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duties of real estate attorney

Started by ddevito351
almost 16 years ago
Posts: 8
Member since: Apr 2008
Discussion about
I'm buying a co-op and mMy attorney claims that it is not the responsibility of the attorney to review the co-ops financials and to go over the co-op boards minutes to see if any assessments are forthcoming. He states that his job is just to go over the contract. He claims it is the real estate brokers job to do the other due diligence. So my question is who is responsible for this, the broker or the attorney?
Response by front_porch
almost 16 years ago
Posts: 5324
Member since: Mar 2008

wow. this is traditionally an atty job. I am happy to go over your co-op financials with you on a consulting basis -- but review of the board minutes, I've never done. I assume that if you have the seller call the managing agent and say that you're coming, you can review them, but honestly, I've never heard of an atty not doing it.

ali r.
DG Neary Realty

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Response by Wbottom
almost 16 years ago
Posts: 2142
Member since: May 2010

it's time for you to get a new atty--

good brokers know the gen'l culture of coops they sell, including financial info, and what's come up in prior reviews of minutes

any honest NY RE lawyer with a triple-digit IQ would insist on doing proper due diligence, including contract negotiation and review of financials and minutes

you are about to engage a big, risky investment---not a joke---get a good atty

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Response by printer
almost 16 years ago
Posts: 1219
Member since: Jan 2008

I've never understood why people want their attorney to look at the minutes/financials. They have law degrees - they are not financial analysts or CPAs. Personally when I bought I wanted to look over the numbers myself, and review the numbers myself - its not rocket science. The contract, of course I wanted an attorney to review because a word here or there can have significant impact beyond what a layperson's reading would infer. I mean, you are about to make a huge huge purchase - spending a couple of hours reading through minutes seems quite reasonable.

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Response by rb345
almost 16 years ago
Posts: 1273
Member since: Jun 2009

Attorneys have more experience than average laypeople in reviewing Coop records, and are better
able to understand the context and implications of what those documents reveal.

If your attorney wont do that for you and you want it done, get an attorney who will. Your attorney
might not be qualified to perform those tasks and is doing you a favor by refusing to.

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Response by lobster
almost 16 years ago
Posts: 1147
Member since: May 2009

Due diligence is the responsibility of your attorney, not your real estate broker. I would expect that a competent NYC RE attorney would be very familiar with reviewing both coop financials and board minutes. You could contact the NYC Bar Association for a referral or better yet, ask friends or co-workers for a recommedation.

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Response by lad
almost 16 years ago
Posts: 707
Member since: Apr 2009

As to why the attorney receives co-ops records.... If the minutes/financials reveal a complication, the attorney is in a better position to address it in the contract. E.g., our diligence review turned up a pesky, contentious leak issue (not visible from plain sight) and also a previously undisclosed special assessment due to hit right around our closing date, to be used to pay for work done after closing. Our attorney wrote addenda into the contract that made the sale contingent upon resolving the leak issue to the complainant's satisfaction and specified that the special assessment was the seller's full responsibility.

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