which prolongs the buying process. Further, a co-op board may even reject a buyer.

What happens if a buyer does not have an agent?

If the buyer does not have an agent, then the seller’s agent keeps the entire pre-negotiated commission. Hence, it is in the best interest of the buyer to have agent representation to help identify the right property, negotiate the best price and coordinate the entire purchase process.

What can a building staff do to fix a problem?

Problems happen. This ranges from items that the building staff can fix (toilet not flushing properly, screws to tighten, light bulbs to change) to things that are beyond what the building staff can do (coordinating appliance repair or replacement, hiring a plumber, managing tenant relationship etc).

What do real estate attorneys do?

To be more specific, typical services performed by a real estate attorney include: 1 reviewing the contract 2 loan and title commitments 3 searching for liens 4 verifying charges are correct and fair 5 attending the closing 6 handling title and closing documents 7 confirming the title company completed its job after closing 8 and addressing any of the buyer’s questions and concerns

What happens if you don't hire a lawyer?

If you are not an attorney yourself and don’t hire one, as a buyer you run the risk of getting a contract devised by your seller’s lawyer, which will probably not have your best interests in mind.

Is there a fee for real estate?

According to real estate experts, there is no standard fee. The fee can range from property to property, and fluctuate depending on a number of factors, namely the complexity of the transaction. The fee can also either be flat rate or time-based.

What is dual agency?

This is called dual agency, whereby the listing agent works for both the buyer and seller and therefore does not have the buyer’s interests at heart. Your own broker, of course, will have your best interests at heart. Another huge plus: you can also request a buyer’s broker commission rebate.

What is tax abatement?

Tax Abatements. Tax abatements are programs that allow taxpayers to be granted a reprieve from paying a certain tax for a period of time, for either a total or a percentage of that tax. As such, they are intended to encourage real estate developers in New York to keep building and enhancing neighborhoods.

Can you deduct co-op expenses in New York?

One thing important to understand is that no matter what option for New York property ownership one selects, there will be additional expenses associated with it, besides just the purchase. Luckily, an owner can deduct many of these expenses from his or her taxable income, such as real estate taxes, carrying charges, and the interest that a co-op shareholder pays from the mortgage.

Is the real estate market friendly to foreign buyers?

Another important thing to realize is that the real estate market in the United States is extremely friendly to foreign buyers. The most popular purchases at the moment are townhouses and condos in New York City.

Is there a rental market in New York City?

New York City maintains a thriving market for rentals, and though the price of rent has increased over the past number of years, countless people are still searching for rental apartments. New York, additionally, has a remarkably low rate of vacancy, which proves that a buyer is capable of finding and keeping a regular tenant. The majority of buildings in New York City only offer long-term leases (meaning they last over six months), but some allow for shorter term arrangements, such as month-to-month.

Why do you need a broker?

You will most likely want to have a broker, because most sellers have brokers, and these brokers do not represent the buyer’s rights. They offer protection to the seller, and so the buyer should have one, as well. The top advantages to having a broker is that he or she can intercede on your behalf for a price reduction or request concession. In order to make sure you are getting the property you want, and at the most reasonable price, a broker is indispensable. Without one, a buyer can find him or herself losing a great deal of money, due to not knowing the ropes entirely.

What is a co-op?

Co-ops can be the perfect residence, while not suited to investors. The buildings tend to be pre-war, often pre-1920, which means gorgeous, long-lasting, sturdy architecture, beautiful facades and details, and luxury. People can expect opulent fireplaces, high ceilings, dazzling gardens, and more.

Can a non-US citizen buy a co-op?

It is not impossible for a non-US citizen to buy a co-op unit. It is, however, a far greater struggle. Everyone has to pass the approval of the co-op board, which can be extremely difficult even for United States citizens, because the boards can be discerning and demanding. Being an international purchaser adds an additional layer of difficulty,.

Can a lawyer be a real estate broker?

Brokering while Lawyering Preclusion: Interestingly, a lawyer can legally act as a real estate broker without a real estate brokerage license in the State of New York pursuant to real estate license law. However, an attorney cannot so act ethically while simultaneously representing a party to a real estate transaction in a legal capacity due ...

Can escrow money get you in trouble?

You may have read in the news about attorneys who stole their clients’ money, lost their license and went to jail. Yes, managing escrow money gets attorneys in trouble the most often. However, there are many other red flags that you should watch out for when selecting legal representation for your real estate transaction. Here is a list of the top five real estate attorney no-no’s that go beyond theft, and which every client should be mindful of when seeking representation.

Can an attorney represent both parties in real estate?

In fact, attorneys are ethically precluded from representing both parties in a real estate transaction. The buyer and the seller must be independently represented or, instead, represent themselves (this is called pro se) in the transaction. An attorney cannot even have his legal fee paid for by the other side of a transaction ...

Can an attorney disclose confidential information?

The Violation of Sharing Confidences: Attorneys have blanket confidentiality as to their client’s secrets, and absent a fraud on a tribunal (i.e., court), an attorney needn’t disclose any of those confidences.

What happens if you find a cloud in your title?

If any clouds in the title are discovered, your attorney will determine the necessary steps to resolve the issues.

Is a closing attorney required in New York?

Although a lawyer's assistance in a real estate closing isn't mandatory in New York, a closing attorney can be a valuable asset for a homebuyer, and provide peace of mind throughout the entire process. If you are purchasing a home in New York state, the Law Offices of Melvin Monachan can help.

What does an attorney do at a closing?

During the closing, your attorney will represent your interests and explain to you the purpose of each document you are signing and what impact these documents have on your closing. Your attorney.

What is the role of a seller's attorney in New York?

The role of a buyer's attorney, however, is to review the terms of the contract and explain these terms to the purchasers so that the purchasers understand the document which they are signing.

Who is Melvin Monachan?

Melvin Monachan is the founder of The Law Office of Melvin Monachan, PLLC, a full service, real estate law firm representing individuals, investors and corporate entities in all aspects of real estate law. On the transactional side, Melvin represents purchasers and...

Is it stressful to buy a house?

While purchasing a home is an exciting time in one's life, the process can also be extremely stressful. Contracts must be executed, the title must be checked, loan documents must be signed, and proceeds have to be delivered to the right people.

What is title insurance?

Title insurance is an insurance policy which protects both you and your lender from any costs which may accumulate if you were to have to defend the title to your property. Your attorney can help you obtain a title insurance policy for your home.

What is community association?

A community association is an organization, often incorporated as a legal entity, that is charged with managing real property situated in a particular building or neighborhood. Most associations are mandatory, meaning that simply by purchasing a lot or unit within one of these communities, one is agreeing to be a member ...

Is the real estate market recovering?

As the real estate market in the U.S. has made a strong indication of recovery, some outside of the United States have begun to look again at American real estate investments as a possibility.

What is a certainty in real estate?

One thing that is a certainty in any real estate transaction is taxes. Unfortunately, these can be more complicated in land transactions involving foreign nationals, given that the tax laws of more than one country may apply. Different nations have different tax treaties with the U.S., so before finalizing any deals it is important to consult with a local tax expert in your country and possibly in the U.S., as well. Sometimes these laws may require a certain tax payment in the U.S. and a separate payment in the home nation, and some may only require taxes to be paid in the U.S. Also, the rate of taxation may vary by country.

What does it mean when an attorney closes a transaction?

When an attorney closes a real estate transaction as a "Closing Agent" he does not represent the Buyer or the Seller. He is simply the closing agent. If the Buyer or Seller wants an attorney to represent him or her during the real estate transaction, he needs to hire an attorney solely for that purpose. Although some attorneys can act as the closing agent and the attorney for one the parties, I do not recommend so, unless the attorney discloses to the non-represented party that the attorney is representing the other party.

Should there be two lawyers in real estate?

Ethics aside, I think there should always be two lawyers in a real estate transaction because the buyer and seller, the landlord and the tenant, the owner and the contractor, the borrower and the lender, always have different rights and duties that the lawyer needs to consider and to provide legal advice accordingly.

Is it ethical to have a lawyer as a closing agent in Florida?

In Florida, it is ethical for a lawyer to act as a closing agent who does not represent either party in the transaction. In such a case, the role of the lawyer and the non-representation should be disclosed in writing to the parties in the transaction. In Florida, unlike some other states, it is ethical for a lawyer to represent both buyer and seller in a real estate transaction, provided the lawyer meets with the buyer...

Is an attorney a closing agent?

If the party chose "an attorney as the "closing office" for a real estate transaction (as opposed to choosing a title company)" then the attorney is a closing agent and does not represent either party. You are free and encouraged to hire your own counsel to represent your side of the transaction...