Why Attorneys Handle Closings In New York

If you are moving to Buffalo or buying your first home in Erie County, you might be surprised to learn that closings here are typically led by attorneys, not title or escrow companies. If you bought in another state, this can feel unfamiliar. The good news is that the attorney‑centric model is designed to protect you, keep funds secure, and make sure your deed and mortgage record correctly. In this guide, you will learn why New York uses attorneys, who does what, the local timeline and costs, and practical tips to close smoothly in Buffalo. Let’s dive in.

Why New York uses attorneys

New York is known as an attorney‑centric closing state. Buyers and sellers typically hire attorneys to prepare documents, coordinate payoffs, hold funds in escrow, and conduct the settlement signing. Lenders and title underwriters in New York also expect attorney participation, which is part of why the model is so consistent across the state.

There are functional reasons for this approach. New York contracts and closing documents can be complex, especially with co‑ops and some condo matters. Attorneys are trained to identify and cure title issues, address lien problems, and prepare legal instruments such as deeds, affidavits, and estoppel letters.

It is important to note that there is no single statewide statute that mandates an attorney for every closing. Attorney involvement is driven by custom, lender expectations, and underwriting practices. In Buffalo, the result is the same: you should plan to retain an attorney as a normal part of your purchase or sale.

Who does what at a Buffalo closing

Understanding each participant’s role will help you stay organized and confident.

Buyer’s attorney

• Reviews the purchase contract and any riders.
• Orders the title search and handles title curative work if issues arise.
• Prepares closing documents, including transfer tax forms and the settlement statement.
• Holds your deposit and closing funds in a trust or IOLA account and disburses funds at closing.
• Submits the deed and mortgage for recording and delivers your recorded deed and title policy after closing.

Seller’s attorney

• Prepares the seller’s deed and affidavits.
• Coordinates payoff of the existing mortgage and any liens.
• Arranges commission disbursement and ensures municipal charges are settled.

Title company or title insurer

• Underwrites the owner and lender title insurance policies.
• Supports the title search and issues the title commitment with requirements.
• Works with your attorney on curing any title defects before closing.

Lender or mortgage servicer

• Orders the appraisal and completes underwriting.
• Provides the Closing Disclosure and loan documents. Federal rules require the Closing Disclosure to be delivered to most borrowers at least three business days before consummation.
• Issues payoff and demand statements if the seller has a mortgage to clear.

Real estate agent

• Coordinates the team: attorneys, lender, inspectors, surveyors, and title insurer.
• Keeps the timeline moving, schedules inspections and the final walkthrough, and helps confirm deliverables.
• Provides guidance on the process but does not provide legal advice.

County and municipal offices

• The Erie County Clerk records deeds and mortgages and collects recording fees and tax filings.
• The City of Buffalo tax and building departments report on open permits, municipal charges, and code matters that must be cleared.

Inspectors and surveyors

• Home, pest, and specialty inspectors evaluate the property’s condition.
• Surveyors provide boundary surveys if required by the lender or requested by you.

Step‑by‑step timeline in Erie County

While timelines can vary, financed purchases in Buffalo commonly close within 30 to 60 days after the contract is signed. Cash deals can close sooner.

1. Offer accepted and contract signed. You provide the initial deposit, and you connect with a Buffalo‑area real estate attorney right away.

2. Hire your attorney and move forward with the loan. Your attorney orders the title search. Your lender orders the appraisal and begins underwriting.

3. Schedule inspections and any needed survey. Home, pest, sewer, or other specialized inspections should be done quickly so you can address repairs or credits early.

4. Clear title conditions. Your attorney and the title insurer identify and resolve issues such as old mortgages, judgments, municipal liens, or easements. In older Buffalo neighborhoods like Delaware–West Ferry, it is common to review past permits, older deed references, or tax history.

5. Prepare final numbers. Seller payoffs, tax prorations, utilities, and any condo or HOA fees are calculated. Your lender provides the Closing Disclosure at least three business days before closing. Your attorney shares the settlement statement and instructions for wiring funds or bringing a cashier’s check.

6. Do your final walkthrough. You confirm the property’s condition and that agreed repairs are complete.

7. Closing day. You meet with the parties or their attorneys to sign documents. Your attorney disburses funds from escrow according to the settlement statement.

8. Post‑closing. The deed and mortgage are submitted to the Erie County Clerk for recording. You receive your recorded deed and owner’s title policy after issuance.

Closing costs to expect in Buffalo

Closing costs vary by property and loan type, but here are common items to plan for.

Buyer closing costs

• Title insurance premiums for owner and lender policies.
• Attorney’s fees for representation and settlement services.
• Lender charges such as application, appraisal, and origination fees.
• Prepaid items and escrows for property taxes and homeowner’s insurance.
• Mortgage recording taxes and recording fees if you finance your purchase.

As a general guide, buyers in New York often see total closing costs in the range of roughly 2 to 5 percent of the purchase price. Your lender and attorney can provide a good‑faith estimate for your specific deal.

Seller closing costs

• Payoff of the existing mortgage and any liens.
• Prorated property taxes and outstanding municipal charges.
• Broker commissions and seller’s attorney fees.
• State and any applicable local transfer taxes.

Transfer taxes and key filings

New York State charges a real estate transfer tax that is commonly expressed as 2 dollars per 500 dollars of consideration, which equals 0.4 percent. Additional county or city transfer taxes may apply depending on the property’s location. Your attorney will prepare the required transfer forms and confirm current rates with the New York Department of Taxation and Finance and local offices.

How New York differs from escrow states

If you are relocating from an escrow state, here is what to expect in New York.

• Who conducts the settlement: Attorneys commonly conduct the closing and hold funds in attorney escrow accounts. In escrow states, a title or escrow company usually does this.
• Document preparation: New York attorneys draft and review legal documents like the deed and affidavits. In escrow states, the escrow officer often prepares closing packages under escrow instructions.
• Handling funds: Your funds are held in an attorney trust or IOLA account rather than an escrow company trust account.
• Title insurance: Both systems use title insurance. In New York your attorney typically orders the search and works with the underwriter to clear issues.
• Legal guidance: Because attorneys are central to the process, you have immediate legal counsel for contract questions and last‑minute closing issues.

Tips for first‑time buyers and relocators

A few proactive steps can save you time and stress.

• Hire a Buffalo real estate attorney as soon as your offer is accepted. Local experience with Erie County recording and City of Buffalo municipal searches helps avoid delays.
• Get pre‑approved before you shop. Lender underwriting is a common driver of your closing date.
• Order inspections quickly. Address repairs or concessions well before the closing date.
• Ask for early estimates. Request a good‑faith estimate of closing costs from your lender and a sample settlement statement from your attorney.
• Protect your funds. Always verify wiring instructions by phone using a known, trusted number. Do not rely only on email for last‑minute instructions.

Simple document checklist

• Government‑issued photo ID.
• Proof of funds for your down payment and closing costs.
• Wiring instructions or cashier’s check guidance from your attorney.
• Contact information for your lender, insurance agent, and any co‑buyers.

Common Buffalo title and permit hurdles

Buffalo’s older housing stock is part of its charm, and it can add extra steps to the title process. In areas like Delaware–West Ferry, your attorney may need to review older deed references, confirm that past mortgages were properly discharged, and check for open building permits or municipal code items. City of Buffalo departments may show outstanding charges or permit issues that must be resolved before closing.

These items are common and manageable with the right team. Your attorney and the title insurer will work together to cure defects, obtain releases, or negotiate credits when appropriate. Expect the process to take a bit of time, especially if older records must be located or verified.

How Benjamin keeps your closing on track

You deserve a clear roadmap and constant communication. Benjamin coordinates introductions to trusted Buffalo‑area attorneys, lenders, inspectors, and title professionals so you have the right team from day one. He keeps everyone aligned on dates, documents, and deliverables, and he helps schedule inspections, the appraisal, and your final walkthrough.

Benjamin confirms that negotiated repairs are completed, that keys and agreed items are ready, and that you have what you need for a smooth signing. He respects each professional’s role and never provides legal advice, which keeps your closing accurate and compliant. Most of all, he is responsive and proactive so you are never guessing about the next step.

Ready to buy or sell in Buffalo with a trusted local on your side? Connect with Benjamin Domagala to map out your plan and move forward with confidence.

FAQs

Do I need an attorney to close in Buffalo?

• It is standard practice for both buyers and sellers to retain attorneys in New York transactions, and lenders and title underwriters routinely expect attorney participation.

Who holds my deposit during a Buffalo purchase?

• The contract specifies the escrow holder, which is often an attorney’s escrow account or the listing brokerage per the agreed terms.

When will I see my final closing numbers?

• Your lender must provide the Closing Disclosure for most mortgages at least three business days before closing, and your attorney will share a settlement statement in advance as well.

How soon is my deed recorded in Erie County?

• Your deed is submitted to the Erie County Clerk at or shortly after closing, and your attorney will confirm once recording is completed.

What happens if a title issue appears right before closing?

• The buyer’s and seller’s attorneys work with the title underwriter to cure the defect, which can delay closing or lead to a negotiated credit or other resolution.