What Does a Seller's Attorney Do?

Most home sellers in Staten Island know they need an attorney — but many aren't entirely sure what the attorney actually does from accepted offer to closing day. This post walks through the seller's attorney's role at each stage of the transaction so you understand exactly what you're getting and why it matters.

Stage 1: After the Offer Is Accepted

Once a buyer and seller agree on a price and basic terms, the deal is far from done. The seller's attorney steps in immediately to draft the contract of sale.

In New York, there is no standard fill-in-the-blank form for residential real estate contracts. The seller's attorney prepares a contract tailored to the specific property and transaction — including riders that address the property's condition, what fixtures and appliances are included, what the seller will and won't represent, and the timeline for closing.

The contract is then sent to the buyer's attorney for review. This back-and-forth negotiation typically takes one to two weeks.

Stage 2: Contract Negotiation

The buyer's attorney will almost always request modifications to the seller's draft contract. These might include:

• Requests for additional representations or warranties from the seller
• Adjustments to what personal property is included in the sale
• Changes to the closing timeline
• Requests to address open permits, violations, or title issues
• Seller concession language

The seller's attorney's job is to protect the seller's interests — accepting reasonable requests, pushing back on overreaching ones, and making sure the final contract does not create unexpected obligations for the seller after closing.

Important: In New York, once both parties sign the contract, it is binding. There is no attorney review period like the one used in New Jersey. This is why the negotiation that happens before signing is so critical.

Stage 3: Holding the Down Payment in Escrow

Once the contract is signed, the buyer pays a down payment — typically 10% of the purchase price — which is held in escrow until closing. In many New York residential transactions, the seller's attorney holds this escrow deposit in a separate attorney trust account.

Stage 4: Title and Mortgage Payoff Coordination

Title clearance: The buyer's title company will run a title search and may find issues — open mortgages, unpaid liens, old judgments, estate issues, or open permits and violations. The seller's attorney works to resolve any issues that could cloud the title or delay the closing.

Mortgage payoff: If the seller has an outstanding mortgage, the attorney orders a payoff letter from the lender stating the exact amount needed to satisfy the loan as of the anticipated closing date.

Permit and violation issues: If the property has open building permits or violations on record with the NYC Department of Buildings or the Environmental Control Board, the seller's attorney helps navigate resolution or negotiate with the buyer's attorney about how they will be addressed.

Stage 5: Closing Preparation

Before closing, the seller's attorney reviews the closing figures — including the settlement statement that shows all debits and credits for both parties. The attorney confirms that the numbers match the contract and that the seller will receive the correct net proceeds.

Stage 6: The Closing

At the closing, the seller's attorney:

• Reviews all closing documents with the seller before signing
• Ensures the deed is properly prepared and executed
• Coordinates the transfer of the escrow deposit and the balance of the purchase price
• Confirms the mortgage payoff is transmitted to the lender
• Receives the seller's net proceeds and ensures they are disbursed correctly

Learn what documents to bring to your closing.

What a Seller's Attorney Does Not Do

The attorney does not:

• Set or negotiate your listing price (that's the agent's job)
• Market the property or bring buyers to the table
• Perform a home inspection or assess the physical condition of the property
• Provide tax advice about capital gains or 1031 exchanges (that's a tax professional's domain)

Ready to Sell?

At Weinman Law Offices, Pete Weinman represents home sellers throughout Staten Island — from the first draft of the contract to the final distribution of your proceeds.

For a complete overview of the entire selling process, see The Staten Island Home Selling Process: A Step-by-Step Guide.

Contact Pete today: Call (718) 442-2010 | Text (718) 957-8121 | Weinman@StatenIslandLaw.com