Can You Choose Your Own Real Estate Attorney in New York? Yes—Here’s Why You Should

When you buy or sell a home in New York, you have a lot of decisions to make—price, inspections, closing dates, and more. But one choice many people overlook is picking their own real estate attorney. Some buyers and sellers assume they must use the lawyer suggested by a lender, real estate agent, or the other party. In reality, New York law allows you to choose your own legal representative. And doing so can save time, money, and stress.

At Klafehn, Heise & Johnson P.L.L.C., we help clients across Monroe, Orleans, and Genesee Counties handle every step of a property deal—on their terms. Below are key reasons you should select your own attorney and how that choice protects your biggest investment.

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1. Your Attorney Works Only for You

If the other party’s lawyer drafts the purchase agreement or handles the closing, that lawyer’s duty is to protect their client, not you. Having your own attorney means you have a legal professional whose only focus is your interests. Your lawyer will:

• Explain contract clauses in plain language
• Spot unfavorable terms before you sign
• Negotiate repairs, credits, or price changes when inspections reveal issues
• Answer your questions quickly, without divided loyalties

Need a lawyer who puts you first? Contact us today.

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2. Independent Advice Helps You Avoid Costly Errors

Real estate contracts are long and detailed. Small mistakes can lead to large bills later—unexpected tax liens, unpaid water charges, or boundary disputes. An attorney you choose will:

• Review title searches with care
• Confirm property taxes and utility bills are current
• Verify the seller has clear power to sell (important in estate or divorce sales)
• Protect you from last-minute surprises at the closing table

Skipping these checks to close faster can backfire. Independent legal review keeps your deal on solid ground.

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3. You Control the Closing Timeline

Lenders, title companies, and agents often push for quick closings in summer when deal volume is high. If you choose your own attorney, you can set realistic deadlines that fit inspection schedules, appraisal dates, and travel plans. This reduces rushed paperwork and missed steps.

Your attorney may also be able to arrange for remote or mail-away closings if you plan to be on vacation, ensuring the deal stays on track even when you’re out of town.

Ask us about flexible closing options.

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4. Local Knowledge Makes a Difference

Rules can vary from one county to the next. A lawyer familiar with Monroe, Orleans, and Genesee Counties understands:

• Well and septic system test rules in rural areas
• Special tax rates and school district levies
• Regulations for lakefront or farmland properties
• Local customs and rules that affect inspection deadlines and payment of transfer taxes

Choosing a local attorney means problems get solved faster because your lawyer knows whom to call and which forms for various things are required.

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5. You Can Shop for Value—Not Just Price

Real estate attorneys set their own fees. When you pick your lawyer, you can compare:

• Responsiveness (Do calls and emails get answered promptly?)
• Experience with your type of deal (first-time buyers, estate sales, farm land, etc.)
• Clear fee structures (flat closing fee vs. hourly rate for extras)
• Ability to meet short deadlines when inventory is tight

Value is more than cost; it’s about a smooth, stress-free deal.

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Common Myths About Choosing Your Own Attorney

• “My lender requires that I use their lawyer.” Not true in New York. You can select your attorney; the lender may still use its own counsel for loan documents.
• “Using the seller’s attorney saves time.” It might speed things up, but you lose independent advice and risk agreeing to terms that favor the seller.
• “I don’t need a lawyer if I’m working with an agent.” Agents can explain market trends and draft contracts, but only an attorney can give legal advice, fix legal problems and close your deal.

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When to Hire Your Attorney

You should hire an attorney before or immediately after making or accepting an offer—so their advice and any necessary contract changes happen early.

Waiting until later in the process can limit your options when issues pop up. Early involvement keeps negotiations under your control.

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Your Next Step: Choose Confidence

Buying or selling real estate is likely the biggest financial move you’ll make this year. Choosing your own attorney gives you confidence that every detail is handled with care, every risk is explained, and every deadline is met.

Klafehn, Heise & Johnson P.L.L.C. proudly represents clients in Rochester and throughout Monroe, Orleans, and Genesee Counties. From first look at the purchase offer to the last signature at closing, we are by your side.

Schedule your real estate consultation today.

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Legal Disclaimer

This article provides general information about real estate law in New York and is not legal advice. Each deal is different. For advice suited to your situation, contact Klafehn, Heise & Johnson P.L.L.C. in Rochester, NY, using the link above. Portions of this post may be considered ATTORNEY ADVERTISING under 22 NYCRR Part 1200. Past results do not guarantee similar outcomes.