New York, NY asked in Real Estate Law for New York

Q: Can a lawyer with a broker license represent a buyer purchasing a home and also do the real estate closing?

I am purchasing a home and would like my father to be my buyer’s broker and real estate attorney for the closing. Can he be both in Suffolk County, N.Y?

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2 Lawyer Answers

A: You should ask your father. Why would you need a broker if you already settled on the property. You need a lawyer to be certain that the seller complies fully with the new Real Property Disclosure statute especially with the new mandatory flood disclosure.

A: No, someone cannot act as both a real estate attorney and collect a real estate commission on the same transaction as it is a conflict of interest. That said, your father could act as your real estate attorney and collect a finder's fee, assuming that the Seller consents to the finder's fee.

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