Member since: Feb 2009. I would be happy to recommend an exeprienced co-op / condo attorney at a budget. Range is anywhere from $1K to $1,500. Feel free to shoot me an e-mail for details. Ignored comment. Unhide. Response by omega. over 11 years ago. Posts: 61.
We can help. Our experienced coop closing lawyers assist buyers and sellers with the purchase or sale of cooperative apartments in the New York area. Our coop closing attorneys charge a flat fee of $850 from contract to closing for all coop transactions; the fee includes the services listed below. FOR BUYERS OF COOPS:
Jun 23, 2020 ¡ A lawyer's hourly rate varies drastically based on experience, location, operating expenses, and even education. Attorneys practicing in rural areas or small towns might charge $100-$200 per hour. A lawyer in a big city could charge $200-$400 per hour.
Oct 12, 2018 ¡ October 12, 2018. January 30, 2020. The fees associated with buying a co-op in NYC are approximately 1% to 2% of the purchase price. These fees include a board application fee, real estate attorney fees, move-in deposits and/or fees, the Mansion Tax as well as financing related closing costs.
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If you are buying a co-op using a mortgage, the co-op usually charges the buyer a financing fee of $250 to $500 which is paid at closing.
How Much Are Co-op Board Application Fees? The average co-op board application fee is $500, paid by the buyer. In addition to the application fee, most buildings will charge both buyers and sellers fees and deposits relating to move-in and move-out.
In addition to the application fee, most buildings will charge both buyers and sellers fees and deposits relating to move-in and move-out.
In most cases, the processing fee and the move-in/move-out deposits and fees are payable at the time you submit the purchase application to the managing agent.
Co-ops are not considered to be real property since there is no deed and unit owners simply own shares in a corporation along with a proprietary lease entitling them to occupy a specific apartment.
Real estate offers in NYC are not binding until a contract is signed, and you wonât be able to sign a contract until your lawyer completes due diligence and negotiates the contract.
First off is figuring out whether you should be paying a flat fee or an hourly rate.
When paying by the hour, there are ways to safeguard against runaway fees.
For new or unsophisticated co-op boards, Wagner says monthly retainer agreements arenât a bad idea.
As the board-lawyer relationship progresses, itâs a good idea to keep an eye on what work is being done. Wagner favors a detailed billing format wherein he details down to the tenth of an hour who made what phone call, or worked on which motion.
Being overcharged isnât the only way boards end up spending money that they shouldnât.
As important as it is to get a budget for a complex lawsuit and scrutinize legal bills once itâs underway, thereâs a more fundamental question to think about when facing some form of strife with a building resident. That is whether it makes sense to get involved in litigation in the first place.
Co-ops, on the other hand, are not considered interests in real property (there's no deed), and so mortgage loans are not available to you. Rather (assuming you aren't paying all cash), you will need to take out a loan to pay for the co-op stock, and your lender will hold the stock as security for repayment on the loan.
In a co-op, you don't "own" your unit.
The major differences between condos and co-ops lie in what you actually "own" and how they are managed. In a condo, you ordinarily own just the space within your unit, sometimes including the walls, sometimes not. You are free to do just about anything you like to your unit, up to the limit of where your ownership rights end: paint, renovate, ...
Co-ops are run by a board of directors. Like in a condo, the board collects monthly maintenance fees and uses it to maintain the property. One of the biggest differences, however, is that co-op boards have the power to decide who can live in the co-op (buy the stock).
If you're planning to sell a condo or co-op, you, too have some important issues to consider: 1 Have you gotten copies of all the relevant governing and other documents that buyers will want to see before they finalize the purchase? In most cases, they have a legal right to see such documents. 2 Are the taxes or regular fees comparatively high? If so, be prepared for negative reactions from buyers. 3 What will you be legally obligated to disclose about the property? The documents might not show everything that buyers need to know, such as if your neighbors are especially loud or if your unit has unaddressed repair needs. Most states' laws require written disclosures by property sellers about the property's physical condition and related issues. 4 If it's a co-op unit you're selling, are there restrictions on if, when, and to whom you can sell your shares? You might not be able to sell to the potential buyer of your choice. 5 If selling your shares in a co-op, will the sale be difficult because the board of directors has power to set the selling price? It the board plans to set the price at a higher amount than you think the market will bear, you might need to take up the matter with the board beforehand.
While if you purchase a co-op with a mortgage, you are not. Technically when you are buying a co-op apartment, you are buying shares in the co-op and have a proprietary lease on the apartment. While it may be possible to purchase title insurance for a co-op, most opt not to buy it. PREVU SMART TIP. Did you know you can save thousands on your ...
While it may be possible to purchase title insurance for a co-op, most opt not to buy it. PREVU SMART TIP.
Other fees associated with the purchase or sale of a co-op include any applicable costs for the co-op's attorney's fees, a fee to run a lien search on the subject property, any assessments that may be applicable and the broker's commissions . There may also be transfer taxes, depending on the state in which the property is situated.
Insurance. Purchasing a co-op involves purchasing shares of stock in a corporation. As such, you're not actually purchasing real property, but rather personal property represented by a stock certificate and a proprietary lease.
Purchasing a co-op involves purchasing shares of stock in a corporation. As such, you're not actually purchasing real property, but rather personal property represented by a stock certificate and a proprietary lease.
Title insurance is generally purchased to insure the title of real property, and as a result, is not applicable for the purchase of a co-op. However, "leasehold insurance" may be purchased. This insurance is similar to title insurance because it insures that the co-op unit is free and clear of all liens and encumbrances. References.
Many co-ops also limit the amount of financing a purchaser can receive, so you should be prepared to make a down payment of 20-25% of the purchase price. If youâre lucky, that may be lower, or you may be able to buy a sponsor unit.
Along with signing the contract, buyers typically submit a 10% deposit to the sellerâs attorney to put into escrow until closing. Typically, co-op contracts contain contingency clauses regarding board approval, in the event that the Board rejects your application, you will get your deposit back.
When you buy a co-op apartment, you are not buying real property. Instead, you are buying shares of the corporation, and upon purchasing them, you become a shareholder. In return, the corporation gives you what is called a proprietary lease, and you essentially become a tenant in the co-op building. The bigger the apartment, the more shares you ...
As a general rule, buying a co-op is cheaper than buying a condo. This affordability is the primary perk of purchasing a NYC co-op. Youâll also enjoy lower closing costs if you buy a co-op as you wonât have to worry about title insurance or the mortgage recording tax .
It varies depending on the building and location, but it generally takes around two to three months to buy a NYC co-op apartment. Co-ops in Manhattan are usually stricter when it comes to their requirements while buying a co-op in another borough will likely mean a shorter time-frame.
One of the drawbacks of owning a co-op is the monthly maintenance fees, which shareholders pay monthly. The maintenance fee paid to the cooperative covers building expenses such as the heat, hot water, building insurance, salaries, real estate taxes and the mortgage for the building. Pursuant to the buildingâs bylaws, special assessments (âtemporary feesâ) can also be implemented and incurred for each shareholder, which covers the cost of building repairs and renovations. Typically, special assessment fees range from $50 to as high as $800 per month, depending on the size of the building and the cost of the repairs/renovations that are needed.
Because a co-op is technically a corporation, it can approve or deny any applicant for any reason as it chooses, pursuant to the Business Judgement Rule , as long as the co-op board is acting in good faith.
If you have the money to pay cash for a co-op, you have the money to pay an attorney to make sure to protect all of your interests. Buying a co-op can be treacherous.
I have seen these minimum prices set by cooperative boards. This is not unusual. As stated by the prior attorney, make sure the side agreement is in writing. I would have an attorney represent you on this transaction. Feel free to contact my office. I charge a flat fee for this type of deal. Mike.
First, you should have a lawyer. Second, as there is no lender, there is due diligence you need to do that would in part be done by a bank. Third, there are many pitfalls, not the least of which is that you are being asked to lie to the board. A seller's concession is allowed, but it should not be fake.