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July 19, 2007

DUMP my RE lawyer?

I'm buying a coop(first time buyer) and my lawyer is unapproachable; he has yet to make any suggestions, asked me any questions, suggested getting it inspected or even appeared to review a single document(ie offering plan, ammendments, contract, so on). I remind you I knew nothing of the process(initially that is.)

Can I DUMP this guy and move on before its too late? Is all of this not the lawyers Job first?

I have gone through the paperwork myself and found several items that unsettle me. (reserve seems a bit low, a statement saying the building has not been assessed for potential problems 5 years running, and a few more issues).

His fee is $1k + lien search

I have signed nothing from him regarding payment to him and he has not received a cent as yet. Essentially all he has done is been the kinkos of all the aforementioned paperwork.

What if anything do I owe this guy?

Back to the original question; Can I DUMP this guy and move on before its too late? Is all of this not the lawyers Job first?

Any solid,good recommendations welcome(but especially for a woman lawyer-preferable)


Comments

I may have a lawyer for you, woudl you prefer a small or large office?

Posted by: Hello at July 19, 2007 11:14 PM

OP here

the smaller the better but I'll gladly take what I can get; that is someone reliable, fairly priced and that I can work with.

Posted by: OP at July 19, 2007 11:45 PM

Do you have a real estate agent? They usually advise you of such things (if they are good!) until the lawyer takes over for contracts. I know there's alot of agent bashing on this site and this is unpopular to say, but...sometimes the agent is more helpful than the lawyer.

Posted by: Anonymous at July 20, 2007 9:33 AM

uh, not trying to put you down, but: 1) it's very rare for co-ops to be inspected. 2) why do you expect your lawyer to be pro-active? you said you went through the paperwork yourself and found problems. it is your job to bring those to the attention of the lawyer, not the other way around.

but that being said, $1,000 is way cheap, so perhaps you're also getting the level of service you're paying for.

good luck.

Posted by: Anonymous at July 20, 2007 9:44 AM

I would dump him. Ask him to submit a bill for his work up until now (might cost you $250) and find someone who will do the work and help you avoid any problems. I can recommend Ann Northern on Court Street. She recently represented me in a sale and purchase and did excellent work, returned all my calls and kept me sane during a complicated process. Well worth her fee.

Good luck

Posted by: Peter at July 20, 2007 9:45 AM

Do NOT take legal advice from a real estate agent. Dump your lawyer and find someone responsive. There are lots of good recommendations on this site... we used Donald Frasier. He's in Brooklyn Heights. He won't charge you for phone calls while you are deciding whether or not to retain him.

Posted by: Anonymous at July 20, 2007 9:46 AM

you pay peanuts, you get monkeys

Posted by: Anonymous at July 20, 2007 9:52 AM

"a woman lawyer-preferable" ?????
Nice... What about your skin color or religion requirements? Please be specific.

Posted by: anonymous at July 20, 2007 10:25 AM

absolutely get rid of your lawyer. this is one of the biggest transactions of your life - better to pay up for good advise and experience even if you first have to pay off the other lawyer. Also, definitely get a real estate lawyer and not some lawyer that dabbles in all sorts of law. The going rate is $2000 and that's peanuts compared to the purchase price of NY re. i had a VERY poor experience with a lawyer on my first purchase and it didn't help that the sellers also had a bad lawyer - it worked out eventually but i put in more hours than the lawyer in getting everything straight. I just closed on another place and have an amazing lawyer - the experience was signifcantly less stressful this time around.

Posted by: Anonymous at July 20, 2007 10:27 AM

Treat your lawyer with the same respect you would treat a physcian who is treating you and if he is a good lawyer he should charge what he is worth. 1000 fee would be from a lawayer who is also a long time family friend or someone used by you for other transactions. Unless that is such, 1000 is way too cheap.

Posted by: Anonymous at July 20, 2007 11:19 AM

I'm an attorney here in NYC and I do real estate work. As I am a solo practitioner, I am able to offer reasonable rates. If you would like to discuss your real estate questions, feel free to contact me at deena@esq.cc.

Deena Burgess, Esq.
Attorney-at-Law

Posted by: Anonymous at July 20, 2007 11:42 AM

It's VERY important to get a good lawyer. Don't, under any circumstance take legal advice OR a recommendation from your realtor - they reprisent the seller. You need someone tough and thorough to reprisent you. Ask your friends if they have any recommendations.

Posted by: John at July 20, 2007 12:39 PM

The broker cannot ably advise you. Many good lawyers are out there and they usually have an "al in" fee for co-ops or condos, respectively. If you are buying in Manhattan, avoid an outer borough lawyer. They often are less than astute on the city. Real estate law is not rocket science. I encounter so many lawyers in this field with an inflated sense of self worth. After dealing with major entertainment law entities these guys make me chuckle. One guy, I think his name was Eng or something, could barely speak English, yet he acted as if he was re-inventing the wheel when he did a closing!

Posted by: Icarus at July 20, 2007 1:12 PM

Icarus - interesting monicker for someone accusing others of hubris. Let's leave the not so veiled prejudice for posts on Curbed.com, shall we? I used a lawyer for three of my transcactions (buying apartment, selling it, and buying house), and he charged me $1000 each time. No problems. But I think I would have expected him to spot problems and alert me, not the other way around. In retrospect, perhaps I should have expected to pay more. Maybe I was just lucky.

Posted by: putnam-denizen at July 20, 2007 1:19 PM

9:44 is nuts.

If you're finding things in the contract that are unfavorable to you and your lawyer is not, then they're not doing their job.

Regardless, it sounds like they suck so dump em. I wouldn't take a suggestion from ANY agent. It doesn't matter what side of the transaction the agent is on, their interest is only in getting the transaction to happen easily and fast and not necessarily on the best terms for you.

Posted by: Anonymous at July 20, 2007 2:41 PM

Regarding the comment that co-ops are rarely inspected: I suggest you spend the money and have the apartment and the building inspected by an engineer. There could be a huge assessment coming in the near future that a competent engineer could help you avoid.

Posted by: Anonymous at July 20, 2007 4:53 PM

OP here

Lots of suggestions; some not so savvy while others were spot on.

9:44 is way off on this one and being SMUG at the very least.(probably a disgruntled lawyer or RE agent) As to inspection ABsolutley you should have it done: ANYTHING worth paying a few hundred thousand for is worth spending a few hundred on, to make sure its worth spending a few thousand on. WHY do I expect my lawyer to be proactive; well thats what Im paying him for. Having never purchased a house before I know nothing and the lawyer should treat me as such; his suggestions and questioning of everything is invaluable. That said $1000 is not that far off considering the size and lacking complexity of the deal.(I have seen many posts on Brownstoner saying $1000+ is average) If I go to a doctor I should not be expected to know anything about anything..whats the difference?

10:25 AM you dont know what I am, so your implications(sexist and/or racist) as to my character and reasoning for this request is simple stupidity and only shows ignorance on your part. I'm a female(mixed) at that and in fact only requested another female lawyer because all the male lawyers I spoke to were condescending and arrogant; I assume because I look young and I'am a female. But that said this says nothing of all male lawyers; and Im sure the majority are gentlemen in their own right; but I have not had such luck.

In any case thanks to all you other posters(mostly anonymous) for your suggestions. Most of you were spot on and I appreciate the reaffirmation.

I had the place inspected today great guy(http://www.thehousedetectiveny.com)..Turns out there are a few major issues(fixable) ad this will definitely lower the offered price by a little. Best money spent and it was $300.

Now I have to deal with this lawyer and see what I owe him at this point(if anything?). Met with him today for 15 minutes, while I pointed out all the issues he offered his opinion. In the end I got the impression he never read anyhgin once(no independent suggestions) and his great advice in the end "If you feel funny just back out". Uhhh I could have gotten that from a friend. I wanted sound honest experienced advice based on his experiences; not Dionne Warwick.

Thanks all

Posted by: OP Here at July 20, 2007 7:48 PM

poster 9:44 here

just to clarify for you, OP, i am not a disgruntled anything. i used to work as a litigation paralegal and a counselor at a tenants' rights housing clinic, where i referred many people to many lawyers. often they regarded these lawyers just like you seem to: they should be psychic. you shouldn't have to tell them anything; they should just know what you're concerned about. it doesn't work that way. to follow up on your doctor comment, when you see a doctor, do you just sit there, or do you tell him/her where it hurts?

oh, and thanks for making assumptions about my profession and calling me 'smug.' if you've been treating your lawyer like this, it's no wonder he/she wasn't doing a great job for you.

Posted by: Anonymous at July 22, 2007 11:17 AM

OP here

Just what I figured..You are or worked with lawyers to some degree...hence how you find it so easy to defend their laziness and criticize my questioning of their inability.

I thought counselors were supposed to be un-opinionated and give straight forward clinical/legal advice..based on the facts and not simply what the counselor thought they knew was best for them...

That said, you were being smug and knew so before you even posted hence the prefacing of your statement with "uh, not trying to put you down, but"...yet you still managed to come off as though "I should already know this because you “think” you do"? and furthermore what you speak of is Factual and not opinion.

I defy you to ask the question of whether inspection of a condo or coop is necessary or not on a new post…See what your answers will be.

Sounds like you may have given some bad advice to those coming to you for "tenants" advice of any kind. I could only wonder what your motivations were to not advise anyone to spend such a small amount of money on anything of such significance(like an inspection) without making sure that pricey purchase of a property was first up to par.

Your doctor analogy is, well, incorrect.."when you see a doctor, do you just sit there, or do you tell him/her where it hurts?"..this is the same as going to a lawyer when your being sued and you tell the lawyer I’m being sued, and they help you. Not my scenario in the least.

However none of this is the same as going to a lawyer with a load of paperwork(minutes, contract, bylaws etc.) and legal materials and then the lawyer expects YOU to read through it all, understand it all, then and only then to ask him what does it all mean? An appropriate Doctor analogy would be; going to a doctor for a routine checkup and having to TELL the doctor that he should take blood, run labs, cardiograms and other tests; to only the have the Doctor give you the very cryptic results, expecting you to ask questions later, while offering nothing on his own.

I don’t expect lawyers or doctors for that matter to be "psychic" but I do expect them to be proactive and utilize their expertise, while they actually read, analyze and even attempt to understand why I have come for their expert opinion. Otherwise what’s the point of hiring a professional?

Your basic premise seems to be that I should be the one asking all appropriate questions other-wise I’m out of luck. Is this how you and other half-assed professionals have come to justify there haphazard, half-hearted and mediocre approach to there so called professional ways; if the customer doesn’t ask then I(the professional) am not responsible.

It’s a hell of thing for you to say “if you've been treating your lawyer like this, it's no wonder he/she wasn't doing a great job for you”…Justification in motion.

If I pay for a service should I not be the one on the receiving end of such services. At what point do or must I get involved further to ensure that service is done in its entirety. This is the problem with the likes of you, too many contractors, lawyers, RE agents, inspectors, builders and architects. You take this approach of not being responsible if the customer doesn’t speak up or watch you like a hawk. This is why sites like Brownstoner exist, because too many of the above-mentioned DO NOT value the customer but only seek to get what they can($) any way they can, all the while looking for a way out(excuses)…holding themselves not responsible for their own actions or better yet inactions.

If everyone would just do there job as they promised we would not be having this conversation and dozens like it on the Brownstoner(sorry Brownstoner)

Posted by: OP here at July 22, 2007 8:18 PM

the major reason co-ops are not inspected is because the building systems (heat, pipes in the walls, windows, the roof) are the responsibility of all the shareholders. in house-buying inspections, finding problems in these systems can result in buyers getting sellers to make repairs and/or lower the price. however, if an inspector finds a problem with the boiler in a co-op, it doesn't really give you any leverage against the seller. the other reason that co-op buyers rarely have a home inspection is because they're allowed to review board meeting minutes, where upcoming repairs and maintenance on these systems are discussed and debated.

as for the rest of your post, well, what can i say? it's pointless to refute your contentions, and will only further waste our time. i will just say that i counseled many tenants who, like you, didn't actually want advice, but "reaffirmation" for a decision they wanted to make, or had made already.

i started my original response to your question with 'uh, don't mean to put you down,' because you'd admitted you knew very little about this process, and then i wished you luck at the end. very smug of me.

Posted by: Anonymous at July 23, 2007 9:33 AM

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