Posts from February 18th, 2026
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18
Contracts to Closings: Legal Strategies for NY Real Estate
How intentional due diligence and "old school" family values protect your biggest investments.
Resources
- Alber Law Group - Boutique Real Estate & Business Law
- NYS Unclaimed Funds - Check for forgotten assets
- Move Meter® - Compare living affordability and home prices
In the New York real estate market, a successful closing is rarely accidental. It is the result of intentional planning and strategic execution. Mike Litzner recently sat down with real estate attorney Ron Alber of the Alber Law Group to discuss the legal hurdles that can derail a deal and why treating clients like family is the secret to high-stakes success.
The Diligence Gap: The #1 Legal Mistake Sellers Make
According to Alber, the most common mistake homeowners make is skipping due diligence before listing their property. "Not doing their diligence before engaging in the process" is a hurdle that often leads to last-minute stress at the closing table. [00:03:28]
In New York, standard contracts typically require the seller to represent that the home is a legal dwelling. This means ensuring all improvements—from extensions to decks—have the proper paperwork. [00:04:50]
Critical Checklist for Sellers:
- Certificates of Occupancy (C of O): Ensure every improvement, including dormers and extensions, is legally documented. [00:03:59]
- Setback Requirements: Verify that structures don't violate municipal boundary rules. [00:04:07]
- Utility Conversions: If you switched from oil to gas, confirm you have the proper legal filings. [00:04:15]
Pro Tip: Legalizing problematic improvements, like a dormer, before listing can significantly increase your home's resale value and ensure a fluid transaction. [00:05:54]
Managing the "COVID Hangover" in the Current Market
Market conditions often dictate legal flexibility. During the "COVID marketplace" (2020-2022), many lenders and buyers were willing to overlook missing paperwork to secure a home in an escalating market. [00:07:08]
Today, the landscape has shifted. Banks have become more demanding, and municipalities are providing more detailed C of Os, leaving "less room for improvisation." [00:07:46] Having a competent team that can identify these credit or income hurdles in advance is vital for buyers. [00:08:46]
Beyond the Transaction: Proactive Estate Planning
Real estate is often the centerpiece of a family's legacy. Alber views estate planning not just as a "death" conversation, but as a "life" strategy. "The most important part of your plan is not where your stuff goes when you pass away... it's you. How do we make sure you're cared for while you're here?" [00:22:00]
3 Immediate Steps You Can Take (At No Cost):
- Centralize Financial Data: Create a list of every account (checking, 401k, annuity) and the institution where it's held. [00:30:04]
- Designate Beneficiaries: Ensure every individual account has a primary and contingent beneficiary. This simple step can help your family avoid the costly and lengthy probate process. [00:30:54]
- Organize Physical Deeds: Keep a copy of your property deed, title policy, and vehicle titles in one secure location. [00:31:58]
Pro Tip: Check the NYS Comptroller's website for unclaimed funds. Accessing these now is far simpler than waiting for an estate administration proceeding later. [00:31:26]
The Goal: Get the Hug
Mike Litzner summarizes the ultimate benchmark for a successful agent-client relationship: the closing table hug. "If they're handing you money and hugging you and saying thank you, that's when you know you did a good job." [00:12:07]
If you enjoyed this episode, please subscribe to the Work Hard, Play Hard, Give Back podcast on YouTube for more expert insights on the New York real estate market.